Federal law protects workers’ rights to band together to try to improve their working conditions, even if they’re not in a union.
But these rights are violated all too often. Research suggests that as much as half of the US workforce have been “discouraged or prohibited” from discussing pay with colleagues. Low-income and non-white workers with less education are least likely to feel comfortable discussing workplace conditions with their colleagues, making enforcement of these rights even more critical.
NIWR’s Approach to NLRA Advocacy
At NIWR, we believe in empowering workers to understand and exercise their rights under the National Labor Relations Act (NLRA). We’re working on multiple fronts to strengthen worker protections and hold employers accountable for violations.
Worker Education & Resources
Collaboration with Emergency Workplace Organizing Committee (EWOC)
NIWR has partnered with the Emergency Workplace Organizing Committee to create accessible resources that help workers understand their right to band together and try to improve working conditions.
The NIWR and EWOC fact sheet was featured during an Instagram Live educational event hosted by EWOC, expanding our reach to workers seeking to understand their Section 7 rights.
Research & Analysis
Understanding Enforcement Gaps
Our research report, “The Right to Talk to Co-Workers and Management About Working Conditions: A Study of Enforcement at the NLRB“, analyzed all decisions issued by administrative law judges between 2015 and 2020 on “concerted-activity” retaliation complaints brought by individual workers to the NLRB. These were complaints brought by workers who lacked union representation, where the worker says that they tried to band together to improve working conditions but faced retaliation by their employer.
In a 2024 Slate essay, NIWR Director Jason Solomon and Paul H. Tobias Attorney Fellow Erica Posey drew on the study’s findings to show why this right is so essential, using SpaceX’s alleged retaliation—the focus of an NLRB complaint—as a clear example of the real‑world consequences when employers violate it.
Resources
Challenging Employer Violations
Strategic Enforcement Actions
NIWR has taken direct action to protect workers’ rights to engage in concerted activity by filing an unfair labor practice charge with the National Labor Relations Board. Our NLRB charge against Skadden, Arps, Slate, Meagher & Flom LLP argues that the firm violated Section 7 of the National Labor Relations Act by shutting down email distribution lists after associates used them to discuss workplace issues, including the firm’s pro bono work decisions and changes to diversity, equity, and inclusion initiatives.
Our NLRA enforcement work garnered attention from major legal and business publications:
- Bloomberg Law: Skadden to Face NLRB Probe of Email Policy Following Trump Deal
- Reuters: Skadden Accused of Blocking Lawyers Discussing Firm’s Deal with Trump
Going Forward
As workplaces evolve and new challenges emerge, NIWR continues to advocate for robust enforcement of workers’ rights to band together. Through research, education, and strategic legal action, we’re working to ensure that all workers can exercise their fundamental right to organize and advocate for better working conditions.
