Campaign Tactics Against Union Meetings

This law is also known as the Wagner Act, named for Senator Robert F. Wagner, the man who championed it. In a nutshell this law protects employees’ rights to form and participate in labor unions. The book, Labor Relations: Striking a Balance identifies the central provisions of the Act. These provisions include the establishment of the National Labor Relations Board (NLRB) which answers representation questions and settles unfair labor practice claims. The act gives workers the right to form unions and bargain collectively. It identifies five unfair labor practices and “establishes exclusive representation for unions that have majority support and grants them rights of collective bargaining over wages, hours of employment and other conditions of employment” (Budd, 2010, pp. 119-121). The law also made it illegal for companies to fire employees for forming or joining unions and prohibited company managed unions.

The laws that were related was Wagner Act. It made the federal government the arbiter of employer-employee relations through the creation of the National Labor Relations Board (NLRB). This allowed rights for workers to organize and bargain collectively with their employees for the first time in history. This act would overturn the court decide that asserted the union labor violated an employee's. This was passed after the New Deal and had a major impact on the employee's

Firing union supporters was made illegal; and rather than having to strike for recognition, workers could petition the NLRB for a democratic determination of whether a majority of workers favored unionizing.

When speaking of unfair labor practices, it is imperative to note that, according to the provisions of the National Labor Relations Act, they include any attempts of an employer to prevent employees from organizing or creating their unions, restrain or interfere with their rights to support the existing union, affect their intentions and perceptions of union activities, threatening an employee with firing them or taking away their benefits predetermined by their competence if they choose to support the union (Legal Information Institute, n.d.; Noe et al.,

They are various employer tactics that interfere with employee’s “freedom of choice in being represented by their chosen advocates”. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Some differences include that unions may not demand or require that an employer take action against an employer for any reason. A failure to pay union dues is an exception to this rule. Unions are also not allowed to force individuals to pay excessive initiation fees for union membership. In management, employers and unions may negotiate contract clauses requiring union membership as a condition of continued employment, also known as a union shop agreement. Also, employers may not refuse to bargain with an union over issues of pay, hours or other terms and conditions of employment. Furthermore, unions may not influence employees in the exercise of Section 7 rights. Meanwhile, in management an employer may not interfere with an employee engaging in any activity protected by Section 7. (Fossum,

In 1935, New York Senator Robert F. Wagner introduced the National Labor Relations Act (also known as the Wagner Act). This Act provided workers with more federal protection, and provided a crucial enforcement mechanism. Things started to turn in the other direction in 1947, when the Labor-Management Relations Act was passed (also known as the Taft-Hartley Act). This was an attack on the Wagner Act, and it made it illegal for there to be a workplace in which no one can be hired without first being a member of a union. The Taft-Hartley act also gave the president the power to call for a cooling off period before a strike by declaring an injunction against work stoppage that put the nation in any sort of harm or danger.

With the WAGE Act, instead of or in addition to filing a complaint with the NLRB, employees or unions would be allowed to file a private right of action in courts and be entitled to any remedies available under the NLRA and if successful also receive reasonable attorneys’ fees. One of the criticisms with a failed predecessor of the WAGE Act, the Labor Law Reform Act in 1978, was that it would create increased filings of complaints, therefore allowing employees to harass employers costing time, money, and energy. With employees and unions being able to file suit for violations of the NLRA this same argument could be leveled here, that employees and unions will be extremely litigious and the number of cases filed against employers will increase thereby increasing costs, time spent on litigation, and flood the court systems with endless litigation that could make the courts run less efficiently. Therefore, it is likely that this argument against the WAGE Act will surface once debate on the bill picks up and knowledge of the act becomes more

Under the nation labor law enforcement board President Trump plans to shift the balance of power.“The National Labor Relations Board (NLRB or Board) has long been criticized for failing to consider empirical evidence when making decisions with broad policy implications” (Labor and Employment Law, 2017, p.1281). The National Labor Relations Board (NLRB) is responsible for enforcing the bargaining rights as well as fair labor practices which cater more to the unions under the Obama administration. Now that Trump have the opportunity to shift the balance of power with more Republican on the board which could then overturn some of the controversial rulings. However, under the Obama administration, the National Labor Relations Board have been

One of the principal acts occurring during the 1980s and early 1990s as a result of Republicans stepping in and extending their authority over unions involved the NLRB saying that unions were no longer able to force an employer to bargain with them as long as it did not represent the largest part of the individuals within the company. This practically meant that unions were left with little to no power to act in some situations and employees simply had to accept laws that their managers imposed, regardless if they were justified or not. Matters were especially confusing because it had only been a few years since the NLRB

The National Labor Relations Board (NLRB) is an independent federal agency provided with the power to preserve the rights employees' have to organize and to remedy violations if so called for. In addition, the agency was tasked with the prevention of unfair labor practices committed by private sector employers and unions. The National Industrial Recovery Act initiated the NLRB, which protected joint bargaining rights for unions. President Franklin D. Roosevelt later established the National Labor Board that initiated 20 regional boards that handled the massive caseload, that later proved ineffective. Congress, soon after, stepped in and passed a public resolution that empowered the president to choose a labor board that had the authorization

How does the National Labor Relations Act limit the Board’s determination of the appropriate bargaining units?

Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4) agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631). Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and so must limit

“The use of strikes is a clear indication of the pressure they are feeling.” Just as author Stacy Teicher states in her article “New York Bus Strike: Sign of National Pressure on Unions”, “Strikes are not to be taken lightly. It is a sign that something is bothering the workers so much that it pushes them to publicly showing that they are unhappy with their job. This law allows workers who feel like they are being treated poorly to be able to voice their opinion and call out the company for doing its employees wrongly.”

In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of whether a majority of workers favored unionization (Labor Law, 1969). This effort

The National Labor Relations Act was enacted by congress in 1935 in order to define and defend the rights of the employment relationship. The act allows employees of a company the right to form a union and have the union organization represent them through collective bargaining. Collective bargaining is the process of negotiation between both parties; Union representatives and a corporation, with the purpose of reaching an agreement for the best interests of employees and the corporation. In the negotiation process the attempt is to establish primary factors of importance which are advantages the union fights for and ultimately provide for its stakeholders that would otherwise not have