Section 9 Discrimination Based on Union Membership or Support 8(a)(3)

• Library: Emp-Emp Law 2000

NLRA § 8(a)(3) provides that it is an unfair labor practice for an employer “by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.” 29 U.S.C. § 158(a)(3). Applicants as well as employees are protected under this section. Phelps Dodge Corp. v. NLRB, 313 U.S. 177 (1941).

In general, the NLRA makes it unlawful for an employer to discriminate in employment because of an employee’s union or other group activity within the protection of the NLRA. A banding together of employees, even in the absence of a formal organization, may constitute a labor organization for purposes of NLRA § 8(a)(3). This section also prohibits discrimination against an employee who has refrained from taking part in such union or group activity, except matters...