Unions

This section is currently being reviewed due to recent NLRB activity and will be updated shortly.

This section provides an overview of the National Labor Relations Act (NLRA), or “the Act,” which is the federal law that governs the relationship between most employers and unions in the private sector. This chapter discusses situations in which the NLRA imposes obligations on non-union employers.

The federal agency that enforces and administers the Act is the National Labor Relations Board (NLRB or the Board). Over the last several years, the Board has issued a number of decisions that greatly expanded what are considered “protected concerted activities” under the Act.

These include decisions invalidating class action waivers contained in employment arbitration agreements, limiting the ability of employers to keep workplace investigations confidential, and making it difficult to draft a social media policy that makes sense from a business standpoint and also will withstand scrutiny by the NLRB.

The composition of the Board, and its agenda, often change with a new Presidential Administration. While it is anticipated that new changes are on the horizon under the Trump Administration, it may take some time before those changes are seen. Therefore, many of the decisions referenced in this chapter came about under the Obama administration, and at the time of publication, still remain decisions that employers must be aware of and adhere to.

Labor law is a dynamic area and it is always difficult to know how to respond to newly-issued Board decisions, especially when the decisions make fundamental changes in the law.

  • As a result, an employer that finds itself facing a union organizing effort, a claim for violation of employee rights under the NLRA, or who otherwise comes to the attention of the NLRB, should seek assistance from counsel experienced in labor relations matters.​

Acknowledgments

CalChamber thanks Seyfarth Shaw LLP for its contributions to the Labor Relations in Private Employment chapter.

With more than 800 attorneys in the U.S., London, Shanghai, Melbourne and Sydney, Seyfarth Shaw LLP offers a national platform and an international gateway to serve your changing business and legal needs in litigation, employment, corporate, real estate and employee benefits.

Joshua Henderson is a partner in Seyfarth Shaw LLP’s San Francisco office and is the national Vice Chair of the firm’s Labor & Employee Relations Group. He represents management in various industries in a broad range of labor and employment litigation and counseling. Josh is a trusted advisor and experienced litigator on traditional labor law matters. His practice includes Board litigation, collective bargaining for first and successor contracts, discharge and contract interpretation arbitrations, strikes and secondary boycotts, elections and Section 301 litigation. Most recently, Josh has litigated the independent contractor status of truck drivers in a federal putative class action. In addition, Josh has advised clients regarding AB 1727 in California, which threatened the on-demand business model, and provided strategic input on the legal challenge to Seattle’s ordinance permitting on-demand drivers to organize.

More information on Mr. Henderson and the firm can be found on Seyfarth Shaw’s website.​