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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 National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The duty of fair representation is incumbent upon Canadian and U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination.
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.
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States. It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
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.
The history of union busting in the United States dates back to the Industrial Revolution in the 19th century. The Industrial Revolution produced a rapid expansion in factories and manufacturing capabilities. As workers moved from farms to factories, mines and other hard labor, they faced harsh working conditions such as long hours, low pay and health risks. Children and women worked in factories and generally received lower pay than men. The government did little to limit these conditions. Labor movements in the industrialized world developed and lobbied for better rights and safer conditions. Shaped by wars, depressions, government policies, judicial rulings, and global competition, the early years of the battleground between unions and management were adversarial and often identified with aggressive hostility. Contemporary opposition to trade unions known as union busting started in the 1940s, and continues to present challenges to the labor movement. Union busting is a term used by labor organizations and trade unions to describe the activities that may be undertaken by employers, their proxies, workers and in certain instances states and governments usually triggered by events such as picketing, card check, worker organizing, and strike actions. Labor legislation has changed the nature of union busting, as well as the organizing tactics that labor organizations commonly use.
Wallace Corporation v. National Labor Relations Board, 323 U.S. 248 (1944), is a US labor law case of the United States Supreme Court.
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.
National Labor Relations Board v. Fansteel Metallurgical Corporation, 306 U.S. 240 (1939), is a United States Supreme Court case on labor laws in which the Court held that the National Labor Relations Board had no authority to order an employer to reinstate workers fired after a sit-down strike, even if the employer's illegal actions triggered that strike.
Sure-Tan, Inc. v. National Labor Relations Board, 467 U.S. 883 (1984) is a United States labor law case that resulted in a split decision before the Supreme Court of the United States. By a 7-2 majority, the Court ruled that undocumented immigrant workers were “employees” covered by the National Labor Relations Act of 1935 (NLRA). However, by a 5-4 majority the Court ruled that the National Labor Relations Board (NLRB) was limited in its remedies for penalizing employers who fired undocumented workers for union organizing in violation of the NLRA. The decision was one of a series limiting the rights of immigrant workers and the power of the NLRB culminating with Hoffman Plastic Compounds, Inc. v. NLRB.
As of June 2023, over 8,000 workers at over 360 Starbucks stores in at least 40 states in the United States have voted to unionize, primarily with Workers United. As of March 2023 none have yet enacted a collective bargaining agreement. This unionization effort started at a store in Buffalo, New York. About a third of Starbucks' Chilean workforce is already unionized, as well as 450 workers in New Zealand and eight stores in Canada. The longest Starbucks strike lasted 64 days, took place in Brookline, Massachusetts in September 2022 and resulted in the unionization of the employees at that location.
NLRB v. Gissel Packing Co., Inc., 395 U.S. 575 (1969) was a unanimous United States Supreme Court case clarifying the application of the National Labor Relations Act after the Taft-Hartley Amendments, particularly the application of union authorization cards.
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.
Starting in 2022, workers from several Trader Joe's grocery stores have voted on whether to unionize. A store in Hadley, Massachusetts, became the first to unionize and created Trader Joe's United, an independent union unaffiliated with national unions. Stores in Minneapolis, Louisville, and Oakland joined them. Other workers have organized with the United Food and Commercial Workers. Trader Joe's, a chain with over 500 locations and over 50,000 employees, is known for its neighborhood store vibe and over-the-top customer service, which has sometimes clashed with its working conditions. Corporate management has a history of resisting staff unionization efforts. Driven by COVID-19 pandemic working conditions, American service sector organization increased, and Trader Joe's worker concerns over safety, pay, and benefits contributed to their union drive.
References
- ↑ Ian Ward (7 June 2022). "The Lie That Helped Kill the Labor Movement". Politico.
- 1 2 Kristin Toussaint (11 February 2022). "The Joy Silk doctrine: How a small change to labor law could have huge benefits for organizing workers". Fast Company.
- ↑ Brandon Magner. "The New York Times Makes The NLRB's Case For Reviving The 'Joy Silk' Doctrine". Labor Lab. Retrieved 14 April 2022.
- ↑ Michael Sainato (11 March 2022). "US workers in new push for level playing field in unionization efforts". The Guardian .
- ↑ Daniel Wiessner (25 August 2023). "NLRB paves way for workers to unionize without formal elections". Reuters.
- ↑ Dave Jamieson (1 September 2023). "This New Landmark Case Is A 'BFD' — And Huge For Workers". HuffPost.
- ↑ Robert Iafolla (25 August 2023). "Unions Score Big Win as NLRB Eases Path to Representation (3)". Bloomberg Law.