National Labor Relations Act

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the National Labor Relations Act. * * * Section 7 of the National Labor Relations Act ("NLRA") provides that " e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively . . ., and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," and "also . . . the right to refrain from any or all of such activities." 29 U.S.C. 157. Section 8, in turn, provides that it is "an unfair labor practice for a labor organization or its agents . . . to restrain or coerce . . . employees in the exercise of the rights guaranteed in Section 7]." 29 U.S.C. 158(b)(1)(A). With respect to membership dues, Section 302 of the Labor Management Relations Act ("LMRA"), which generally prohibits payments from an employer to a union, see 29 U.S.C. 186(a), includes an exception permitting an employer to deduct union membership dues from employees' wages and remit those funds to the union " p]rovided, t]hat the employer has received from each employee, on whose account such deductions are made, a written assignment which shall not be irrevocable for a period of more than one year, or beyond the termination date of the applicable collective agreement, whichever occurs sooner," id. 186(c)(4) (italics omitted). The Board has interpreted Section 7 of the NLRA to protect an employee's right to revoke any prior authorization for the deduction of union dues. See Int'l Bhd. of Elec. Workers, Local No. 2088 (Lockheed Space Operations Co., Inc.), 302 NLRB 322, 327 (1991). Local 58, IBEW, AFL-CIO v. NLRB, (DC Cir. 2018). * * * Under the NLRA, it is an unfair labor practice for a labor organization to "restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title." 29 U.S.C. 158(a)(1). Section 157 guarantees, among other things, the right to engage in union activities or refrain from union activities. Id. 157. The NLRA also makes it an unfair labor practice for a labor organization "to cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a)(3)." Id. 158(b)(2). Section (a)(3) prohibits, among other things, "discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization." Id. 158(a)(3). International Alliance of Theatrical Stage Employees v. NLRB, (8th Cir. 2018).