A. The union certification process established by the NLRA in 1935 was initially a great victory for workers wanting union representation. B. Firing union supporters was made illegal; and rather than having to strike for recognition, workers could petition the NLRB for a democratic determination of whether a majority of workers favored unionizing. C. In the first few years after 1935, the NLRB used a variety of methods to determine majority status: 1. Authorization cards 2. Petitions 3. Union membership applications 4. Employee affidavits of membership 5. Strike participation 6. Employee testimony D. 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)]. E. Later the Supreme Court ruled that an employer can request a secret ballot election, even if majority status as indicated …show more content…
Criticisms of the NLRA Certification Process 1. Labor unions and their supporters frequently argue that employer resistance, including campaigning during representation elections, is primarily responsible for the extended decline in U.S. union density. 2. Following are the three aspects of the NLRA certification process most frequently criticized: • Unequal access to employees—employers can meet with employees informally, conduct captive audience meetings, enforce no solicitation rules against union organizers, and limit employee use of company e-mail while unions merely get a list of employee addresses after the election date is set; possibilities for reform include banning employer captive audience meetings, giving unions the right to hold captive audience meetings, requiring a certain number of campaign debates, or allowing unions to send e-mail messages using the company’s system, making Excelsior lists available at any time, or after a union collects 30 percent signed authorization cards, or to include employee e-mail addresses as part of the Excelsior
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
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.
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.
UNITED STATES NATIONAL LABOR RELATIONS BOARD, LEGISLATIVE HISTORY OF THE NATIONAL LABOR RELATIONS ACT, 1935 (1959).
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 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
once the candidate gets into office. This also leads to mistrust of the union. While some are
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 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,
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
Today labor unions are not as popular due to the “right to work” movement. This law prohibits any worker from being a part of a labor union or pay dues; many states have jumped on board for this movement. One of those states being Florida, there are calls in government for a national right to work law. This law does not ban unions but it does help the economy. Many argue that businesses grow in states that invoke right to work laws since they will not require businesses to follow special laws for workers in unions. The right to work movement has helped undermine the power of union workers. Jennifer Schaubach for the Minnesota AFL-CIO states on her website that “…employees who are basically under union contracts will receive 28 percent more in wages and benefits than workers that are not in unions” (Schaubach). Union members are of course outraged that their jobs are not guaranteed anymore in right to work states. Union workers argue that the right to work laws undermine the procedure to fire a worker for a legitimate
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
The past of Unions is indisputable; however, the outlook can be altered to form a promising future. The reversal of history can be done through reconstruction and restatement of workers rights. A reestablishment of worker liberties should be considered in order to clarify any confusion in which present and prospective employees are faced with. Unions are notorious for being tyrannical and inconsiderate towards employees and thus union heads should confront this issue head on and give workers a voice (i.e. vote). In order to regain union strength in today’s society I believe Unions must give workers honorable rights and a democratic right to be heard.
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