National Labor Relations Board (NLRB)

The statements made by the employer appear to coincide with an unlawful promise of benefits, and therefore, are unacceptable in relation to the act. The concept of “positive coercion” is addressed in the case study, and these actions directly influence the manner

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.

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

Issues: Does the NLRB have to show that an employer knew of union activity of all employees targeted in a mass layoff to show that the mass layoff was conducted to discourage unionization? What does the Court consider when determining whether terminations were prohibited anti-union activity? Reasoning: The National Labor Relations Acts (NLRA) protects employees' rights to organize for the purposes of collective bargaining. Under the NLRA, employees have the right to "organize a union to negotiate with your

The union certification process established by the NLRA in 1935 was initially a great victory for workers wanting union representation.

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

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

To properly examine the NLRB it is imperative to understand how it is organized. The NLRB “has five members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year” (NLRB.gov). In addition to the board members there is a General Counsel, which is appointed by the President to a 4-year term and is independent from the board. The person appointed to the position of General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. (NLRB.gov) The NLRB also has a Division of Judges, which is made up of 40 Administrative Law Judges who hear, settle and decide unfair labor practice cases throughout the United States.

The National Labor Relations Board consists of five members, who serve staggered terms and who are appointed by the president of the United States.

During President Obamas time, the NLRB had a pro-union stance and is now going to change during president Trump’s term. Peter B. Robb will replace Richard Griffin who was a union attorney during Obamas time in the office. There has not been a Republican to serve as NLRB General Counsel since 2010. This could have major impact on labor laws and can affect business operations. One of the Board’s most provocative decisions was the Browning-Ferris decision in 2015, which decreased for finding joint employment in a relationship. The new standard incorporates that a business can be a joint employer, even though this involves only minimal or indirect control. Therefore, many companies have been very cautious of how they manage with third parties such as staffing agencies, franchisers and vendors.

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.

It did this by: (1) banning certain unfair labor practices, (2) providing for secret-ballot elections and majority rule for determining whether a firm's employees were to unionize; and (3) creating the National Labor Relations Board (NLRB) for enforcing these two provisions.

From the case under study it is in line with the legal requirements that the TSA can file a legal petition for reinstatement (Cooper, 2012)., it is clear that the employer entered into this agreement knowingly and ready to abide by the rules and regulations only to deny doing as required by the law and refuse the reinstating of the employees The NLRB is guided by the National Labor Relations Act and has several responsibilities towards the employees. It is under the National Labor Relations Act that the employees who are not represented by a union get their rights protected. Some of the areas where they are assured of the protection are when employees wish to address their employer on pay, when the workers are discussing issues related to work beyond pay such as safety concerns, and when a worker speaks to the employer on behalf of other employees (Schwartz, 1983).

The National Labor Relations Board officially certified the union in a case settlement and ruled that the company violated the law by failing

A labor union is an organization that acts on behalf of all employees in negotiations with the employer regarding the terms of their employment. The objectives of labor unions include creating a seniority system to protect workers’ jobs from arbitrary layoffs and replacement with less demanding wage earners; upgrading worker status through wage and fringe benefit increases; and sponsoring laws that improve social, economic, and political conditions for workers. The Taft-Hartley Act established a system for helping labor and management settle their disputes without causing a major disruption in the economy or endangering the public health and safety through a collective bargaining process.