The National Labor Relations Act -- also called the Wagner Act -- was enacted in 1935 to protect the rights of both union and nonunion workers in the private sector. Employees in the public sector have similar rights under laws applicable to federal government employees. However, when an employee reports unfair labor practices to the labor board, it means she is going to the National Labor Relations Board, the federal agency that enforces the NLRA. Employers who report unfair labor practices to the board must do so within six months of the employer's alleged violations.


As a private sector employee, you have the right to act collectively with your co-workers to address working conditions that you're dissatisfied with, such as pay, benefits, hours, safety and disciplinary processes. As a group, you can lobby for better working conditions or you can seek the assistance of a labor union to represent you. Either way, you're protected by the National Labor Relations Act, or the Wagner Act, a law passed in 1935 to ensure workers the freedom to act together as a group or to have a labor union represent their interests. The act protects your rights to work in a collective manner, but the law also protects your right not to be a part of any employee activity to seek representation. In other words, you can act collectively or not act collectively, whether you're a union member or not, and the NLRA protects your rights.


Before you file a complaint with the National Labor Relations Board, or the labor board as it's called, get a clear understanding of your rights by reading the NLRA. You can find the NLRA on the labor board's website or you can contact the labor board's office closest to where you work or live. When you file a complaint, the employer's actions that you're complaining about are referred to as "unfair labor practices," or ULPs. As you study the NLRA, draft a list of specific incidents where you believe your employer denied your rights. For example, if your employer discovered that a labor union representative was holding meetings at the local watering hole after work and your boss threatened to fire you if you attended any of the meetings, that's a clear indication that your employer may have engaged in an unfair labor practice.

Form 501

You need to summarize the incidents that you're complaining about on the NLRB Form 501, titled "Charge Against Employer." Before you complete the form, review it carefully to ensure you have all the information you need, such as the proper name of the entity you work for, its primary line of business and the number of employees. Also, read the act carefully and note the sections that you believe your employer violated and calculate the dates on which you believe your employer violated your rights. If it's been more than six months, the NLRB considers that untimely. For example, if your boss threatened to fire you because you attended an informational meeting about joining a labor union, look at Section 8(a)(3), which says an employer can't discriminate concerning the hiring or continued tenure of an employee in discouraging the employee from joining a labor organization. On the form, include a brief statement concerning your issues; you needn't provide an extensive list of details and circumstances. Just provide basic information -- the form has limited space.


If you're uncertain if you completed the Form 501 properly, feel free to contact the NLRB office. They have information officers whose main job duties are to assist workers with filing a ULP charge. They can give you instructions on how and where to file your charge and some may even confirm that you're citing the proper section of the NLRA. However, the information officer -- nor any member of the National Labor Relations Board -- can represent your interests. The board employees investigate charges, but they don't represent individual employees. The information officer will give you the proper office location to which you need to send your completed form.


It's up to the employee who files the charge to ensure that the employer gets a copy of it. Follow the instructions for the Form 501 -- you're required to file a copy of the charge with the appropriate NLRB office. However, you're responsible for sending a copy to the employer.

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