National Labor Relations Act (NLRA)

The National Labor Relations Act (NLRA) is the federal law that protects the right of most private-sector employees to organize, bargain collectively and act together to improve their working conditions. Congress passed it in 1935, and the National Labor Relations Board (NLRB) enforces it.

Many people assume the NLRA only matters when a union is involved. It also protects employees in non-union workplaces, so handbook rules, discipline decisions and everyday employee conversations can all raise NLRA questions.

What Rights Does the NLRA Give Employees?

Section 7 of the Act gives employees the right to organize, to form, join or assist labor organizations, and to bargain collectively through representatives of their own choosing. It also protects the right to take part in other concerted activities for mutual aid or protection. Employees may refrain from any of these activities as well.

Union activity includes trying to form a union, joining one or helping organize coworkers. Group action without a union is a separate topic, called protected concerted activity, and it has its own entry covering examples and limits.

Who Does the NLRA Cover?

The NLRA covers most private-sector employers and employees, whether or not a union is present. The NLRB says its reach includes non-profits, employee-owned businesses and businesses in right-to-work states. Its jurisdictional standards are low: retailers are covered at $500,000 in annual business volume, and most non-retailers at $50,000 in out-of-state sales or purchases.

The statute excludes several groups from the definition of employee:

• Federal, state and local government employees
• Agricultural laborers and domestic workers in a private home
• Independent contractors
• Supervisors
• Workers of employers covered by the Railway Labor Act, such as railroads and airlines

Supervisor status turns on authority, not job title. A supervisor has authority, in the employer's interest, to hire, discipline, assign or reward other employees, or to effectively recommend those actions. That authority must also require independent judgment rather than routine or clerical work.

What Can Employers Not Do Under the NLRA?

Section 8(a) lists five employer unfair labor practices. Employers may not interfere with employees' Section 7 rights, dominate or fund a union, or use hiring and job terms to encourage or discourage union membership. They also may not retaliate against employees who file charges or testify under the Act, or refuse to bargain with the employees' chosen representative. The full text is in 29 U.S.C. 158.

The NLRB gives examples of unlawful interference:

• Threatening to close the workplace or cut benefits if employees support a union
• Questioning, spying on or photographing employees engaged in protected activity
• Promising benefits if employees reject a union
• Keeping work rules that reasonably tend to inhibit employees' rights
• Disciplining or firing employees for protected concerted activity

Unions have their own list of unfair labor practices under Section 8(b). Employers that bargain with a union also take on the duties covered in our collective bargaining entry.

How Does the NLRB Enforce the NLRA?

The NLRB is an independent federal agency that runs union elections and investigates unfair labor practice charges. It cannot start an investigation on its own, so someone must file a charge. The statute generally bars a complaint based on conduct more than six months before the charge was filed.

More than 90% of meritorious cases settle, according to the NLRB. Cases that do not settle go to an administrative law judge and then to the five-member Board. If the Board finds a violation, it can order the employer to stop, and it can order steps such as reinstating employees with back pay. Federal courts of appeals decide whether to enforce those orders.

Board policy shifts with its membership. Presidents appoint Board members and the General Counsel, who decides which cases to prosecute. In 2023 the Board replaced its 2017 standard for reviewing work rules, and in February 2025 the General Counsel rescinded a group of earlier guidance memos. Check current NLRB decisions and memos before relying on any standard.

How Does HR Cloud Fit Into the NLRA?

The NLRA is labor law, and HR Cloud is not a labor relations or legal compliance product. It does not decide whether someone is a supervisor, review handbook rules, or tell you whether an action is an unfair labor practice. Those judgments stay with HR and counsel.

Where HR Cloud can help is recordkeeping. Its e-signature page describes a read-and-acknowledge feature, alerts when a signature is missing, and tracking of when a request was sent, viewed, printed and signed. That can show who received a policy and when. The page does not describe any review of policy wording against the NLRA.

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Frequently Asked Questions

Q: Does the NLRA apply if my company has no union?

A: Yes. The Act protects most private-sector employees whether or not a union is present, including their right to act together on pay and working conditions.

Q: Are managers and supervisors covered by the NLRA?

A: Generally no. Supervisors are excluded from the definition of employee, but the test is the person's actual authority and use of independent judgment, not the job title.

Q: Do small businesses have to follow the NLRA?

A: Often yes. The NLRB sets low dollar thresholds, so many small private employers fall within its jurisdiction. Check the NLRB's current standards for your type of business.

Q: Where does an employee file an NLRA charge?

A: Charges go to the NLRB through its E-File application or one of its regional offices. The agency investigates only after someone files.

Q: What is the difference between the NLRA and the NLRB?

A: The NLRA is the law passed by Congress. The NLRB is the federal agency that enforces it.

Q: Does the NLRA apply to government employers?

A: No. The statute excludes the United States, states and their political subdivisions from the definition of employer, so public employees fall outside it.