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.
United States labor law sets the rights and duties for employees, labor unions, and employers in the USA. 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.
National Labor Relations Board v Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937), was a United States Supreme Court case that upheld the constitutionality of the National Labor Relations Act of 1935, also known as the Wagner Act. The case represented a major expansion in the Court's interpretation of Congress's power under the Commerce Clause and effectively spelled the end to the Court's striking down of New Deal economic legislation.
Roger Milliken was an American textile heir, industrialist, businessman, and political activist. He served as President and then CEO of his family's company, Milliken & Company, from 1947 until 2005. He continued to serve as Chairman of the Board until his death in 2010. Milliken is known as a political godfather to the American conservative movement.
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).
Milliken & Company is an American industrial manufacturer that has been in business since 1865. With corporate headquarters located in Spartanburg, South Carolina, the company is active across a breadth of disciplines including specialty chemical, floor covering, performance and protective textile materials, and healthcare.
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.
A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".
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.
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), is a United States labor law decision in which the Supreme Court of the United States denied an award of back pay to an undocumented worker, José Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant, along with several other employees. The case was originally filed against Hoffman by Dionisio Gonzalez, an organizer with the United Steelworkers.
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.
Howard Johnson Co. v. Detroit Local Joint Executive Board, 417 U.S. 249 (1974), is a US labor law case that decided that under the Labor Management Relations Act § 301 there can be no obligation on an employer to collectively bargain with employees of a business that has been transferred to him.
United States v. Silk, 331 U.S. 704 (1947), was a United States Supreme Court case regarding US labor law. The case concerned the scope of protection for employees under the Social Security Act 1935.
South Prairie Construction Co. v. Local No 627, International Union of Operating Engineers, AFL-CIO, 425 U.S. 800 (1976), is a US labor law case, concerning the scope of labor rights in the United States.
Garner v. Teamsters Local 776, 346 U.S. 485 (1953), is a US labor law case, concerning the scope of federal preemption against state law for labor rights.
Textile Workers Union of America v Darlington Manufacturing Co Inc380 US 263 (1965) is a US labor law case, concerning the right to organize.
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.
