Toolkit · Labor and Employment

The Labor Relations and Union Rights Toolkit

29 U.S.C. § 152

Type
Toolkit
Jurisdiction
National
Date
2024-10-25
Topic
Labor and Employment

This toolkit supplies the working documents labor matters actually require. It opens with a coverage screen and a concerted activity worksheet, because those two determinations control everything downstream. It provides an employer conduct log built around the four campaign prohibitions, a Board charge drafting framework keyed to the six-month jurisdictional period, and a set of information request letters for bargaining and grievance handling. Grievance materials include an intake form, a just cause element worksheet applying the standard most arbitrators use, and a past practice evidence sheet. Additional tools cover a Weingarten script, a demand to bargain after a unilateral change, an internal union appeal framework, a strike character analysis, a decertification timing calculator, an employer handbook audit, and a forum deadline tracker mapping every parallel claim. A routing table points to the other UpLaw resources each situation requires.

The Labor Relations and Union Rights Toolkit

Labor and Employment > Labor Relations and Unions | Published 25 October 2024 - Updated 16 August 2026 | UpLaw - uplaw.us

Two determinations control everything: coverage and concert. These documents start there.


Tool 1 — Coverage screen

Question Answer Consequence
Is the worker an "employee" under 29 U.S.C. § 152?
Supervisor? Authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, or responsibly direct, using independent judgment ☐ ⚠ Excluded entirely — title is irrelevant
Independent contractor? ☐ ⚠ No labor rights at all
Managerial or confidential employee? ☐ Excluded — NLRB v. Yeshiva University
Agricultural laborer or domestic worker? ☐ Excluded
Public employee? ☐ State law; Janus v. AFSCME on fees
Rail or air carrier employee? ☐ Railway Labor Act — 45 U.S.C. § 151, 45 U.S.C. § 181
Employer meets Board jurisdictional standards? ☐ Discretionary declination for very small employers

☐ ⭐ Settle coverage before analyzing anything else. See worker classification and assessing and challenging a worker classification.


Tool 2 — Concerted activity worksheet

Question Facts Supports protection?
Who participated, by name?
Was the activity undertaken with or on the authority of other employees? ☐
Was it about terms and conditions of employment? ☐
Was the concern shared, or individual to one employee? ☐
Did an individual invoke a right under a collective agreement? NLRB v. City Disposal Systems ☐
Does it reach beyond the immediate employment relationship? Eastex, Inc. v. NLRB ☐
Any disloyal public disparagement unconnected to a labor dispute? ⚠
Any egregious misconduct during the activity? ⚠
Any unlawful object? ⚠
Evidence of concert preserved? Group email, signature list, texts, witness names ☐

☐ ⭐ Frame it collectively from the start. "Several of us" is protected where "I" frequently is not — and the framing cannot be repaired afterward. 29 U.S.C. § 157.


Tool 3 — Employer conduct log

Fill in the same day, every time. ⭐ This log is the evidence in an election objection or a charge.

Date Time Location Who said or did it Exact words or conduct Witnesses Category
☐ Threat ☐ Interrogation ☐ Promise ☐ Surveillance ☐ Discrimination ☐ Grievance solicitation
☐ Threat ☐ Interrogation ☐ Promise ☐ Surveillance ☐ Discrimination ☐ Grievance solicitation

The four prohibitions, with examples: ☐ Threats — "the plant will close," "you'll lose your benefits," "things will get worse." ☐ Interrogation — "who started this?", "how will you vote?", "who else signed?" ☐ Promises or grants — a raise announced mid-campaign, a longstanding complaint suddenly fixed, a new policy. ☐ Surveillance — watching a meeting, photographing handbilling, or any statement creating the impression of watching.

☐ ⭐ A single supervisor's remark can set aside an election and, in a serious case, support a bargaining order under NLRB v. Gissel Packing Co.. ☐ ⭐ File charges during the campaign, not after. A live charge changes employer behavior; a post-election charge rarely does.


Tool 4 — Unfair labor practice charge framework

CHARGE AGAINST [EMPLOYER / LABOR ORGANIZATION]

  1. Charged party: [full legal name, address, and the correct entity].
  2. Basis of the charge. Within the past six months, the charged party has interfered with, restrained, and coerced employees in the exercise of rights guaranteed by 29 U.S.C. § 157, in violation of 29 U.S.C. § 158, by: a. On or about [date], discharging [name] because [he/she/they] engaged in protected concerted activity, specifically [describe]; b. On or about [date], interrogating employees concerning their union sympathies and activities; c. On or about [date], threatening employees with [consequence] if they engaged in protected activity; d. On or about [date], promising or granting benefits to discourage protected activity; e. On or about [date], creating the impression that employees' protected activities were under surveillance; f. Maintaining a rule at [section] of its handbook that employees would reasonably construe to prohibit protected activity.
  3. Employees affected: [names].
  4. Witnesses: [names and contact information].

