If you have employees in the U.S., you need to know about the National Labor Relations Board (NLRB). This independent federal agency enforces the National Labor Relations Act (NLRA)—the law that gives employees the right to form unions, bargain collectively, and engage in “concerted activities” for better working conditions.
Even if your business isn’t unionized, the NLRB can still affect you. Many employers are surprised to learn that disciplining workers for things like talking about pay or posting online about workplace issues may fall under NLRB protection.
What the NLRB does
The NLRB is responsible for interpreting and enforcing the NLRA. Its key functions include:
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Investigating unfair labor practice charges filed against employers or unions
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Overseeing union elections to ensure they’re fair and free of coercion
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Resolving disputes between unions, employers, and employees over bargaining obligations
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Issuing decisions that interpret labor law and set nationwide precedent
The NLRB’s authority extends to most private-sector workplaces, including retail, healthcare, hospitality, manufacturing, and construction. Government employees, agricultural workers, and independent contractors are generally excluded.
Why the NLRB matters to employers
The NLRB has real power to shape your workplace policies and practices. It can:
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Order employers to reinstate workers who were unlawfully terminated
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Require back pay for employees harmed by unfair labor practices
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Invalidate workplace policies that unlawfully restrict employee rights
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Oversee binding union elections and certification processes
In short, the NLRB enforces the rules of the game when it comes to labor relations.
Common employer mistakes
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Restricting pay discussions: Employees have the right to talk about wages and conditions.
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Overly broad policies: Rules like “no negative comments about the company” may violate the NLRA.
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Retaliating against organizing activity: Demotions, firings, or threats tied to union activity are unlawful.
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Ignoring bargaining obligations: Once a union is certified, employers must bargain in good faith.
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Misclassifying workers: Treating employees as independent contractors can strip them of NLRA rights.
How to stay compliant
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Review your handbook and policies – Make sure they don’t infringe on NLRA rights.
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Train managers – Supervisors should understand what they can and cannot say about unions or employee activity.
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Document legitimate discipline – If you take action against an employee, ensure it’s based on clear performance issues, not protected activity.
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Stay neutral in union matters – You can share facts and opinions but must avoid threats or promises.
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Communicate openly – Many union drives start when employees feel ignored. Open dialogue reduces that risk.
How Kubera HR Solutions can help
At Kubera HR Solutions, we help businesses audit workplace policies and train managers to ensure compliance with NLRB rules. Whether you have a unionized workforce or not, our team can help you avoid costly mistakes and create a workplace that respects employee rights while protecting your business.