Federal and state statues protect most employees from interference, discrimination or reprisals during a Union organizing campaign.

• The National Labor Relations Act protects employees of private business and other entities, including hospitals, embassies and consulates. Employees of rail and air carriers are not protected under this law.
• The Railway Act protects employees of rail and air carriers.
• The Federal Services Labor Management Relations Act protects employees of the federal government.
• Most states have enacted laws that protect employees of state, county, and municipal governments.

Agencies of the Federal and State governments, such as the National Labor Relations Board (private sector), the National Mediation Board (rail and air), the Federal Labor Relations Authority (federal government), and state Public Employer Relations Boards and Commissions (state, county and municipal governments), enforce employee organizing rights under these laws.

The fundamental protections generally provided by these laws are summarized here. Should you or any co-workers need assistance understanding these rights and protections, contact your local union or organizing committee.

It is important for all employees to write down all infractions, no matter how minor. Write down the date, who was involved, the time of day, and any witnesses. Good documentation is critical in winning a favorable ruling from the NLRB.



Your Rights As An Employee:

• Forming, or attempting to form, a union among the employees of your employer.
• Employees have the right to discuss union issues during non-working time (breaks and lunch hours) - even in working areas. If employees are allowed to have casual conversations during work, then they are also allowed to talk about the union during work.
• During non-working time, employees also have the right to post literature relating to union activity on bulletin boards designated for employee use.
• Employees have the right to distribute union literature as long as it is done in non-work areas (break rooms, cafeteria, parking lots) during non-working time.
• Attend meetings to discuss joining a union.
• Wear union buttons, hats, shirts, or other visibility items on the job.
• Sign a card asking your employer to recognize and bargain with the union.
• Distribute union authorization cards during non-working time in work areas and ask other employees to support the union, by signing union authorization cards.
• Maintain visibility items near personal work areas.
• Sign petitions or file grievances related to wages, hours, working conditions, and other job-related issues.
• Ask questions during captive audience meetings provided such actions are not disruptive.



Rights Of The Employers:

• Engage in an anti-union campaign through mailings, phone calls, house calls, leafleting, individual conversations, and the use of employer bulletin board displays.
• Warn employees about all aspects of unions, including strikes as well as making known the union’s dues structure, salaries of the unions officers and staff, and other financial or historical information about the union.
• Inform employees of their rights not to support the union as well as how to legally campaign against the union.
• Make available anti-union buttons and apparel.
• Advise employees that the union cannot guarantee wage or benefit improvements.
• Restrict distribution of all non-work related materials as long as all such enterprises including charitable, political, etc. are included.
• Restrict distribution of union materials to non-work areas, such as cafeterias, vending machine areas, locker rooms, lavatories, and parking lots.
• Up to twenty-four hours prior to the election, require employees to attend captive audience meetings to discourage union support. Such meetings can also be called within twenty-four hours prior to election; however, attendance must be voluntary within that time.
• Encourage employees to vote in the representation election.



Restrictions On Employers:

• Discriminating against union supporters by discharging, demoting, denying promotion, changing shifts or jobs, withdrawing benefits or cutting wages.
• Threatening employees with plant closing or with any of the above, as well as creating a threatening work atmosphere through the use of guards or by instituting surveillance or searches in order to discourage union activity.
• Favoring employees who don't support the union over those who do in promotions, job assignments, wages, hours, enforcement of rules, or any other working conditions.
• Shutting down work or taking away benefits or privileges employees already enjoy in order to discourage union activity.
• Intimidating employees from supporting the union.
• Interrogating employees about their concerns dealing with wages, benefits, or other conditions of employment which might lead to the employees’ support of the union.
• Stating a refusal to bargain unless ordered or insinuating that bargaining would begin from scratch.
• Forcing employees to wear anti-union buttons or apparel.
• Granting or promising wage or benefit increases unless such were previously scheduled.
• Making libelous statements.
• Making substantial misrepresentations concerning the union organizing campaign.
• Imposing a broad rule outlawing any pro-union conversation or the distribution of union literature.
• Spying on employees. This includes eavesdropping, taping, filming, photographing, phone tapping, and tracking attendance at union functions.
• Dominating or attempting to select the union or interfering with the union’s internal activities.
  Implying bias by the National Labor Relations Board in its enforcement of the LMRA.



Restrictions On Unions:

• Guaranteeing wage and/or benefit improvements.
• Offering to waive dues or assessments only to reelection supporters.
• Making libelous statements.
• Making substantial misrepresentations concerning the union organizing campaign.
• Wearing union buttons or apparel if such items interfere with safety, sales, or promotion.
• Threatening to discriminate against employees who refuse to support the union.
• Implying bias by the National Labor Relations Board in its enforcement of the LMRA