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Cement Workers' Experience 27 
tites were usually 
on of a contract, The Legal Right To Concerted Activity 
allow the union to 
iditions that greatly An important aspect of in-plant strategies is the use of legal rights 
:rally implemented guaranteed to all employees by the National Labor Relations Act 
to expand worker (NLRA) and by safety and health legislation. Exercise of these rights 
is dependent on a number of factors, however, and the extent of 
ally necessary for legal protection afforded is subject to interpretation—eventually by 
ible resolutions of the Reagan-appointed NLRB. 
One of the most important legal protections is provided by Section 
7 of the NLRA, which grants employees the right to engage in 
ty concerted activities for their mutual aid and protection. Not all 
alth, the union has concerted activity falls within the rights guaranteed by Section 7, 
le Mine Safety and however. In addition to being "concerted," employees' acts must also be "protected',' which generally means that they must have 
one miners" under both a legal objective and a legal means of achieving it. For more 
rather than OSHA. information on "protected concerted activities," consult with your 
osition with respect union's legal department. 
Unity Program the Section 8(d) of the NLRA requires the employer to bargain with 
the representative of his employees over wages, hours, terms and 
lining in the basic conditions of employment. Although bargaining over a new contract 
law. Consequently, may have reached impasse and the emloyer may have implemented his final offer, the employer cannot make subsequent unilateral 
requirements. This changes without again bargaining to impasse with the employees' 
with training on all representative. The employer has a duty to bargain over issues that 
ill vehicles. Both of may formerly have been handled in a grievance process, but there 
are limitations on the time, place and subjects of bargaining. Check 
ined extensively in with legal counsel on the extent of the employer's duty to bargain 
health standards, in specific situations. 
The NLRA also proscribes certain types of employer behavior 
/orkplaces and have as unfair labor practices (ULPs). ULPs include any interference with 
linor nature. Some employees' exercise of rights under the Act, surveillence, intimida-
zards and violations tion, discrimination against employees because of their union 
:ctors. activities, bad faith bargaining, surface bargaining. If an employer 
A inspector arrived engages in any of these practices, workers can call an unfair labor 
requires that work practice strike. Unlike employees who strike over economic issues, 
nion representative ULP strikers cannot be permanently replaced. Employees can also take advantage of safety and health legisla-
the law) and began tion that protects their right to refuse unsafe work. The amount 
ter inspecting about of protection available varies greatly with the type of workplace, 
ive had pointed out the legislation covering that workplace, and the particular circum-
) cite the violations, stances involved. It is important to know the full extent of your 
sctor and demanded protections before refusing work. 
'he inspector stated Reliance on legal rights requires consultation with attorneys. Talk 
i nature, he did not with your union's legal counsel before engaging in any of these activities. 
i- The local union 
ie law required that Elaine Charpentier, MCLR staff attorney 
cited. The inspector