What is a Union
A labor union is a group of two or more employees who join together to advance common interests such as wages, benefits, schedules and other employment terms and conditions. Joining together – or “acting collectively” – workers represented by unions have a powerful voice that strengthens their ability to negotiate with their employer about their concerns. Higher wages, health insurance, vacation days, paid sick leave and retirement benefits are a few examples of what workers achieve through their unions. Workers may also pursue other enhancements – such as flexible scheduling, protections against harassment and safer working conditions – that improve the quality of jobs and workers’ well-being.
Unions are membership-driven, democratic organizations governed by laws that require financial transparency and integrity, fair elections and other democratic standards, and fair representation of all workers.
Collective Bargaining
Collective bargaining is the mechanism or process for an organized group of workers (“labor”) and their employer (“management”) to pursue mutual agreement over workplace issues. The results of these labor-management negotiations are contained in a collective bargaining agreement (CBA). The CBA is a legally enforceable, written contract between a union representing a group of employees (“bargaining unit”) and their employer.
The Federal Mediation and Conciliation Service provides training, mediation and facilitation at no cost to the parties to support collective bargaining and to help the parties reach an agreement. In addition, the Federal Labor Relations Authority helps to resolve disputes between labor and management in the federal sector.
Learn more about Collective Bargaining Mediation
Workers have the right to join with coworkers
The National Labor Relations Act (NLRA) protects the rights of most private-sector employees to organize; participate in group efforts to improve their wages and working conditions; determine whether to have a union as their bargaining representative; engage in collective bargaining; and/or to refrain from any of these activities. The law protects the rights of workers to act together to address workplace conditions, with or without a union. By law, employers cannot fire, discipline, demote or penalize workers in any way for engaging in these activities.
Workers seeking to form a union at their workplace should talk to their co-workers to build support around issues they are facing. Often workers do this through forming an organizing committee. Workers can contact an established union for support and guidance, or they may seek to organize their own independent union.
Learn more from this flyer by the National Labor Relations Board (NLRB)
Other federal and state agencies protect these rights for railroad and airline workers, federal employees, and some state and local public employees:
Employers must allow workers to exercise their organizing rights
It is important for employers to understand their obligations and responsibilities under the National Labor Relations Act (NLRA). The preamble to the NLRA establishes that it is the policy of the U.S. government to encourage the practice and procedure of collective bargaining. Consistent with that policy, Section 7 of the NLRA gives employees certain rights, and under Section 8(a), it is an unfair labor practice for an employer to interfere with those rights.
For example, employers may not interfere with employees or take adverse action against them when they try to exercise any of their rights under the NLRA, including engaging in group action to address their working conditions or trying to form a union. Once employees have unionized, employers must bargain with the union in good faith about terms and conditions of employment.
The NLRA is enforced by the National Labor Relations Board (NLRB), an independent agency headquartered in Washington D.C., with 48 regional offices throughout the United States.
Please keep in mind that the information contained here may be subject to unstated exceptions, qualifications, and limitations. Employers may also be subject to prohibitions under the NLRA that are not set forth here.
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Workers
Federal law protects your right to act together with other employees to address conditions at work, with or without a union. Workers covered by the National Labor Relations Act (NLRA) have the right to form, join, or assist a labor organization for collective bargaining purposes or work together with coworkers to improve terms and conditions of employment.
You have the same rights as all covered employees under the NLRA regardless of your immigration status.
Generally, anti-retaliation regulations prohibit retaliation, harassment, intimidation, or the taking of adverse action against employees.
You have the right to join or not join with coworkers to improve your working conditions.
Federal law protects your right to decline to participate in union organizing or joint activities, and to campaign against a union during an organizing campaign. You have a right to be represented by your union fairly, in good faith, and without discrimination.
Workers seeking to form a union at their workplace should talk to their co-workers to build support about issues they are facing. Often workers do this through forming an organizing committee. Workers can contact an established union for support and guidance or they may seek to organize their own independent union.
It is illegal for your employer to retaliate against you for filing charges or participating in an NLRB investigation or proceeding.
Additionally, you may not be discharged or otherwise discriminated against because your employer suspects or believes, correctly or not, that you filed or were about to file a charge.
If an employer is interfering with your right to form, join or assist a union, you can file an unfair labor practice charge with the NLRB.
You have the right to join with coworkers to address conditions at work. For example, employees have a right to address work-related issues and share information about pay, benefits, and working conditions with coworkers on social media platforms like Facebook, X, YouTube, and others.
You can’t be fired, disciplined, demoted, or penalized in any way for engaging in these activities.
The Federal Mediation and Conciliation Service is available to provide training, mediation, and facilitation to support the collective bargaining process and prevent, manage, or resolve labor disputes.
If you have a union, you may be able to obtain some training, mediation, and facilitation resources at no cost, if you and your coworkers are having trouble getting to an agreement with your employer.
Learn more about dealing with trouble getting to an agreement with your employer
Most workers across many industries and occupations – teachers, nurses, graduate student employees, service and retail workers, professionals, construction and manufacturing workers, and more — are eligible to form and join unions.
In very general terms, non-managerial employees who work for private-sector employers, including airlines and railways, and those employed by the federal government, and by state, county and local governments in many – but not all – states, may form and join labor unions.
Employers
The National Labor Relations Board’s (NLRB) jurisdiction is limited to most private-sector employers and the U.S. Postal Service; other than Postal Service employees, it has no authority over labor relations disputes involving governmental, railroad and airline employers covered by the Railway Labor Act, or employees that fall into agricultural and domestic worker exceptions.
Most employees who are not represented by a union also have rights under the NLRA.
Learn more about the NLRA applying to your business and employees
1. What types of conduct are considered protected concerted activity under the NLRA?
2. May I enforce rules to protect what I consider to be confidential or proprietary information?
3. May I communicate with my employees if they are organizing for union representation?
4. May I take action against an employee who has filed a charge with the National Labor Relations Board (NLRB) or who has cooperated with the NLRB in an investigation or trial?
May I support or assist a particular union?
How are unions recognized or certified?
What if my unionized employees tell me they no longer wish to be represented by the union?
What obligations do I have to bargain with a union that I have voluntarily recognized or that has been certified to represent my employees?
May I enter an agreement with the union requiring employees to join the union?
May I enter an agreement with the union to collect employees’ union dues?
General Inquiries:1-844-762-NLRB (1-844-762-6572)
Spanish language option available.
Callers who are deaf or hard of hearing who wish to speak to an NLRB representative should send an email to relay.service@nlrb.gov. An NLRB representative will email the requestor with instructions on how to schedule a relay service call.