First Central Bank Case

* Workers wanted higher wages, 8 hour work day, and the right to collective bargaining (to negotiate on behalf of other members)

An employer may not interfere with its employee’s ability to communicate union messages or discriminate between union communications and non-union communications. Barry Marcks violated Section 8(a)(1) of the Act by barring union employees from using the employer’s e-mail system for union business.

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.

Labor contracts and new laws, regulations, and policies established a more open employment system, procedures for addressing complaints, and safer working environments. One of the most important outcomes is that workers gained a clear democratic voice in determining

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.

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

Unions were formed to protect and improve the rights of workers. Their first order of business was to establish the eight-hour workday and in 1866, the national labor union was formed. Labor movements were around before 1866, but few organized up until this point. Unions created an environment for workers with difficult tasks, creating better pay, safer work conditions, and sanitary work conditions. Unions made life better for many Americans in the private sector. Collective bargaining became the way in which employers and a group of employees reached agreements, coming to a common consensus. From 1866 to the early 1900’s Unions continued to make headways increasing membership and power. The real gains started in 1933 after several pieces of legislature, which saved banks, plantations, and farmers. The American Federation of Labor (AFL) proposed an important, and controversial, amendment to the National Industrial Recovery Act of 1933. It insisted that language from the pro-labor Norris-LaGuardia Act of 1932 be added to the simple declaration of the right to collective bargaining. The setbacks the Congress of Industrial Organizations (CIO) suffered in Little Steel and textiles in the latter half of 1937, and in Congress from 1938 to 1940, despite the gains made by the AFL, by 1940 the amendment had stalled. WWII created a rapid buildup within the industrial complex, creating more work for women and African Americans, overshadowing the union’s inability to project their power

The National Labor Relations Board enforces the law by policing unfair labor practices committed by either labor or management. The Board also reviews questions concerning what issues are subject to negotiation under the law. The two most common allegations of unfair labor practices are that the employer has disciplined or discharged players for engaging in union activities and that the employer has refused to bargain in good faith.

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

The Taft-Hartley Act (also known more properly as the Labor Management Relations Act of 1947) as issued to amend the Wagner Act of 1935 and discontinued parts of the Federal Anti-Injunction Act of 1932. This law helped to reinforce flaws that were in the Wagner Act. Where the Wagner Act had only spoken of the right to participate in union activities, the Taft-Hartley Act helped to fill in the gaps by allowing for the right to refrain from union activities.

This act includes protecting employees’ rights to self-organization and freedom, removing diplomatic labor dispute authority as of federal courts, and prohibition the yellow dog convention that proscribed a employee on or after synthesis a labor union as a phrase of employment.

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

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