Labor unions officially obtained the right to represent employees under the law when the National Labor Relations Act (NLRA) was passed in 1935. It guarantees basic rights of private sector employees to organize trade unions, engage in collective bargaining, and enjoy other rights including striking if necessary.
The NLRA covers employees who work for employers involved in interstate commerce. The term interstate commerce has been interpreted broadly over the years and basically includes any employer whose business involves more than one state. Today, this number stands at 14.1 million employees who are union members.
When the NLRA was passed by Congress, the National Labor Relations Board (NLRB) was also created. The NLRB has two basic functions: 1) overseeing employees decision making process of whether to be represented by a labor organization and; 2) prosecuting NLRA violations. Essentially, the NLRB's job is to police the relationships between employees, their unions and their employers and ensure the NLRA is enforced.