NLRA: Collective Bargaining
Employment Law · Lesson 08
NLRA: Collective Bargaining
這一課問的是：僱主是否干涉員工依 NLRA 之組織與共同行動權？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Has the employer interfered with employees' rights to organize or engage in concerted activity under the NLRA?
這一課問的是：僱主是否干涉員工依 NLRA 之組織與共同行動權？
Trigger words & phrases that should flag this issue:
unioncollective bargainingorganizeconcerted activityunfair labor practice
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
NLRA
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National Labor Relations Act (Wagner Act) — protects right to organize.
NLRA。
Section 7
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Protects right to self-organize, form/join unions, bargain collectively, engage in concerted activity.
§7。
concerted activity
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Two or more employees acting together (or one acting on behalf of others) for mutual aid.
共同行動。
unfair labor practice (ULP)
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Employer or union conduct violating NLRA.
不當勞動行為。
NLRB
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National Labor Relations Board — administers and enforces NLRA.
NLRB。
bargaining unit
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Group of employees represented for collective bargaining.
協商單位。
Weingarten rights
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Right to union representation during investigatory interview that may lead to discipline.
Weingarten 權利。
Rule Sentence · the workhorse
Section 7 of the NLRA grants employees the right to self-organize, form or join labor organizations, bargain collectively through representatives of their own choosing, and engage in other concerted activities for mutual aid or protection; Section 8 prohibits employers from interfering with these rights through unfair labor practices.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employees and employer員工與僱主
Act 行為organizing or interfering組織或干涉
Object 對象concerted activity rights共同行動權
Standard 法律標準NLRA §7 + §8NLRA §7 + §8
Consequence 後果ULP liability + remediesULP 責任 + 救濟
Casebook Snapshot · a real American case
NLRB v. J. Weingarten, Inc.
Holding. Section 7 entitles a union employee to request union representation during an investigatory interview the employee reasonably believes could result in discipline. Denial of the request is an unfair labor practice.
Why it matters. Weingarten rights protect employees from being pressured in disciplinary interviews without representation.
Weingarten：工會員工於可能受懲戒之調查訪談有權請求工會代表。
Common Mistakes · what trips students
✗ NLRA 適用所有 employers。
✓ Excludes federal/state/local government, agricultural workers, domestic, supervisors.
排除政府、農工、家務、上司。
✗ only unionized workplaces 受 NLRA。
✓ NLRA §7 protects concerted activity in non-union workplaces too.
非工會職場 §7 仍適用。
Mini IRAC · build the Application
Issue. Has D committed a ULP by firing P, a non-union employee, for organizing coworkers to petition management for safer working conditions?
Rule. Section 7 of the NLRA protects concerted activity for mutual aid even in non-union workplaces; Section 8 bars employer interference with this right.
Application (model). P organized coworkers to petition for safer working conditions — classic concerted activity for mutual aid. D fired P for this activity. Because §7 protects concerted activity in both union and non-union workplaces and §8 bars retaliation for protected activity, the fact that P engaged in classic concerted activity (organizing for safety) and was fired in retaliation means D committed a ULP.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D has committed a ULP, and P is entitled to reinstatement with back pay.
MBE Check · multiple choice
During union organizing campaign, D fires three employees who signed union authorization cards. D also announces a one-time "loyalty bonus" for non-union supporters. Lawful?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: