Compare workplace practices with employees' organising rights

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List each practice described in the file beside section 7 of the National Labor Relations Act and sections 8(a)(1) and 8(a)(2). Record where the file does not say whether the person is an employee. Do not decide that a practice is unlawful, and do not write a charge.

What the lawyer must review

You decide whether a practice is an unfair labor practice. Section 7 (29 U.S.C. § 157) gives employees the right to self-organisation, to form, join, or assist labor organisations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid or protection, and the right to refrain from those activities except as affected by an agreement requiring membership as authorised in section 8(a)(3). Section 8(a)(1) (29 U.S.C. § 158(a)(1)) makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights in section 7. Section 8(a)(2) makes it an unfair labor practice to dominate or interfere with the formation or administration of a labor organisation or to contribute financial or other support to it. The same paragraph says an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay, subject to rules published by the Board under section 6. Those rules were not opened. Section 8(c) says expression of any views, argument, or opinion is not an unfair labor practice if it contains no threat of reprisal or force or promise of benefit. The opened sections do not state a paid-time, communication, or site-access catalogue for a workplace delegate. The definition of employee in section 2 was not opened.

Written for / version

United States versionUS