Chapter 3, Part I LABOR LAW

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Chapter 3, Part ILABOR LAW
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LABOR LAW

• Four main federal laws are the statutory basis
  for labor law and unionization
• Norris-LaGuardia Act of 1932
• Wagner Act of 1935
• Taft-Hartley Act
• Landrum-Griffin Act of 1959

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The Norris-LaGuardia Act

• Endorsed collective bargaining as a matter of
  public policy
• Curtailed use of the injunction
• Made yellow dog contracts unenforceable
• Prohibited restraint of strikes and picketing
• Permitted relief funds from union to strikers and
  publication of labor disputes

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The Wagner/NationalLabor Relations Act

• Mainstay of seminal labor legislation
• Established National Labor Relations Board to
  enforce labor laws in the private sector
• Gave both judicial and remedial powers to NLRB
• Guarantees employees the right to engage in
  concerted activities for mutual aid or protection

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The Wagner/NationalLabor Relations Act

• Allowed for the certification and decertification
  of unions
• Shop stewards are intermediaries between union
  and employer
• Industrial unions are unions with branches at
  particular workplaces
• Business agents represent union members
  interests at a given jobsite
• Employers must bargain in good faith
• Unions have duty of fair representation
• Prohibits other unfair labor practices
• Permits certain strikes and lockouts as well as
  picketing

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The Taft-Hartley Act

• Enacted as an amendment to Wagner Act to curb
  excesses by unions
• Subordinated rights of employers, employees and
  unions to public health, safety and interest
• Identified unfair labor practices committed by
  unions
• Recognized right of employee to refrain from
  concerted activity

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The Taft-Hartley Act

• Outlawed closed shops
• Employee must become a member of the union to
  obtain a job
• Allowed for agency shops and union shops
• Agency shops require nonunion members to pay
  union dues
• Union shops require employees to join the union
  with a certain amount of time after becoming
  employed
• Permitted right-to-work laws

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The Landrum-Griffin Act

• Labor Management Reporting and Disclosure Act
• Enacted in response to union corruption
• Provided a bill of rights for union members
• Provided procedures for conduction of union
  elections
• Provided for safeguarding of union funds

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Organization of the Board

• www.nlrb.gov/nlrb/legal/manuals/rules/rrorgchart.a
  sp

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NLRB handles two types of cases

• Those alleging that an unfair labor practice has
  taken place in violation of the act
• Representation questions concerning whether how
  employees will be represented for collective
  bargaining
• Board does not initiate these cases.

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UNFAIR LABOR PRACTICE PROCEDURE

• http//www.nlrb.gov/nlrb/about/reports/gpra_03atta
  ch_b.pdf.

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REPRESENTATION ELECTIONS

• http//www.nlrb.gov/nlrb/shared_files/brochures/en
  grep.asp