[Charging party, contact, date]

☐ ⚠ File within six months of the violation. 29 U.S.C. § 160 — jurisdictional. ☐ Name the correct legal entity; a charge against the wrong employer wastes the period. ☐ Prepare witnesses for affidavits; the regional investigation runs on them. ☐ Gather handbooks, policies, emails, discipline records, comparator discipline, and schedules. ☐ Rules of procedure at 29 C.F.R. part 102 and 29 C.F.R. part 103. ☐ ⚠ Remedies are make-whole only — reinstatement, back pay, notice posting. No punitive damages.


Tool 5 — Information request letters

⭐ The most underused tool available to a union. Requests for relevant information are enforceable, and refusals are easy violations to prove.

For bargaining:

Pursuant to the duty to bargain in good faith under 29 U.S.C. § 158, the Union requests the following information, which is relevant and necessary to the performance of its duties as exclusive representative:

  1. A current list of bargaining unit employees with job classification, date of hire, wage rate, and shift.
  2. Wage and benefit costs per employee by classification for the past three years.
  3. Health and welfare plan documents, premium costs, and claims experience to the extent permitted.
  4. Pension and retirement plan documents and funding status.
  5. Overtime hours by employee and classification for the past two years.
  6. All subcontracting of bargaining unit work for the past three years, with the contracts.
  7. Staffing levels and vacancies by classification.
  8. The Employer's attendance, discipline, and safety policies currently in effect.
  9. [If inability to pay is asserted:] Financial statements substantiating that claim.

Please produce by [date] or advise what you contend is not relevant and why.

For a grievance:

Pursuant to the Union's duty to investigate and process grievance [number], the Union requests:

  1. The complete investigation file, including all statements and notes.
  2. All documents relied upon in imposing the discipline.
  3. The grievant's complete personnel file.
  4. Discipline imposed on all other employees for the same or similar conduct in the past three years, with names redacted if necessary.
  5. The policy alleged to have been violated, and all versions in effect during the grievant's employment.
  6. Any recording, video, or electronic record of the incident, and confirmation that it has been preserved.
  7. Attendance and performance records for the relevant period.

☐ ⚠ Request preservation of video and electronic records explicitly; retention cycles are short. ☐ Follow up in writing; a delayed response is itself evidence.


Tool 6 — Demand to bargain after a unilateral change

[Date] — [Employer representative]

Re: Unilateral change to [subject] — demand to bargain and to rescind

On [date], the Employer [implemented / announced] the following change affecting bargaining unit employees: [describe precisely].

This is a mandatory subject of bargaining. The Employer implemented it without notice to the Union and without affording an opportunity to bargain, in violation of 29 U.S.C. § 158. See NLRB v. Katz.

The Union demands that the Employer: (1) immediately rescind the change and restore the status quo ante; (2) make whole any employee adversely affected; and (3) bargain over the change before any implementation.

The Union further requests: all documents relating to the development and implementation of the change; all communications to employees about it; and the identity of every employee affected.

Absent a response by [date], the Union will file a charge and pursue all available remedies.

[Union representative, date]

☐ ⚠ Send promptly. Delay can be argued as acquiescence. ☐ File a charge within six months regardless of the response — 29 U.S.C. § 160. ☐ In restructuring, distinguish decision from effects bargaining — First National Maintenance Corp. v. NLRB and Fibreboard Paper Products Corp. v. NLRB. ☐ Enforce the agreement itself under 29 U.S.C. § 185.


Tool 7 — Weingarten script

Print on a card. ⚠ The right must be requested — nobody will offer it.

If asked into a meeting that could lead to discipline, say:

"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present. Without representation, I choose not to participate in this discussion."

Then: ☐ Do not walk out without saying that — say the words first. ☐ If the request is denied and the employer ends the interview, that is lawful. ☐ If the employer proceeds anyway, repeat the request and note that you are answering under protest. ☐ Write down immediately afterward: who was present, what was asked, and what you said.

For the representative: ☐ Ask for the subject of the interview before it begins. ☐ Ask for a moment to confer with the employee privately. ☐ You may assist and clarify — you may not obstruct or answer for the employee. ☐ ⭐ Take notes. A steward who says nothing but writes everything down has still changed the interview.

