Two sections of the NLRA create far-reaching protections for employees in non-union workplaces: Section 7 sets forth the rights of employees, and section 8 defines unfair labor practices, which can be committed by either employers or labor organizations.

Section 7 of the NLRA sets forth the principal rights of employees:

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3). 1

Examples of employee rights under section 7 of the NLRA include:

• Forming or attempting to form a union among the employees of a company;
• Joining a union, whether the union is recognized by the employer or not;
• Assisting a union to organize the employees of an employer;
• Engaging in concerted activity, such as picketing or striking, to secure better working conditions;
• Refraining from activity on behalf of a union;
• Taking advantage of the NLRB’s processes, such as filing a ULP charge or testifying in an NLRB hearing; and
• Non-union employees coming together to demand an increase in wages or changes to work rules or working conditions.

Section 8 of the NLRA covers unfair labor practices committed by either employers or labor organizations. Under section 8(a), employers are prohibited from committing the unfair labor practices of interfering with, restraining or coercing employees from exercising their section 7 rights.2

For more detailed information on union unfair labor practices, see Unfair Labor Practices of Unions.

1. 29 U.S.C. 157