Right to Organize and Union Rights
About this article
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The National Labor Relations Act — the Wagner Act — passed in 1935 in the middle of the Great Depression, when a third of the country was unemployed and labor strikes were tipping into pitched battles. Section 7 of the NLRA gave private-sector workers a guaranteed federal right to form or join a union, organize coworkers, and engage in collective bargaining. It also made it an "unfair labor practice" for an employer to fire, discipline, or threaten an employee for union activity.
Section 7 reaches further than most people realize. Even with no union in sight, you have the right to engage in "concerted activity" — discussing wages with coworkers, signing a petition about working conditions, walking off together over an unsafe shift. These protections kick in the moment two or more employees act together about workplace conditions, union or not.
When does it apply?
NLRA protections apply to:
- Most private-sector employees who want to organize, join a union, or engage in concerted activity
- Non-union employees discussing wages, working conditions, or organizing with coworkers
- Employees who file charges with or participate in NLRB proceedings
The NLRA does NOT cover:
- Government (federal, state, local) employees
- Agricultural workers and domestic workers
- Independent contractors and supervisors
- Railroad and airline workers (covered by the Railway Labor Act instead)
Common misconceptions:
- "I can be fired for talking about unions at work" — Generally no. Employers can restrict union talk during work hours if they do so consistently for all non-work talk, but they cannot ban it entirely or punish you for it.
- "My employer can refuse to negotiate with the union" — Once a union is certified, your employer must bargain in good faith.
- "Only union members have these rights" — All employees (union or not) have the right to engage in concerted activity about working conditions.
What to Do If Your Employer Interferes With Union Activity
Step 1: Talk to your coworkers. Organizing always starts with conversations. You have the right to discuss wages, benefits, and conditions on break, at lunch, on personal phones — and within reason, even at the workstation.
Step 2: Reach out to a union. An organizer from a national union in your industry will give you free guidance, training materials, and legal support. SEIU, UAW, CWA, IBT, IBEW, RWDSU, AFT, AFSCME — pick the right one for your sector.
Step 3: File a ULP if your employer retaliates. An Unfair Labor Practice charge is filed at the NLRB at nlrb.gov or by calling 1-844-762-6572. The deadline is 6 months from the retaliatory act — short, and strictly enforced.
Step 4: Vote when the election is called. A simple majority of eligible employees who actually vote makes the union your bargaining representative. Low turnout, not no votes, is usually what kills campaigns.
What should you NOT do?
Don't stay covert forever. Quiet conversations are fine early on. But you can't win an election without going public at some point — and going public well is what organizers help you do.
Don't use company resources. Company email, printers, conference rooms — using any of these for organizing gives the employer a legitimate, non-retaliatory reason to discipline you. Use personal devices on break time.
Don't miss the 6-month NLRB window. A ULP filed on day 181 is dead, no matter how flagrant the violation.
Don't sign a "yellow-dog contract." An agreement promising you'll never join a union is unenforceable under the NLRA, but employers occasionally still try.
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