Union Organizing and Collective Bargaining
1935
NLRA Enacted
Wagner Act established labor rights
30%
Showing of Interest
Petition threshold for election
4
Employer ULPs
TIPS = Threaten Interrogate Promise Surveil
Section 7 Rights
The National Labor Relations Act guarantees employees the right to organize, form or join unions, bargain collectively through representatives of their choosing, and engage in concerted activity for mutual aid or protection. These rights exist whether or not a union is present.
Weingarten rights apply ONLY in unionized workplaces. A union employee facing an investigatory interview that could result in discipline may request a union representative be present. The employer must either grant the request, discontinue the interview, or offer to proceed without questioning.
The TIPS Acronym
employers violate the NLRA when they do any of theseT
Threaten
job loss, plant closure, pay cuts
I
Interrogate
ask about union sympathies or meetings
P
Promise
raises or perks to discourage organizing
S
Surveil
monitor union meetings or activities
Bargaining Subjects
Mandatory
Wages, hours, working conditions, benefits, grievance procedures. Both sides MUST bargain. Can insist to impasse.
Permissive
Management rights, internal union affairs, benefits for retirees. Can discuss but cannot insist to impasse.
Illegal
Closed shop agreements, hot cargo clauses, discriminatory terms. Cannot be included in any contract.
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Scenario questions on TIPS, Weingarten, and bargaining subjects with instant feedback
Practice NLRA QuestionsExam Traps
Employers can express opinions but cannot threaten
An employer may share views about unionization under free speech protections. But the moment the message contains threats, interrogation, promises of benefit, or surveillance of union activity, it becomes an unfair labor practice. The line between opinion and coercion is exactly what the exam tests.
Weingarten rights apply ONLY in union workplaces
An employee in a unionized workplace has the right to request a union representative during an investigatory interview that could lead to discipline. Non-union employees do NOT have this right under federal law. The exam will present a non-union scenario to see if you apply Weingarten incorrectly.
Management rights are permissive, wages and hours are mandatory
The employer must bargain over wages, hours, and working conditions (mandatory subjects). Management rights such as business direction and product lines are permissive subjects. Neither side can insist to impasse on a permissive subject. Illegal subjects (closed shop agreements) cannot be bargained at all.
TIPS Violations
Threaten. Interrogate. Promise. Surveil. If the employer does any of these during an organizing campaign, it is an unfair labor practice.
Section 7 Rights
Organize. Bargain collectively. Engage in concerted activity. These are protected whether or not a union exists.
Workers are homeowners in a neighborhood. The employer is the developer who built the houses and manages the community. Workers can choose to form a homeowners association (the union) to negotiate rules collectively.
At least 30% of homeowners must sign a petition saying they want an HOA. If 50%+ sign authorization cards, the developer can recognize the HOA voluntarily. Otherwise, an election is held.
Once the HOA exists, the developer MUST negotiate with it on certain topics (mandatory subjects like maintenance fees and common area rules). The developer cannot refuse to talk. But the developer does not have to agree to every demand.
The developer cannot threaten to tear down the neighborhood, spy on HOA meetings, promise special perks to discourage joining, or interrogate homeowners about their HOA activities. That is TIPS.
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