National Labor Relations Act Analysis

Since the enactment of the Wagner Act, there has been a dramatic change in the way employment is handled between managers and employees. Employees have been given more of a chance to decide what they want at work, and are able to negotiate with their employers. They have the opportunity to discuss wage, hours, over time, etc. Previously, employees had little to no say in decisions that were made regarding their employment and basically had to be “yes men” for the employers. It prevented employers from firing people in unions, as well as people who were sympathetic to unions. Retracting these laws that have been put into place would be an egregious error. They are there in order to protect employees, regardless of whether they are in a

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 National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

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

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.

Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).

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

Right, to-Work Laws initially showed up in a few states after Congress established the 1935 National Labor Relations Act, otherwise called the Wagner Act, and most are still active today in about twenty-two states today. The rights associated with these laws displayed the differences of the ideology amongst business and representative. They ensure the individual laborer 's opportunity to decline to join or to help bolster a union, including one picked by the employee to represent as their bartering agent. Consequently, from the point of view invigorating the Wagner Act, they were meant to create frictions leading to the disruption of any labor agreements. More particularly, ideal right-to-work laws are pointed against union security

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.

Unions in America today have grown smaller and smaller in the past 30 years. There are many reasons for this. The major one is that industries in other countries that are non-union have much cheaper labor costs, and therefore can offer products and materials at a much lower price than our US union-run, high wage cost factories. “During the 1970s and 1980s, a fifth of large unionized companies in the United States went bankrupt, unable to compete against companies with lower wage costs.” (Rachman, 308)

The New Deal Wagner Act established the right to organize, join labor unions, and prevented employers from firing their employees for affiliating with a labor union or protesting(this was originally unrealistic for unskilled workers to do as they were easily replaced. This allowed workers to strike and partake in a peaceful protest in order to pressure an employer in complying with. And prohibited employers from engaging in unfair labor

The key is agreement and sometimes it takes a while before both sides agree. However, workers have an option that they don't even know about and they should know about. The National Labor Relations Act (NLRA) has a clause that just might be the best kept secret in the law labor world. It is called de-authorization. It gives one the option to opt out of linking up with a union when it comes to the condition of employment. It is very easy but nearly impractical for employees to get rid of a union once it is certified as their means of bargaining representative. When it comes to a deauthorization election, it can take place at any given point and time. It does not take away from the union bargaining and it does not take away from the employees

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,

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