Pros And Cons Of The LRA Certification Process

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.

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 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.

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

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

Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4) agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631). Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and so must limit

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

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

Labor Unions: Aging Dinosaur or Sleeping Giant? The Labor Movement and Unionism Background and Brief History Higher wages! Shorter workdays! Better working conditions! These famous words echoed throughout the United States beginning in “1790 with the skilled craftsmen” (Dessler, 1997, p. 544). For the last two-hundred years, workers of all trades have been fighting for their rights and “seeking methods of improving their living standards, working conditions, and job security” (Boone, 1996,p.287). As time went by, these individuals came to the conclusion that if they work together collectively, they would grow stronger to get responses to their demands. This inspired into what we know today as labor unions. “A labor union

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,

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

Organized labor has seen a long and ever changing history in the United States. What began as minimal organized labor movement catapulted into astronomical union membership rates as the nation grew and developed. The intense power unions possessed only lasted so long and in the years since 1970, union membership in the United States has collapsed. This paper will examine the most significant reasons for the decline in membership. In brief, organizational redesigns, the development of technology and substantial public policy changes have all contributed to the drop in affiliation rates. In addition, policy suggestions will be provided in an attempt to support the continuation of the trend. Much of the research regarding this topic refers to

Labor Unions have had an effect of American history as well as world-wide history from the time they became popular. Following WWII Americans were predominantly pro-labor, however, as time went on union’s credibility fell short of perfect. Union strikes proved to be bothersome to both the general public and company. Unions were also suppressing to employees through fraud and lack of worker rights (in earlier years, before Acts were passed). Although Union labor had its shortcomings, this type of labor is noted to be the most productive and economically beneficial. With both sides shown, I feel Unions will again thrive in the future with a few key adjustments made.

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).