The National Labor Relations Act (NLRA) is a federal law that safeguards the right of employees to organize into labor unions. As a federal statute, the NLRA applies to workers in all U.S. States, including Missouri. In addition to protecting employee rights, the NLRA also prohibits employer retaliation for certain types of union activities. Given the federal nature of the NLRA, coupled with the balance of power considerations between employers and unions, the rules against retaliation are different from other state laws.
HKM Employment Attorneys LLP in St. Louis, Missouri, has built an established reputation protecting employee rights concerning the ability to associate with and organize into labor unions. A national law firm with a local emphasis on client representation, HKM Employment Attorneys assists all types of employees fight for their rights against all types of employers. If you are an employee with legal questions about employer retaliation in the face of union organization, know that you can contact us for assistance with your case.
Reputable Lawyers Emphasize Protected Activities for Union Employees
Under the NLRA, employers are not allowed to retaliate against employees for associating with or organizing into labor unions. When employees decide to join a union or support union activities, employers are prohibited from:
- Discharging the employees without valid cause;
- Discriminating against employees without a valid business purpose;
- Shutting down a corporate location to dissuade union organization;
- Reassigning work duties to other, non-union employees;
- Declining to hire unionized or pro-union employees;
- Preventing or delaying union employees from returning to work after a strike;
- Provide benefits to some employees, but not unionized employees; or
- Hire new permanent employees to replace locked-out, unionized employees.
Although the list above is instructive, it is not meant to be exclusive. In situations where employees are unsure about their legal right to organize, it can be highly practical to retain the services of a knowledgeable Missouri employment attorney.
Delivering Advice on Improper Employer Retaliation for Union Activities
Under NLRA regulations, employers are allowed to engage in certain defensive actions against unions. This is a balance of power consideration, ensuring that both employers and unions have bargaining power at the negotiating table. In response to union activities – such as an employee strike – employers are allowed to:
- Lock out employees from the workplace;
- Employ temporary workers to continue business operations;
- Discipline or terminate employees who use threats, force or coercion as a tactic;
- Terminate employees who strike in an unprotected or prohibited way; or
- Decide to shut down the entire business and cease operations.
Speak with a Missouri Retaliation Attorney Today for Legal Help
For employees who suffer from retaliatory actions for associating with or organizing into a labor union, HKM Employment Attorneys is available to help defend your rights and secure your rightful, legal benefits. With a national reach and time-tested experience, HKM Employment Attorneys knows how to negotiate favorable outcomes with all categories of employers. If you need legal assistance, know that you can contact us for help today.