☐ NLRB v. J. Weingarten, Inc.. ☐ ⚠ The employer may lawfully end the interview and decide on other evidence.


Tool 8 — Grievance intake and just cause worksheet

Intake

Field Entry
Grievant and classification
Date of the event
Date the grievant learned of it
⚠ Contract filing deadline
Contract article and section violated
Statement of facts
Remedy sought, specifically
Witnesses
Documents requested
Parallel statutory claim and its deadline

Just cause elements — the standard most arbitrators apply

Element Facts Met?
Did the employee have notice of the rule and the consequence? ☐
Is the rule reasonably related to the operation? ☐
Did the employer investigate before disciplining? ☐
Was the investigation fair and objective? ☐
Is there substantial evidence of the violation? ☐
Has the rule been applied evenhandedly? ☐
Is the penalty proportionate to the offense and the record? ☐

Past practice evidence

What the practice was How long it existed Who knew of it Documents proving it

☐ ⭐ Consistent past practice frequently beats contract language in arbitration, and it is proved with documents and testimony about what actually happened over years. ☐ Awards are final on the merits under the deferential United Steelworkers v. Warrior & Gulf Navigation Co. framework. See arbitration and compelling, resisting, or preparing for arbitration.


Tool 9 — Internal union appeal

[Date] — [Union appeals body]

Re: Appeal of the decision not to arbitrate grievance [number] — [member name]

  1. I am a member in good standing and the grievant in the above matter.
  2. On [date], I was informed that the Union would not advance the grievance to arbitration.
  3. I request: (a) a written statement of the reasons for the decision; (b) the investigation file; (c) the identity of the person or body that decided; and (d) reconsideration.
  4. The grievance has merit because: [facts, comparators, contract language, past practice].
  5. The investigation was inadequate in the following respects: [ ].
  6. I request a hearing before [the appeals body] as provided by Article [ ] of the Constitution.

[Name, contact, date]

☐ ⭐ Exhaust this first. It is faster, cheaper, and it builds the record if litigation follows. ☐ The standard for a duty of fair representation claim is arbitrary, discriminatory, or bad-faith conduct — Vaca v. Sipes. Negligence is generally insufficient. ☐ ⚠ The hybrid suit carries a short limitations period. ☐ Member rights: 29 U.S.C. § 411, enforceable under 29 U.S.C. § 412; reporting at 29 U.S.C. § 431; elections at 29 U.S.C. § 481; officer duties at 29 U.S.C. § 501; definitions at 29 U.S.C. § 401; regulations at 29 C.F.R. part 452 and 29 C.F.R. part 458.


Tool 10 — Strike character analysis

⭐ The single most consequential determination in any strike: economic strikers may be permanently replaced; unfair labor practice strikers may not.

Question Facts Effect
What is the stated object of the strike?
Had the employer committed unfair labor practices before it began? ☐ Can make it an unfair labor practice strike
Were charges filed and when?
Did employer conduct during the strike prolong it? ☐ Can convert an economic strike
Is there a no-strike clause in effect? ☐ ⚠ Injunction risk under Boys Markets, Inc. v. Retail Clerks Union
Is the dispute arbitrable? ☐ Strengthens the injunction
Were required notices given (contract expiration, health care)? ☐
Is the action intermittent or partial? ☐ ⚠ Generally unprotected
Any property damage or destruction? ☐ ⚠ Glacier Northwest, Inc. v. Teamsters
Any secondary activity? ☐ ⚠ 29 U.S.C. § 158; damages at 29 U.S.C. § 187
Has an unconditional offer to return been made in writing? ☐ Starts recall rights

☐ Right to strike: 29 U.S.C. § 163; anti-injunction provisions at 29 U.S.C. § 101, 29 U.S.C. § 104, and 29 U.S.C. § 107; conciliation at 29 U.S.C. § 165 and 29 U.S.C. § 169.


Tool 11 — Decertification timing calculator

⭐ The windows decide these cases. A petition one day outside is dismissed regardless of support.

Bar Period Open window
Certification year One year from certification None
Contract bar Up to three years of the contract's term The defined window before expiration
Election bar One year from a valid election None
Voluntary recognition bar A reasonable period after recognition None
Successor bar A reasonable period after a successor's obligation attaches None

☐ Compute the window before gathering anything. ☐ Thirty percent showing required for decertification or deauthorization. ☐ ⚠ The employer may not initiate, sponsor, or assist. Employer fingerprints void the petition and produce a charge under 29 U.S.C. § 158. ☐ Deauthorization removes union security while keeping the union; on dues, note 29 U.S.C. § 164 and Communications Workers v. Beck. ☐ Withdrawal of recognition by an employer requires actual loss of majority support and is hazardous. ☐ Representation procedures at 29 U.S.C. § 159.


