Labor Law Essentials for HR Professionals
Labor law knowledge is tested within the Organization domain on the SHRM exams. HR professionals must understand the rights of employees and employers under the National Labor Relations Act, the collective bargaining process, and the role of unions in the workplace.
Key Labor Relations Laws
| Law | Year | Key Provisions |
|---|
| Norris-LaGuardia Act | 1932 | Limited court injunctions in labor disputes; outlawed yellow-dog contracts |
| Wagner Act (NLRA) | 1935 | Established right to organize and bargain collectively; created the NLRB |
| Taft-Hartley Act (LMRA) | 1947 | Balanced power by defining unfair labor practices by unions; allowed right-to-work laws; created FMCS |
| Landrum-Griffin Act (LMRDA) | 1959 | Union members' bill of rights; financial reporting requirements for unions; election standards |
NLRA Section 7 Rights
Employees have the right to:
- Self-organization and form, join, or assist labor organizations
- Bargain collectively through representatives of their own choosing
- Engage in concerted activities for mutual aid or protection
- Refrain from any or all of these activities (except where a union security agreement exists)
Key point: Section 7 rights apply to all employees covered by the NLRA, not just those in unionized workplaces. Discussing wages and working conditions with coworkers is protected concerted activity.
Unfair Labor Practices (ULPs)
| By Employers (Section 8a) | By Unions (Section 8b) |
|---|
| Interfering with employee Section 7 rights | Restraining or coercing employees in exercising their rights |
| Dominating or interfering with formation of a union | Causing an employer to discriminate against employees |
| Discriminating against employees for union activity | Refusing to bargain in good faith with the employer |
| Retaliating against employees who file charges or testify | Engaging in secondary boycotts or jurisdictional strikes |
| Refusing to bargain in good faith with the union | Charging excessive or discriminatory membership fees |
Union Organizing Process
| Step | Description | Key Details |
|---|
| 1. Interest Building | Employees and/or union organizers gauge interest | Cannot be done on company time using company resources |
| 2. Authorization Cards | Employees sign cards indicating desire for union representation | 30% of bargaining unit must sign to petition NLRB |
| 3. NLRB Petition | Union or employees file petition with NLRB | NLRB determines appropriate bargaining unit |
| 4. Election Campaign | Both sides communicate their positions to employees | Employer must follow TIPS rules (no Threats, Interrogation, Promises, Surveillance) |
| 5. Secret Ballot Election | NLRB conducts the election | Simple majority of votes cast wins; not majority of eligible voters |
| 6. Certification | If union wins, NLRB certifies the union as exclusive representative | Employer must begin bargaining in good faith |
Collective Bargaining
| Subject Type | Description | Examples |
|---|
| Mandatory | Must be bargained if either party raises the issue | Wages, hours, benefits, grievance procedures, seniority, layoff procedures |
| Permissive | May be discussed if both parties agree; cannot bargain to impasse | Union membership for supervisors; internal union affairs; industry promotion |
| Illegal | Cannot be included in any agreement | Closed shop agreements; discrimination clauses; hot cargo agreements |
Employer Campaign Rules (TIPS vs. FOE)
| Employers Cannot (TIPS) | Employers Can (FOE) |
|---|
| Threaten employees with adverse consequences for union support | Share Facts about unionization and its implications |
| Interrogate employees about union activities or sympathies | Express Opinions about unions (if not coercive) |
| Promise benefits to discourage union support | Provide Examples of negative union experiences at other organizations |
| Surveil or spy on union activities | Respond to employee questions honestly |
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