Exploring Federal Legislation Case Study

In 1947 it was revised to help better protect employees as well as employers. The revision stated that employees and managers must bargain “in good faith” with each other, and illegalized wild cat strikes, (refusing to work under a valid contract). These rights help employees as well as employers to be treated fairly. Forcing employees and employers to work together as a team can increase their understanding of where each side is coming from, as well as making it easier to compromise. The act also prevented businesses from becoming “closed shops,” (places where only union members were hired.) and prevented members from forcing others to join a union. Employees were also given the option to hold elections to certify and decertify unions. Employers were given the freedom to voice any concerns they had over unions so long as they did not interfere with the organization of unions. The revised act also gives the president the power to call off strikes in the event that it becomes a national emergency. A board may be hired to examine the situation of the strike so that the president may better understand why the situation has not been resolved. The president can then put an injunction on the strike; if a decision is not reached, the injunction can be extended.

Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union

Prior to the 1950s, American public sector workers could not join unions. Because of job security and reasonable benefits, it was considered unnecessary for public sector workers to unionize and collectively bargain with their government employers. However, in 1958, Robert F. Wagner, then mayor of New York City, signed an executive order granting city workers the right to unionize. Other local and state legislators followed suit, allowing public sector workers the right to join unions. In 1959, the state of Wisconsin passed the first state law granting the right to public sector collective bargaining after extensive campaigning in the state by the American Federation of State, County and Municipal Employees (Fraser & Freeman, 2011). And in 1962, President John F. Kennedy granted federal employees the right to unionize and collectively bargain. Since then, the expansion of union activity in American government has closely mirrored the decline of union influence and strength in the American private sector (Masters, Albright, & Gibney, 2010)

Labor unions have existed in one way or another since the birth of our country in 1776. They were created in an effort to protect the working population from abuses such as sweatshops and unsafe working conditions. From the start of our Nation there were a few unions organized unions in a scattered fashion, but many were disbanded after they had achieved their goals, such as when the printers and shoemakers briefly unionized in Philadelphia and New York City in 1778 to conduct the first recorded strike for higher wages. Three years later in 1971 the first successful strike happened, when Philadelphia carpenters campaigned for a ten-hour workday. This caused the need for skilled and unskilled laborers to skyrocket during the Industrial Revolution and the Civil War and also got the ball rolling with Labor unions. At this point in our Country, there had been nothing done yet for workers’ rights, conditions, pay, and so on. People at this time saw that they could come together and do something to make their lives better for themselves and their families. Many of these dates were important in shaping our country’s labor policies into what they are today. In 1847 New Hampshire enacts as the first state to enforce a 10-hour workday law. In 1909 the International Ladies’ Garment workers’ Union calls a strike in New York, demanding a 20-percent raise and a 52-hour workweek. Within two days, more than 20,000 workers from 500 factories walk off the job. This largely successful uprising

See, e.g., Marion Crain & Ken Matheny, Beyond Unions, Notwithstanding Labor Law, 4 U.C. IRVINE L. REV. 561, 562–53 (2014). “Unions served as a vehicle for worker voice and political influence . . . .”

In labor as in all things there is strength in numbers it is this strength that American labor unions provide. Labor unions provide a collective voice for those who had not previously been heard. As the professor in the “Frustrated Labor Historian” Dr. Horace P. Karastan is left with the dilemma what are the three most important events in American labor union history it would be difficult to choose with so many important moments. There are however several events that stand out as being turning points in giving employees unquestionable protections. The Norris-LaGuardia Act of 1932 allowing employees the right to organize. Further the Wagner Act protecting employees from reprisal from employers for organizing spurring the growth of unionization. The Landrum-Griffin Act of 1959 building on the Wagner Act as well as the Taft-Hartley Act of 1947 which granted protections from the unions. It is these Acts that have changed the landscape of American labor union history and leave us with the unions that we have today.

     The past of Unions is indisputable; however, the outlook can be altered to form a promising future. The reversal of history can be done through reconstruction and restatement of workers rights. A reestablishment of worker liberties should be considered in order to clarify any confusion in which present and prospective employees are faced with. Unions are notorious for being tyrannical and inconsiderate towards employees and thus union heads should confront this issue head on and give workers a voice (i.e. vote). In order to regain union strength in today’s society I believe Unions must give workers honorable rights and a democratic right to be heard.

To help bring about congressional change, the National Labor Union was created in 1866 “to pressure Congress to make labor law reforms” (Library of Congress). It was composed of “national associations of unions” with “trade-printers, machinists, stone cutters” and others (American Federationist).

NLRA was considered to be the law that affected the relationship among the federal government and private enterprise; this measure considerably increased the government’s powers to arbitrate in labor relations. Prior to this law, employers had the emancipation to chastise, spy on, question for no reason and fire union members. Work stoppages commenced in the mid 1930’s (Gould, 1986), which included striking by factory and industrial occupational workers. By the time the strikes came to a halt, America had a more conservative Congress. This Congress led to balance the power between employers and unions. While the Wagner Act addressed only unfair labor practices by employers, it was added to the enactment of

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 labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease,

Employers initially resisted unions as they were seen as a ‘tool of worker power’, and some countries even banned the groups all together (Baoill 2011). Although these restraints have been lifted, restrictions and guidelines have been put in place by government bodies to govern union activity; and employees internationally have the right to form unions (Baoill 2011).

State Department of Labor as a direct result of pressure from organized labor (MacLaury). Shortly after the creation of the Department of Labor, the Great Recession hit the nation. With the depression came an increased unemployment and lesser wages however significant legislation was also created during that time that impacted union membership. The most significant law was the Fair Labor Standards Act. Following shortly after this FLSA, the United States amended the Equal Pay Act and the Civil Rights Act of 1964 and the Occupations Health and Safety Act of 1970. Although these acts were supported by the power of unions, these acts in particular impact union membership which will be discussed later in the paper. It was at this time in the nation’s history that unions began to see a decline in membership. Unions today cast a wide umbrella of membership and consist of trade unions such as the International Brotherhood of Electrical Workers and the Laborers International Union of North America to service unions such as the United Food and Commercial Workers. Although their membership has declined, unions that were once affiliated with a defined group skilled labor employees now can be found in almost any industry representing any group of employees.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

When we hear about “Right to Work” you immediately think that it means everyone has the right to work, part of that statement is true, however it doesn’t mean that. “"Right to work" is the commonly used term for laws that make it illegal to require that employees join a union or pay the equivalent of union dues to get or keep a job. Under such laws, employees can still form unions, engage in collective bargaining and go on strike”(Pearson, 2017). Florida in 1943 passed the first “Right to Work” law and soon after many other states follow suit. It was introduced because unions were becoming very powerful back in the 1940’s and the sate thought they never to step in to make sure its residents were being treated fairly. However, if you are in the railroad industry or the airline industry you are not protected by “Right to Work”. Since its inception the law has been on the national level since