Labor unions have done a lot to advance the cause of worker rights in the United States. According to data from the Bureau of Labor Statistics (BLS), there are currently around 14.4 million workers in labor unions nationwide. Notably, federal government data shows that Nevada’s union member rate is consistently around ten percent above the national average.
At Ace Law Group, we are an employment law firm that puts employees first. Our team has a full range of union-related legal matters, including contract negotiations. Here, our Las Vegas employment lawyer provides an overview of the key points that labor leaders and workers should know about union rights and union obligations in Nevada.
An Overview of Labor Unions and Key Law
A labor union is an organization formed by workers to advocate for their collective interests regarding wages, benefits, working conditions, and employment rights. Unions can engage in indirect negotiations with employers. A wide range of federal and state laws (Nevada law) regulate labor unions—from the relationship between employers and unions to the relationship between unions and their members.
Here is the most important law:
- The National Labor Relations Act (NLRA): The NLRA is a federal law that was enacted in 1935. It is often referred to as the foundational statute in American labor law. Among other things, it guarantees the rights of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action—including striking. The NLRA was established to protect workers from unfair labor practices by employers and to promote a healthy balance of power between employers and employees. The law also established the National Labor Relations Board (NLRB)—which is an independent federal agency that is responsible for enforcing the rights provided to workers.
Nevada is a Right-to-Work State. What Does That Mean?
Nevada is a so-called “right-to-work” state. The National Conference of State Legislatures (NCSL) reports that 28 of the 50 U.S. states have a right-to-work law in place. It is viewed as a regulation that is not favorable to unions. What does it mean? Simply stated, Nevada’s right-to-work law ensures that no employee at any company can be compelled to join a labor union.
While unions can still operate and represent workers, they cannot require membership or financial contributions as part of employment agreements (collective bargaining agreements). Critics note that right-to-work laws tend to weaken labor unions because they allow individual workers to benefit from union negotiations without contributing dues, which can diminish union resources and collective bargaining power. It is a type of free-rider problem.
Four Foundational Rights of Unions in Nevada
- The Right of Speech and Assembly
Labor unions have protections under the First Amendment. In Nevada, unions are guaranteed the right to speech and assembly, allowing them to hold meetings, discuss work conditions, and address labor issues without unjustifiable employer interference. The right is essential for fostering open communication and solidarity among union members. It enables unions to organize.
- The Right Collectively Bargain
The right to collectively bargain is a cornerstone of union rights in Nevada, enabling workers to negotiate with employers over wages, benefits, and working conditions collectively. The process helps balance the power dynamics between employees and employers. Indeed, collective bargaining rights are a core right of labor unions.
- The Right to Elect Leaders
Labor unions in Nevada have the right to elect their leaders in a democratic manner. The right ensures that all union members have a say in choosing the representatives who will negotiate on their behalf and manage union activities. Elected leaders are responsible for upholding the interests of the union members.
- The Right Organize Without Retaliation
Finally, labor unions in Nevada have the right to organize without retaliation is a critical protection for union members and those seeking to join or form a union in Nevada. It is a right that shields workers from any punitive actions by employers, such as termination, demotion, or harassment.
Three Core Responsibilities of Unions in Nevada
- The Duty to Advocate for Workers
Labor unions must put their members first. Indeed, it is the responsibility of labor unions to advocate for benefit conditions—including higher wages and improved benefits—to members. The responsibility includes representing workers in grievances against an employer.
- The Duty to Meet Financial Standards and File Reports With OLMS
Unions in Nevada are required to adhere to strict financial standards and transparency by filing detailed financial reports and disclosures with the Office of Labor-Management Standards (OLMS). Compliance with these regulations helps maintain trust within the union.
- The Duty to Not Mandate Individual Membership in Nevada
Under Nevada’s right-to-work laws, unions have a duty not to require individual membership as a condition of employment. While unions can represent all employees in a bargaining unit, they cannot compel non-members to pay dues or join the union to retain their jobs.
Why Labor Unions Rely On Ace Law Group
The federal and state laws regulating labor unions are notoriously complex. Unions and union members need reliable legal representation. Ace Law Group, we have the relevant knowledge, skills, and expertise that you can trust when it matters the most.
Our verdicts and settlements tell the story of what we can do for clients. No matter the specific situation that you are navigating, our Las Vegas union attorneys will review your case, answer your questions, and explain your options.
Contact Our Las Vegas Employment Lawyer for Unions Today
At Ace Law Group, our Las Vegas employment attorney for unions has the skills and experience you can rely on. If you have any specific questions or concerns about a union matter, we are here as a legal resource. Our firm knows how to hold employers accountable for doing right by employees.
Call us now or contact us online today for your confidential consultation. With a law office in Las Vegas, we provide union representation throughout the State of Nevada.