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Union Organizing and §8(a)(1)

Learn how employees may exercise their organizational rights in the workplace and the range of permissible employer responses.


Under NLRA § 8(a)(1), it’s an unfair labor practice for employers to “interfere with, restrain, or coerce employees” in exercising their § 7 rights. Those rights include the right to organize and to form, join, or assist labor unions. A § 8(a)(1) violation doesn’t require proof of antiunion bias. 29 U.S.C. § 158(a)(1).

Generally, employers may not maintain policies or rules that restrict employees’ § 7 rights. However, § 7 rights aren’t absolute and must be balanced with the employer’s...