National Labor Relations Act

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss provisions of the National Labor Relations Act. * * * First, section 8(a)(1) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed [under section 7 of the (National Labor Relations Act)]." 29 U.S.C. § 158(a)(1). Section 7, in turn, provides that "[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." 29 U.S.C. § 157. * * * Second, section 8(a)(3) "makes it an unfair labor practice for an employer to discriminate against employees 'in regard to hire or tenure of employment or any term or condition of employment to . . . discourage membership in any labor organization.'" Teamsters Local Union No. 171 v. NLRB, 863 F.2d 946, 955 (D.C. Cir. 1988) (quoting 29 U.S.C. § 158(a)(3)). * * * Third, section 8(a)(4) makes it an unfair labor practice for an employer "to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under [the National Labor Relations Act]." 29 U.S.C. § 158(a)(4). * * * And, finally, section 8(a)(5) makes it an unfair labor practice for an employer "to refuse to bargain collectively with the representatives of his employees." 29 U.S.C. § 158(a)(5). * * * Murray American Energy, Inc. v. National Labor Relations Board, (DC Cir. 2019)