The National Labor Relations Act of 1935 (NLRA) was passed to guarantee employees the right to join labor unions and to have the unions negotiate the terms of their employment with their employers. Prior to the passage of the NLRA, employees seeking to organize labor unions were often criminally prosecuted.

Employer Domination of Labor Unions Prohibited

In addition to guaranteeing rights to employees, the NLRA prohibits certain activities by employers and unions. Included in these so-called unfair labor practices is employer domination of labor unions. This prohibition prevents employers from creating their own labor organizations to thwart true union activity.

Under the NLRA, an employer may not interfere with a union's formation or assist or support its operation. If the employer violates this prohibition, the National Labor Relations Board (NLRB) must determine whether the violation has resulted in the employer actually dominating the union. If domination is found, the NLRB will actually disestablish the organization. If a lesser form of interference is found, the NLRB will order the employer to stop its illegal activity.

Employer Interference with Formation of Union

Domination is found when an employer has interfered with the formation of the union to such an extent that it must be looked at as the employer's organization instead of as the worker's true bargaining representative.

Examples of employer activities that may constitute domination or illegal support or assistance of a labor union include:

1. Actively organizing a union or other labor organization to represent its employees,
2. Pressuring employees to give money to the union,
3. Allowing one proposed union to work with employees during working hours, but denying that same right to a competing union, and
4. Asking employees and applicants to fill out applications for union membership and requiring them to sign authorizations for the check-off of union dues.

Labor Organizations

Groups that do not resemble typical labor unions may be considered "labor organizations" under the NLRA. If a group exists to deal with employees concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment, it qualifies as a labor organization. An employer may not dominate any committee or group that qualifies as a labor organization under the NLRA. Thus, even seemingly informal committees may be dominated by an employer.

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