Tool 12 — Employer handbook audit

⭐ A rule can violate the Act without ever being enforced. Maintaining it is the violation.

Provision Present? Problem Revised?
Prohibition on discussing wages or compensation ☐ ⚠ Usually unlawful as written ☐
Broad social media policy reaching workplace complaints ☐ Unlawful if reasonably read to cover protected activity ☐
Blanket confidentiality during investigations ☐ Requires case-specific justification ☐
Civility or professionalism rule reaching protected complaint ☐ Overbroad as applied ☐
No-recording rule ☐ Scrutinized where it prevents documenting activity ☐
Solicitation and distribution rules ☐ Must be evenhanded, limited to work time and areas ☐
Media contact prohibition ☐ May reach protected appeals to the public ☐
Rule against "disloyalty" ☐ Overbroad if it covers labor disputes ☐
Arbitration agreement with class waiver ☐ Enforceable — Epic Systems Corp. v. Lewis — but ⭐ does not bar a Board charge ☐

Supervisor training checklist ☐ The four prohibitions: threats, interrogation, promises, surveillance ☐ "Who started this?" is interrogation ☐ Fixing a complaint mid-campaign is a promise of benefit ☐ Watching a meeting is surveillance ☐ A single remark can set aside an election — NLRB v. Gissel Packing Co. ☐ Never assist a decertification effort ☐ Answer information requests promptly ☐ Never change a mandatory subject unilaterally — NLRB v. Katz ☐ Preemption limits state-law defenses — San Diego Building Trades Council v. Garmon, Machinists v. Wisconsin Employment Relations Commission, and Lingle v. Norge Division ☐ See starting and running a small business and the paperwork that protects you.


Tool 13 — Forum deadline tracker

⭐ Filing in one forum rarely forecloses the others, but missing a deadline forecloses that one permanently. Calendar them all on day one, then choose.

Forum Deadline Calendared Remedy
Board charge — 29 U.S.C. § 160 ⚠ Six months, jurisdictional ☐ Reinstatement, back pay, notice
Contract grievance ⚠ Contract period, often days ☐ Contract remedies
Election objections Short window after the tally ☐ Rerun election
Regional dismissal appeal Stated in the letter ☐ Reinstatement of the charge
Discrimination charge 180 or 300 days ☐ Damages and fees
Wage claim Statutory ☐ Unpaid wages, liquidated damages
Safety whistleblower complaint — 29 C.F.R. part 1977 Short ☐ Reinstatement, back pay
Internal union appeal Union constitution ☐ Reconsideration
Hybrid duty of fair representation suit Short ☐ Damages
Public employee appeal Statutory ☐ Varies

☐ See employment discrimination charges, wage and hour law, workplace safety, and reporting misconduct and preserving a retaliation claim.


Tool 14 — Routing table

If your situation is Go to
Understanding what is protected The right to act together
Working the full framework Labor relations and unions
Acting on a campaign, charge, or grievance Organizing, filing a charge, and pursuing a grievance
A discharge outside a union setting At-will does not mean for any reason
Reviewing a severance offer Responding to a termination and reviewing a severance agreement
A discrimination claim Employment discrimination charges
Unpaid wages or overtime Wage and hour law
A safety complaint Workplace safety
Retaliation for reporting Reporting misconduct and preserving a retaliation claim
Classification questions Worker classification
Challenging a classification Assessing and challenging a worker classification
Arbitration procedure Arbitration
Preparing for an arbitration Compelling, resisting, or preparing for arbitration
An arbitration clause in a handbook The clause you clicked past
Leave and accommodation Leave and accommodation
Employer compliance generally Starting and running a small business
Judicial review of an agency decision Civil appeals
Proceeding without a lawyer Representing yourself in civil court
A noncitizen employee involved Removal defense
Workers' compensation issues alongside Workers compensation

Tool 15 — The card

  1. Coverage first. Supervisors and contractors have no rights under the Act.
  2. Say "we." Concert is what triggers protection.
  3. Six months to file a charge. It is jurisdictional.
  4. Log every employer statement the same day.
  5. Threats, interrogation, promises, surveillance — the four prohibitions.
  6. Request information; it is enforceable and underused.
  7. Never change a mandatory subject unilaterally.
  8. Grievance deadlines are days, not months.
  9. Ask for a representative — the right must be requested.
  10. Economic strikers can be permanently replaced. Know which kind of strike it is.

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