The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges.
The Labor Management Reporting and Disclosure Act of 1959, is a US labor law that regulates labor unions' internal affairs and their officials' relationships with employers.
The rights and duties for employees, labor unions, and employers are set by labor law in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. Among the NLRB's chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union. Congress amended the Act in 1947 through the Taft–Hartley Act to give workers the ability to decertify an already recognized or certified union as well. This article describes, in a very summary manner, the procedures that the NLRB uses to hold such elections, as well as the circumstances in which a union may obtain the right to represent a group of employees without an election.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 29 U.S.C. § 151–169 and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB).
The National Labor Board (NLB) was an independent agency of the United States Government established on August 5, 1933, to handle labor disputes arising under the National Industrial Recovery Act (NIRA).
Card check, also called majority sign-up, is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards", stating they wish to be represented by the union. Since the National Labor Relations Act (NLRA) became law in 1935, card check has been an alternative to the National Labor Relations Board's (NLRB) election process. Card check and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
The Employee Free Choice Act is the name for several legislative bills on US labor law which have been proposed and sometimes introduced into one or both chambers of the U.S. Congress.
The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace is a legal treatise written by Charles J. Morris which analyzes collective bargaining under the National Labor Relations Act (NLRA), the federal statute governing most private sector labor relations in the United States. Published in 2005 by Cornell University Press, the text claims that the NLRA guarantees that employees under that Act have the right to bargain collectively through minority unions—but only on a members-only basis—in workplaces where there is not an established majority union, notwithstanding that the present practice and general understanding of the law is that only majority-union employees are entitled to engage in collective bargaining on an exclusivity basis. Contracts resulting from such minority-union bargaining would apply to union members only, not to other employees.
NLRB v. Truck Drivers Local 449, 353 U.S. 87 (1957), is an 8-0 decision by the Supreme Court of the United States in which the Court held that a temporary lockout by a multi-employer bargaining group threatened by a whipsaw strike was lawful under the National Labor Relations Act (NLRA), as amended by the Taft-Hartley Act.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Paul M. Herzog was an American lawyer, educator, civil servant, and university administrator. He was chairman of the United States National Labor Relations Board from 1945 to 1953.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
The Save Our Secret Ballot, Inc. (SOS) is a 501(c)(4) conservative advocacy organization created to promote states to pass constitutional amendments that would ban card check legislation. Former U.S. Congressman Ernest Istook (R-OK) is Chairman of the National Advisory Board.
Guy Otto Farmer was an American lawyer and civil servant. He was Chairman of the United States National Labor Relations Board from July 1953 to August 1955. After leaving government service, he represented the Bituminous Coal Operators Association, the collective bargaining arm of the bituminous coal mining industry in the United States.
Electromation Inc 309 NLRB No 163 (1992) is a US labor law case related to employer domination of labor organizations.
Joy Silk was a doctrine of the US National Labor Relations Board in effect from 1949 to 1966. The doctrine arose from Joy Silk Mills, Inc., 85 NLRB 1263 (1949) and was replaced by the Gissel doctrine after NLRB v. Gissel Packing Co. (1969). The doctrine holds that "if a union provides evidence that a majority of workers want to unionize", the employer should voluntarily recognize the union by default unless they have "good faith doubt" regarding that evidence. Further, "if there’s an unfair labor practice, meaning the employer broke the law, then it is presumed that the workers wanted to join a union".
A captive audience meeting is a mandatory meeting during working hours, organized by an employer with the purpose of discouraging employees from organizing or joining a labor union. It is considered a union busting tactic. Critics allege that captive audience meetings are used to intimidate workers and spread misinformation; employees can be fired for failing to participate in the meeting or for asking questions. In the United States, the National Labor Relations Act of 1935 (NLRA) broadly permits captive audience meetings but does not allow them to be held in the final 24 hours prior to a union election. Employers defend the practice as protected free speech; critics view the practice as an infringement on workers' rights not to listen.
