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Business Law: Trade Union

Corporations can allocate a lot of resources to prevent unionization in the United States. If an employer violates the law to avoid unionization, the legal system is entirely inadequate in establishing remedies. Therefore, very few employees are committed to public associations striving for equal rights and opportunities. This work is designed to assess the chances of organizing a community of workers and show how the state is trying to regulate it. Unionization is a vital part of the working process in the US, allowing individuals to exert power over their employees and gain a collective voice.

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One of the first actions that employees can take is to study the national Labor Relations Law from the National Labor Relations Board. It stipulates that employees have the right to voluntary organizations, and the employer should not interfere with this. It is important to remember that a trade union is an entirely voluntary association; any employee can participate or refuse to participate. Refusal should not lead to discrimination in the workplace and does not go beyond what is permitted. Any individual, regardless of their race, gender, occupation, or any other characteristic, can join or form a union as a way to promote a positive work atmosphere.

However, only those that can be considered employees can join unions, meaning that independent contractors and other specific types of workers can often be excluded from the unionization process. It is important to remember that trade union members, in addition to their rights, have duties that come down to several vital considerations – it is not to complicate the workflow, not to discriminate, and not to require special conditions. Any protest actions and petitions for negotiations must be coordinated with the leadership, and it is essential not to turn to violent acts against the administration.

One of the main differences between a trade union in the private sector and the public sector is the set of rights. If the State controls the implementation of the law on labor relations in the public sector, then the same responsibility lies with the employer in private organizations. The head of a private company can dismiss a disgruntled employee and find a new one in their place (Manjusha et al., 2019). It will not be easy to fight for an employee’s rights in such conditions, and the maximum they can count on is financial compensation. In the public sector, the situation is more favorable for employees because it allows them to organize trade unions and achieve their demands.

For trade unions, such an organization as the National Labor Relations Board (NLRB) has a high role, which controlling the election of trade union representatives and can both investigate and eliminate “unfair methods” of struggle. It is also empowered concerning collective bargaining and in the field of prevention of unfair labor practices. This organization is independent and acts as a buffer zone between trade unions and employers or trade unions and the state.

The Federal Office of Labor Relations (FLRA), in turn, regulates labor relations between the federal government and its employees. The Federal body considers disputes arising from the conclusion of collective agreements, appeals concerning unfair labor practices, and representation petitions. Following its statutory duty to guide the development of policies and guidelines for participants in the Federal Program on Employee-Management Relations.

In the modern world, several statistical reasons contribute to the formation of trade union organizations. For example, the wages of union members are 10-30 percent higher than those of ordinary workers (Manjusha et al., 2019). More and more poor areas in the United States, where trade union organizations appear, receive support from Congress (therefore, the percentage of organizations is approaching the figures of the 1980s – about 30 percent) (Manjusha et al., 2019). Additionally, the strength of trade unions is increasingly influenced by ensuring decent living and working conditions for pregnant women (previously, this was not paid attention to) (Manjusha et al., 2019).

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An employee who is interested in their participation can join trade union organizations. They can either freely join the organization or voluntarily leave it without applying any sanctions. Each participant should remember the basic principles of an organization’s operation, as there are both rights and obligations prescribed in the National Law on Labor Relations. Failure to comply with the rules may exclude one of the participants or the entire trade union organization. It is hoped that the trade union movement will continue to develop and spread throughout the United States.


Jenny, C., Manjusha, N. & Chris, R. (2019). Precarization and labor resistance: Canada, the USA, India and China. Critical Sociology, 45(4-5), 469-483.

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