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.
In the United States,a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause,the president is empowered to nominate,and with the advice and consent (confirmation) of the Senate,make appointments to high-level policy-making positions in federal departments,agencies,boards,and commissions,as well as to the federal judiciary. A recess appointment under Article II,Section 2,Clause 3 of the Constitution is an alternative method of appointing officials that allows the temporary filling of offices during periods when the Senate is not in session. It was anticipated that the Senate would be away for months at a time,so the ability to fill vacancies in important positions when the Senate is in recess and unavailable to provide advice and consent was deemed essential to maintain government function,as described by Alexander Hamilton in No. 67 of The Federalist Papers.
Nathan Witt,born Nathan Wittowsky,was an American lawyer who is best known as being the Secretary of the National Labor Relations Board (NLRB) from 1937 to 1940. He resigned from the NLRB after his communist political beliefs were exposed,and he was accused of manipulating the Board's policies to favor his own political leanings. He was also investigated several times in the late 1940s and 1950s for being a spy for the Soviet Union in the 1930s. No evidence of espionage was ever found.
The Labor and Worklife Program (LWP) at Harvard Law School is described as "Harvard University's forum for research and teaching on the world of work and its implications for society." The LWP grew out of the Harvard Trade Union Program (HTUP),an executive training program for labor leaders around the world that had been founded in 1942. Designed to provide a broader platform for research on transformations in the world of work,the Labor and Worklife Program was launched in September 2002 and joined the many research centers housed at Harvard Law School.
Arnold M. Zack has served as an arbitrator and mediator of labor management disputes since 1957. Born on October 7,1931,in Lynn Massachusetts,he is a graduate of Tufts College,Yale Law School and the Harvard University Graduate School of Public Administration. He was a Fulbright Scholar,a Wertheim Fellow,President of the National Academy of Arbitrators and member of the College of Labor and Employment Lawyers. He served as a judge of the Asian Development Bank Administrative Tribunal and was President of the Tribunal since 2010. He also served and taught as senior research associate at the Labor and Worklife Program of Harvard Law School and the Harvard Trade Union Program since 1985.
Ketanji Onyika Brown Jackson is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25,2022,and confirmed by the U.S. Senate and sworn into office that same year. She is the first black woman and the first former federal public defender to serve on the Supreme Court. From 2021 to 2022,Jackson was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
Seth D. Harris is an American attorney,academic,and former government official. Harris served under President Barack Obama as the 11th United States Deputy Secretary of Labor from 2009 to 2014. Nominated in February 2009,Harris was unanimously confirmed by the U.S. Senate in May 2009,and became acting Secretary of Labor for six months following the resignation of Hilda Solis in January 2013. Harris was also a member of the Overseas Private Investment Corporation's Board of Directors. Harris stepped down from his post on January 16,2014.
Joseph Warren Madden was an American lawyer,judge,civil servant,and educator. He served as a judge of the United States Court of Claims and was the first Chairman of the National Labor Relations Board. He received the Medal of Freedom in 1947.
Harold Craig Becker,known professionally as Craig Becker,is an American labor attorney,a former member of the National Labor Relations Board,and currently the Senior Counsel to the AFL–CIO.
Wilma B. Liebman is an American lawyer and civil servant who is best known for serving as a member of the National Labor Relations Board (NLRB). She was designated chair of the board by President Barack Obama on January 20,2009,becoming only the second woman to lead the NLRB.
Amy Sauber Berman Jackson is an American attorney and jurist serving as a senior United States district judge of the United States District Court for the District of Columbia.
John Cushman Truesdale Jr. was an American lawyer and civil servant who served two terms as executive secretary of the National Labor Relations Board,four terms as a board member,and one term as board chair.
National Labor Relations Board v. Noel Canning,573 U.S. 513 (2014),was a United States Supreme Court case in which the Court unanimously ruled that the President of the United States cannot use his authority under the Recess Appointment Clause of the United States Constitution to appoint public officials unless the United States Senate is in recess and not able to transact Senate business. The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses but only if the recess is of sufficient length,and if the Senate is actually unavailable for deliberation,thereby limiting future recess appointments. The Court also ruled that any office vacancy can be filled during the recess,regardless of when it arose. The case arose out of President Barack Obama's appointments of Sharon Block,Richard Griffin,and Terence Flynn to the National Labor Relations Board and Richard Cordray as the director of the Consumer Financial Protection Bureau.
Benjamin I. Sachs is Kestnbaum Professor of Labor and Industry at Harvard Law School,a chair previously held by Harvard economist James L. Medoff (1947-2012). A member of the Advisory Committee of the Labour Law Research Network,he also serves as a faculty co-chair of the Labor and Worklife Program at Harvard Law School. He is co-founder of the blog OnLabor.
Peter Barr Robb is an American lawyer who was the general counsel of the National Labor Relations Board (NLRB). He was appointed to the position by President Donald Trump. He was fired by President Joe Biden on January 20,2021,after he refused to resign. According to his critics,Robb has advanced pro-business and anti-labor causes both in and out of government.
Mark Gaston Pearce is an American lawyer,arbitrator and university professor who is best known for serving as a member of the National Labor Relations Board (NLRB). Pearce was designated chairman of the board by President Barack Obama on August 28,2011,and served as chairman until January 22,2017. He currently is a visiting professor and the executive director of the Workers' Rights Institute at Georgetown University Law Center.
Lauren McFerran is an American lawyer and government official who is a member and chairman of the National Labor Relations Board. She is one of three Democrats currently serving on the board. Prior to serving on the board,she worked as a law clerk,in private practice,and as a labor lawyer for the Senate Committee on Health,Education,Labor,and Pensions.
SeemaNanda is an American government official currently serving as the United States solicitor of labor in the Biden administration.
Jennifer Ann Abruzzo is an American attorney and government official who serves as General Counsel at the National Labor Relations Board (NLRB). She previously was Special Counsel for Strategic Initiatives for Communications Workers of America (CWA),the largest media and communications union in the United States. She had previously worked for the NLRB for over 20 years in a number of positions,including Deputy General Counsel and Acting General Counsel.
