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Questions about NLRB Laws and Regulations

The National Labor Relations Board (NLRB) is a U.S. government agency that holds elections for labor union representation and also regulates unfair labor practices in the country. However, not everyone is aware of NLRB regulations, how it works and how it impacts you. This often results in questions like the ones below that have been answered by Experts.

I have a question regarding laws that need to be followed when forming a union. Where can I find more information on this?

In the U.S., the National Labor Relations Board regulates union laws and ensures that the National Labor Relations Act — the law which controls and impacts rights of unions, employers and employees — is enforced. If you would like to know more about union laws and how they apply, it is best to get in touch with the National Labor Relations Board.

I am part of a union called ALPA. The workers are planning to kick ALPA off the premises and form a union of their own. If this is done, can the contract that is in place now be terminated and negotiated again? Also, in the event that ALPA is kicked off, does the arbitration award that we were given still remain in effect?

In the event that the workers “kick” ALPA out, the arbitration award would still remain in effect. Yet, creating a union is not easy, as there are many steps that need to be taken for it to be recognized by the National Labor Relations Board. What you could do is look at a few existing unions and, if need be, get a different one with the required experience and knowledge to represent the workers.

Would an organization like the NLRB handle an age discrimination case?

If you are a part of a union, you could file a complaint for age discrimination through the NLRB at www.nlrb.gov. If there is no union involvement, you could take the issue up with the EEOC at www.eeoc.gov.

If the NLRB makes it mandatory for employers to display pro-union posters and if there is a lawsuit filed against the NLRB for doing that, can an employer desist from putting up a poster until the matter is settled?

In this case, if the NLRB has a law that makes it mandatory for employers to display something, employers would need to follow the law until the court decides otherwise. In other words, if the NLRB has the authority and jurisdiction to ask employers to display the posters, it would be wrong of you to not display them even in the face of a pending lawsuit.

I work in an environment that is hostile and am being subjected to harassment by my union officials. I am about to file a complaint with the NLRB and was wondering whether I should hire an attorney before I take action.

Legally, you don’t need to hire the services of an attorney. The NLRB would usually conduct their investigation without a lawyer being present. Also, many attorneys wouldn’t get involved at this stage unless their services were required for mediation or for something else that might occur later in the case. They would adopt a wait-and-watch policy, wherein they would review the evidence after the investigation and then assess the strength of the claim you have made before rendering their services.

Whether you are dealing with a union from an employer’s or an employee’s perspective, it is important to understand how they work and what role the NLRB plays in regulating labor practices. This is where it can help you to arm yourself with Expert legal insights.
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Recent NLRB Questions

  • I sell new cars. My pay plan says I receive 20% of front gross

    I sell new cars. My pay plan says I receive 20% of front gross profits. My customer agreed to a $995 Dealer prep fee and I was told this fee is pure gross profit. When the deal came out of F&I the $995 Prep fee was reduced to $399 and a warranty and other products are added to the back. I confront the SM and he says he'd look into it. That was 2 weeks ago and nothing transpired. Business as usual..no explanation. I confront the GM and he does the same thing: turns a deaf ear to me.

    But wait, it gets better. Gross profit is not calculated until Service performs a PDI which is the Pre-delivery inspection

    Back story: Our Service department has a history of overcharging the Sales department for the PDIs. They have routinely been caught "mistakenly" padding the repair orders with additional and unnecessary repairs so their department can make more money.

    Our Service Manager is required to submit the completed PDI forms to the Sales Manager who is supposed to give them to each salesmen with his paycheck. I've been with this dealer 3 months and have never received a PDI form attached to any of my paychecks. We don't get any type of wash out sheet or commission slip or any paper trail for each deal. All we get is a basic paycheck stub showing taxes withheld and other deductions.

    I've asked the GM for detailed reports of how my pay is calculated but he tells me "it's a very complicated process and to not worry."

    I have proof that F&I is stealing from the sales team and if I could ever get a copy of a PDI sheet, I'm sure I'd see that Service is screwing us too. I know the Sales, Finance and Service Managers all receive hefty bonuses based off performance/penetration but I have 2 kids at home to feed and this is my money.

    I'm getting ready to file a complaint with the National Labor Relations Board. Do I have a case?
  • PROTECTED ACTIVITIES. I filed an EEOC, DOL, NLRB and UNION

    PROTECTED ACTIVITIES.
    I filed an EEOC, DOL, NLRB and UNION grievances against my employer.
    My employer was notified. She called me threatening to counter sue me for defamation and now she is not going to be nice.
    1) IS THIS RETALIATION?
    2) AM I COVERED UNDER ANY PROTECTED CATAGORY?
    3) HOW CAN I BE SUED?
    ARE ANY OF THE EEOC, NLRB, LABOR BOARD OR UNION GREIVANCES NOT PROTECTED?
    Thanks,
    I was fired while persuing my union seniority which my employer told me seniority was done my department and job title when it is not. Its union CBA.
    I asked for ADA. My employer is causing me to be sympathetic from previous cancer related issues.
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  • What defense or case law supports a Unions decision to continue

    What defense or case law supports a Union's decision to continue to collect union dues after a succefssful deauthorization NLRB election? The members didnt follow the guidelines for rescinding the dues. Also I thought that the deauthorization lifted the Union's right to requires dues no wet thus making them not madatory, opposed to just stopping all at once.
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