Employee Free Choice Act

This legislation proposes to amend the NLRA and allows the certification of labor Unions through the presentation of valid union authorization signed by a majority of employees to the National Labor Relations Board. The Bill passed in the House of Representatives on March 1, 2007 by a vote of 241-185 and is currently awaiting approval in the Senate. However, even if the Bill passes both houses of congress, it may face opposition from the Whitehouse.


Weingarten Rights Unavailable to New York’s Public Employees

The New York State Court of Appeals ruled, on February 20, 2007, that the Taylor Law does not grant Weingarten rights to New York public employees. Weingarten Rights are provided under the National Labor Relations Act and entitles a union to Union representation during an employer interview which he reasonably believes may result in his discipline. The Court of Appeals held that the “mutual aid and protection” language that creates the Weingarten right under Section 7 of the NLRA is notably absent from Section 202 of the Taylor Law, therefore the legislature did not intend public employees to have the same rights under the Taylor Law as are provided to private employees under the NLRA. New York City Transit Authority v. New York State public Employee Relations Board, 2007 N.Y. LEXIS 163 (2007).


Know Your Rights

The National Labor Relations Act was created to protect private-sector employees and employers in the workplace. Under the National Labor Relations Act, employees have the right to self-organize and to join, form or assist labor organizations. Employers are prohibited from restraining or coercing employees in the exercise of their rights covered under the NLRA. For example, it is unlawful for an employer to threaten its employees with the loss of jobs or benefits if they vote for a union or join a union or if they engage in protected concerted activity. Protected concerted activity is when two or more employees confront their employer regarding the improvement of working conditions or discuss work related issues with each other. In addition an employee who addresses improving the working conditions with his or her employer, on behalf of at least one other employee, is protected concerted activity.