The Rights Non-Union Workers Have

Non-union workers have the same legal rights as union workers for covered industries.

Non-union workers have the same rights as union-affiliated workers. The National Labor Relations Board enacted the National Labor Relations Act (NLRA). Under the Act, most employers are prohibited from discriminating against non-union employees based upon the lack of union membership.

Function

The NLRA makes it illegal for employers to threaten its employees for exercising their collective bargaining rights and freedom to organize with a union group. Employers may not question its employees about their specific union memberships and may not base benefits and compensation upon membership or non-membership in a union.

Identification

The NLRA does not provide rights for certain classes of workers, including independent contractors, employees working for a family-owned shop, domestic workers or agricultural and migrant employees. Therefore, employers do not have to provide them with the same union rights that non-union employees share.

Prevention/Solution

Employers who are bound by the NLRA must not threaten its workers with retaliatory actions based upon refusal to sign-up for union membership. Non-union workers who believe their rights have been violated may file a complaint with the National Labor Relations Board. The Board may request that the employer remedy the violation or the Board may seek injunctive relief through federal administrative courts.

Warning

Since laws may frequently change, you should not use this information as a substitute for legal advice. Seek advice from an attorney licensed to practice in your jurisdiction.

References

• The National Labor Relations Board: Unfair Labor Practices
• The National Labor Relations Board: Employees Not Covered by NLRA