Labor Relations Lawyer
If you’re having a dispute with your employer regarding labor practices, you may need to file a claim and remedy the situation. Consult a labor relations attorney for help with the claims process.
As a private sector employee, you have certain rights in the workplace, and it’s important that your employer treat you with the respect you deserve. Employees often form labor unions to protect their rights and further their interests at work. Whether you’re an individual employee or part of a labor union, you can discuss any issues you have with your employer and try to seek a remedy.
When your employer has no interest in remedying your situation, you may need to file a claim for unfair or unlawful labor practices. A labor relations lawyer from Snider & Associates, LLC can assess your situation and guide you through the claims process.
Laws Involving Labor Relations
The National Labor Relations Act (NLRA) protects the rights of employees and employers. The act encourages collective bargaining, allows employees to create and join labor unions, and allows the engagement in activities that work to address or improve working conditions.
The NLRA only applies to private sector employees and doesn’t apply to federal, state, or local governments. It also doesn’t apply to employers who only employ agricultural workers and employers subject to the Railway Labor Act.
The Federal Service Labor-Management Relations Statute (FSLMRS) applies to most federal employees and gives these employees collective bargaining rights. This statute was established under Title VII of the Civil Service Reform Act of 1978.
Identifying Unlawful Labor Practices by Employers
Employers should be aware of both the NLRA and the FSLMRS. If an employer interferes with, restrains, or coerces an employee when the employee tries to exercise their rights of collective bargaining or unionizing, then the employer is committing an unlawful labor practice.
An employer can’t encourage or discourage an employee to take part in a labor organization by using promotion, tenure, or hiring as an incentive. It’s also unlawful for an employer to refuse to consult in good faith with a labor organization.
How to File a Claim for Unlawful Labor Practices
The National Labor Relations Board (NLRB) and the Federal Labor Relations Authority (FLRA) enforce federal and private sector labor laws. Where you work will determine which laws protect you and where you should file your claim. You can file with both agencies online. Once you file your claim, an agent will reach out to begin a formal investigation.
The agency will decide whether your employer has taken part in unlawful labor practices and either issue a complaint, dismiss the charge, or provide a remedy for the situation. If you aren’t happy with the agency’s decision, you can request an appeal.
Issues Not Associated with the NLRB or the FLRA
The NLRB and the FLRA are government agencies specifically focused on labor relations. If your employer has mistreated you in some other way, there’s likely another agency that can appropriately handle your case.
For example, the Equal Employment Opportunity Commission handles cases involving discrimination based on race, ethnicity, religion, age, gender, national origin, or sexual orientation. The Occupational Safety and Health Administration handles cases involving health and safety. The Department of Labor’s Wage and Hour Division handles unpaid wages, unpaid overtime, and unpaid family and medical leave cases.
Other agencies that may be helpful include the Department of Labor’s Office of Labor-Management Standards, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the National Mediation Board. The National Mediation Board enforces collective bargaining and labor unionizing rights for airline and railway employees.
Reach Out to a Labor Relations Attorney
As an employee, you deserve equal and fair treatment in your place of work. If your employer isn’t providing you the opportunity to negotiate and discuss your working conditions, then they’re breaking the law and should be held accountable for their actions.
Although you may not receive all the conditions you ask for with collective bargaining, it’s important that you have the opportunity to come together with your coworkers, discuss the treatment you’re receiving, and bring your ideas to your boss. The NLRA and the FSLMRS make this opportunity possible.
You should speak up if you feel you’ve been coerced or denied the right to unionize or collectively bargain. A labor relations lawyer from Snider & Associates, LLC can assist you in your fight for justice. To speak with an experienced attorney from our team, call 410-653-9060 or fill out the contact form below to schedule a consultation.