National Labor Relations Board Analysis

The act also created the National Labor Relations Board (NLBR) which monitors the collective bargaining process. It’s made up of five members, who run offices all over the United States.

Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to join the union then the NLRB certifies the union as the bargaining representative.

Of the many laws and regulations that affect labor relations in the United States, few have had a greater impact than the National Labor Relations Act (NLRA). This law, passed in 1935, was designed to protect the rights of both employers and employees, while also discouraging certain workplace practices. But what did this law actually do, and how does it affect your company today? Our workforce specialists at Industrial Relations Consultants have your answers.

Facts: In Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the employees were terminated for cause, not because they signed authorization cards for Local 23.

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).

The Taft–Hartley Act amendments in 1947, however, explicitly stated that if “a question of representation exists, [the NLRB] shall direct an election by secret ballot” [Section 9(c)].

The unfair labor practices include: interfering with employees as they engage in concerted acts, dominating or assisting a labor union, discriminating against an employee for engaging or not engaging in union activity, punishing an employee for filing charges against their employer with the National Labor Relations Board, and lastly the act requires that employers collectively bargain with employees unions in good faith (Cornell University Law School). The National Labor Relations Board was formed to ensure that these rules, and all those established by the Wagner Act are enforced. The board maintains its integrity by maintaining a five member board, which is appointed by the president, along with 33 regional directors (National Relations Labor

What is also interesting to note, is that the balance of power and who ultimately gets seated on the Supreme court is decided on Capitol Hill. Up until this point in the review, there has been very little discussed about how the legislature plays into the decision process of how the justices are seated (Robertson, 2004). However, as it is critical for a sitting president to have a Supreme Court sided towards the president’s political affiliation, it is equally as important to have a legislature that will also seek to have the nominee on the panel of justices. The author suggests, that this hope is quickly diminished when during the presidency, the legislature’s majority is the opposing party. The author does an excellent job in communicating this dynamic in reflecting on President Clinton’s attempt to have his justice nominees appointed during his time in office (Burke, 1993). The issues of getting nominees approved was also driven by a number of critical turnovers within the office of the presidency. This point underscores that lobbying is not limited to companies and organizations but to the power of the president to push justice nominations through the system (p.44). Finally, another aspect that was discussed that hindered the process was that President Clinton did not hold his ground and in each instance where he faced resistance, the president would remove the candidate presenting another with the hope that the new nominee would pass the nominee process

The National Labor Union (NLU) was formed in 1866 by William H. Sylvis to help protect the working conditions of workers. The organization was formed in a convention in Baltimore, where skilled and unskilled labours, farmers, and reformers came together to pressure the Congress to pass laws to limit workday hours to eight hours. Furthermore, the organization not only helped workers, but fought for other rights such legislation banning prison labor, land reform laws to keep public holdings out of the hands of speculators, and national currency reform to raise farm prices.The NLU handled situations differently than all the other unions, the union would only improve the working conditions of workers through the process of the law rather than collective bargaining, which is a process of negotiation between representatives of workers and

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

Case study 5.2 - "Are Teaching Assistants, Research Assistants, and Proctors Employees under the NLRB?"

As you may know, collective bargaining is the negotiation between union leaders and the company’s management that sets out the terms of employment such as working conditions, base pay, overtime, work hours, and benefits. By law, collective bargaining benefits all workers whether they are in the union or not and non-members receive the same wages and benefits that are enjoyed by union members. Under the National Labor Relations Act (NLRA), workers are afforded the

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