I was threatened or treated unfairly after criticizing or not supporting my union. I was told I would lose my job or be demoted if I didn’t support the union.
You have the right to join or not join with coworkers to improve your working conditions.
Federal law protects your right to act together with other employees to address conditions at work. You have the right to form, join, or assist a labor organization for collective bargaining purposes and to work together with coworkers to improve terms and conditions of employment.
You have a right to participate or not participate in any of these activities. 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 not be restrained or coerced by employers or labor organizations in exercising these rights. You can’t be fired, disciplined, demoted, or penalized in any way for engaging or not engaging in these activities, or for filing a National Labor Relations Board (NLRB) charge against an employer or union.
Retaliation after filing a charge against your union
You have a right to be represented by your union fairly, in good faith, and without discrimination. This duty applies to virtually every action that a union may take in dealing with an employer as your representative. For example, a union that represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union.
American Job Centers (AJCs) provide free help to job seekers for a variety of career and employment-related needs. Nearly 2,300 AJCs, funded by the U.S. Department of Labor’s Employment and Training Administration, are located throughout the United States.
File a complaint with the National Labor Relations Board (NLRB)
Additional Resources
Questions? We’re here to help
The National Labor Relations Board (NLRB) is a federal agency that protects your right to join together with other employees to improve your wages and working conditions, with or without the help of a union. For assistance, please call:
1-844-762-NLRB (1-844-762-6572)
Spanish assistance is 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.
You have the same rights as all covered employees under the National Labor Relations Act (NLRA) regardless of your immigration status, including protection against retaliation. If you have filed a charge or are a witness and you or your representative tells us that there is NLRA protected activity at a worksite and immigration relief is necessary to protect employees who are exercising those rights or participating in the National Labor Relations Board (NLRB) process, the NLRB will consider seeking immigration relief for employees at that worksite including deferred action, parole, U or T visa status, or other relief as available and appropriate.
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.