The Labor Management Relations Act (LMRA)

The U.S. Congress passed The Labor Management Relations Act (LMRA), popularly known as the Taft-Hartley Act, in 1947. The LMRA amended the National Labor Relations Act (NLRA) to codify in federal law similar restrictions to labor unions against unfair labor practices that apply to employers.

This page gives a broad overview of the LMRA. Because labor laws are complex, we suggest consulting an employment law attorney in a city near you to give you the best advice about your unique circumstances.

What Is the National Labor Relations Act?

The National Labor Relations Act of 1935, also known as the Wagner Act, encouraged collective bargaining between employers and employees. Its goal is to provide employees with the ability to improve their working conditions. For instance, by establishing rules for layoffs and making it illegal for employers to discriminate against union employees because of their union (or other labor organization) membership or activities.

The NLRA additionally protects employees who are not affiliated with a union but engage in activities to improve the terms and conditions of employment for all employees.

What Is the Labor Management Relations Act?

In essence, the LMRA applied to unions the same anti-coercion rules the NLRA applied to employers by protecting employees’ freedom not to join or support a union. It also allowed states to enact right-to-work state laws that guarantee no person can be required to join or pay union dues (known as “union shop” provisions). The LMRA imposed on unions the duty to represent the employees of their bargaining unit fairly.

The LMRA prohibits unions from engaging in unfair labor practices such as the following:

• Coercing employees to join
• Failing to negotiate a collective bargaining agreement in good faith
• Forcing employers to pay for work not performed
• Secondary and mass picketing
• Engaging in “secondary boycotts” by coercing other employers to stop doing business with an employer involved in a labor dispute

In addition, the LMRA also prohibits federal employees from striking, allows the president to intervene in a strike that creates a national emergency, and requires the National Labor Relations Board (NLRB) to hold a secret ballot election when an employer will not voluntarily recognize a union.

What Employers Does The Labor Management Relations Act Cover?

Generally, the LMRA applies to private sector employers such as retailers, private universities, and health care facilities. It does not cover the federal, state, and local governments, employers who employ only agricultural laborers, and employers subject to the Railway Labor Act (airlines and interstate railroads).

What Employees Does The Labor Management Relations Act Cover?

The LMRA covers most private sector employees, including professional employees. It does not protect federal, state, and local government employees, agricultural laborers, independent contractors, and supervisory and management employees.

What Is the National Labor Relations Board?

The NLRB is an independent federal government agency tasked with safeguarding employees’ rights to organize and to determine whether to have a union as their bargaining representative.

The NLRB is responsible for conducting the election to determine if a union will represent the workforce and certifying the union as the employees’ bargaining representative. The NLRB has to enforce its labor decisions through the federal court system. The federal courts have broad discretion to interpret the NLRA and LMRA.

What Is the Federal Mediation and Conciliation Service?

The Federal Mediation and Conciliation Service (FMCS) is a U.S. federal government agency responsible for promoting stable labor-management relationships through the resolution of labor disputes. The FMCS’ goal is to minimize or eliminate strikes, lockouts, and other work stoppages by assisting labor and management in resolving disputes through arbitration and mediation.

Protect Your Rights With a Lawyer’s Help

Together, the NLRA and LMRA protect the following employee rights:

• Forming, or attempting to start, a union in your workplace
• Joining a union, even if your employer does not recognize it
• Refusing to join a union or pay union dues
• Assisting a union in organizing your fellow employees
• Refusing to aid a union in organizing
• To be fairly represented by a union

It can be challenging to decipher the complexities of state and federal labor laws. If you think your employer or a union is violating your rights, try talking to an employment law attorney about your case.