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United States Department of Labor

Respecting workers’ right to organize: 

an employer’s guide

The National Labor Relations Act (NLRA) grants most private sector employees the right to form 

or join unions and prohibits employers from interfering with their right to organize and bargain 

collectively. If you’re an employer, here’s what to know.

What does the federal law say about employees unionizing?

The NLRA is a federal law giving most private sector employees the right to form or join unions; engage in 

protected, concerted activities to address or improve working conditions (like protesting low pay, unsafe 

working conditions, or discrimination); and refrain from engaging in these activities. The NLRA covers most 

private sector employees and United States Postal Service employees, but it does not cover other government 

employees, agricultural laborers, most domestic workers, independent contractors, or supervisors (although 

supervisors that have been discriminated against for refusing to violate the NLRA may be covered).). The NLRA 

also does not cover workers in the railroad and airline industries who are covered by the Railway Labor Act.

What is neutrality?

Neutrality means the employer stays neutral when its workers organize and takes no position—for or against—

worker organizing.

Why should I consider neutrality?

Beyond meeting legal obligations and respecting workers’ wishes, studies show that unionized workplaces 

help build strong businesses. By fostering worker buy-in and collective voice, research shows that these 

workplaces are associated with:

• Better safety records

• Higher productivity

• Higher rates of worker retention—especially vital in the competition for talent during this period of 

historically low unemployment. 

What is voluntary recognition?

Voluntary recognition is a way of respecting your employees’ choice to form a union and have collective 

bargaining representation based on a showing of majority support and without a formal election. While 

employers are generally not required to provide this recognition, a growing number of businesses are doing so. 

Voluntarily recognizing a union starts the collective bargaining relationship on a positive note. It streamlines 

the process for beginning negotiations on wages, hours, and other terms and conditions of employment.
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Here is how it works: 

• A majority of workers sign cards or other statements supporting representation by a union, and workers ask 

their employer to recognize the union without a formal election based on this majority support. 

» The Federal Mediation and Conciliation Service (FMCS) offers majority sign up/card check recognition 

services to employers and unions at no cost.

• You say “Yes” and begin bargaining.

What are other ways I can respect workers’ right to organize?

• Pledge to allow union organizers access to appropriate onsite, non-work spaces, such as lunch rooms.

• If you’re in construction, negotiate a pre-hire agreement or a Project Labor Agreement, a special type of 

collective bargaining agreement applying to construction activity.

• Make sure your employees are aware of their rights to organize and bargain collectively – for example, by 

circulating the poster developed under E.O. 13496.

Where can I find more resources? 

You can learn more about the NLRA and how to comply with its requirements at the National Labor Relations Board

website, employer.gov, the Worker Organizing Resource and Knowledge Center, and the Small Business Administration 

website. In addition, the Federal Mediation and Conciliation Service provides support to employers and unions 

bargaining an initial contract.