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 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.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
United States labor law sets the rights and duties for employees, labor unions, and employers 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 is no federal law, 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.
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
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).
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 Remington Rand strike of 1936–1937 was a strike by a federal union affiliated with the American Federation of Labor (AFL) against the Remington Rand company. The strike began in May 1936 and ended in April 1937, although the strike settlement would not be fully implemented until mid-1940.
A wildcat strike action, often referred to as a wildcat strike, is a strike action undertaken by unionised workers without union leadership's authorisation, support, or approval; this is sometimes termed an unofficial industrial action. The legality of wildcat strikes varies between countries and over time, although they are not typically criminal offenses.
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.
The Association of Western Pulp and Paper Workers (AWPPW) is a trade union in the western United States affiliated with the United Brotherhood of Carpenters and Joiners of America. It was established 59 years ago in September 1964, when West Coast rank-and-file members of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers became dissatisfied with the conduct of wage negotiations by international vice-presidents and those of another international union, the United Papermakers and Paperworkers, with whom a Uniform Labor Agreement had been negotiated. The dissatisfaction was a result of the international Vice Presidents announcing that they were taking over the United Labor Association bargaining session. They established a new union, the Association of Western Pulp and Paper Mill Workers. Litigation followed, a NLRB election was conducted in October 1964, and the Western organization was certified as the Uniform Labor Agreement bargaining agent. In 1994, it affiliated with the United Brotherhood of Carpenters and Joiners of America.
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.
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.
Eva McDonald Valesh was an American journalist and labor rights activist. Valesh was an activist for, and reported on conditions of laborers in Minnesota's garment factories. She was also a speaker for the Knights of Labor movement and the National Farmer's Alliance.
JI Case Co. v. National Labor Relations Board, 321 U.S. 332 (1944), is a United States Supreme Court case dealing with labor law. Workers at the company's factory had voted to unionize, but J.I. Case Company had refused to negotiate with the new union, and tried to enforce old contracts instead. The court upheld the NLRB's decision that they'd violated the National Labor Relations Act, but said that the NLRB had to re-word the order it had issued.
Some warehouse workers of Amazon, the largest American e-commerce retailer with 750,000 employees, have organized for workplace improvements in light of the company's scrutinized labor practices and stance against unions. Worker actions have included work stoppages and have won concessions including increased pay, safety precautions, and time off. There are unionized Amazon workers in both the United States and Europe.
The 1964–1965 Scripto strike was a labor strike that involved workers for the Scripto company in Atlanta, Georgia, United States. The strike began on November 27, 1964, and lasted until January 9, 1965, when the company and union agreed to a three-year contract that included wage increases and improved employee benefits. The strike was an important event in the history of the civil rights movement, as both civil rights leaders and organized labor activists worked together to support the strike.
