NLRA Section 7: Your Right to Organize

What Section 7 Protects

Section 7 of the National Labor Relations Act (NLRA) is the foundation of workers' organizing rights in the United States. Enacted in 1935, it guarantees employees the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. This means you have a legally protected right to talk with your coworkers about wages, benefits, and working conditions. You can circulate petitions, distribute union literature during non-work time, and wear union buttons or t-shirts. You also have the right to refrain from any of these activities if you choose. Section 7 does not require you to have a union to be protected. Even in a non-union workplace, employees who act together to improve their conditions are exercising Section 7 rights. This is one of the most powerful and least understood labor protections in American law.

Who Is Covered (and Who Isn't)

The NLRA covers most private-sector employees in the United States. If you work for a private company, whether full-time, part-time, or temporary, you are almost certainly protected by Section 7. However, several categories of workers are excluded from NLRA coverage. Managers and supervisors who have the authority to hire, fire, or discipline other employees are not covered. Independent contractors are excluded, though many workers classified as contractors are actually misclassified employees who do have NLRA rights. Federal, state, and local government employees are not covered by the NLRA, though many have similar protections under other laws. Agricultural laborers and domestic workers are also excluded from coverage. If you are unsure whether you are covered, the key question is whether you work for a private employer and lack supervisory authority. If so, Section 7 almost certainly protects you. When in doubt, contact the NLRB for guidance.

Protected Activity in Practice

Section 7 protections extend to a wide range of real-world activities. Discussing your pay with coworkers is protected, and any employer policy that prohibits wage discussions is illegal. Wearing pro-union buttons, pins, or clothing at work is generally protected unless it creates a genuine safety hazard. Posting about working conditions on social media is protected when you are speaking with or on behalf of coworkers about shared workplace concerns. Circulating a petition about scheduling changes, gathering signatures for a letter to management about safety issues, or simply having a conversation in the break room about unfair treatment are all protected activities. You can attend union meetings on your own time, hand out flyers in non-work areas during breaks, and encourage coworkers to support collective action. The common thread is that these activities involve employees acting together, or one employee acting on behalf of the group, to address terms and conditions of employment. The law protects the right to take these steps without fear of punishment.

What Your Employer Cannot Do: The TIPS Rule

Federal law prohibits employers from interfering with your Section 7 rights. A helpful way to remember what employers cannot do is the acronym TIPS: Threaten, Interrogate, Promise, Surveil. Your employer cannot threaten you with consequences for organizing. Statements like "if a union comes in, we'll close this location" or "people who cause trouble don't last long here" are illegal threats. Your employer cannot interrogate you about your organizing activities or union sympathies, such as asking "have you signed a union card?" or "who else is involved?" Your employer cannot promise benefits to discourage organizing, like suddenly offering raises or improvements that were previously denied, in an attempt to undercut support for collective action. And your employer cannot surveil your organizing activity, which includes monitoring union meetings, tracking who attends organizing events, or singling out known organizers for unusual scrutiny.

• Threaten: No threats of job loss, closure, or retaliation for organizing
• Interrogate: No questioning employees about union activity or sympathies
• Promise: No sudden benefits offered to discourage organizing
• Surveil: No monitoring of organizing activities, meetings, or communications

Encrypted Organizing Is Protected Concerted Activity