Question: How do I know if my company is considered an “essential service” and, if so, what are the strike rights of workers? The NLRA regulates industrial relations only for companies involved in interstate trade. it therefore does not protect the collective bargaining interests of all categories of workers. Several categories of employers are not part of the NLRA, including those who work for the U.S. government and its wholly-owned companies, states and political subdivisions, railroads, and airlines. The NLRA also does not protect certain types of workers, such as agricultural workers, independent contractors, and supervisory and management personnel. But other federal and state laws often offer protection to workers who are not covered by the NLRA. For example, federal government workers enjoy the right to bargain collectively under the Public Service Reform Act of 1978, which is largely modelled on the NLRA and enforced by the Federal Labor Relations Authority. Railways and airlines are generally subject to the Railway Labor Act, which preceded the NLRA. In addition, many states have passed laws similar to the NLRA, which protect the right of employed state and local governments to collective bargaining. The element of good faith is an important aspect of collective bargaining processes. Good faith negotiations aim to reach mutually acceptable collective agreements. If no agreement is reached, dispute resolution procedures ranging from conciliation to mediation to arbitration can be used.

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