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MGT 334 Labor Development & Legislation: The NLRA Part One: Intro & Overview

MGT 334 Labor Development & Legislation: The NLRA Part One: Intro & Overview

Organized Labor and the NLRA

  • Organized Labor is a term that refers to the collective organization of workers, typically through unions, to negotiate with employers over terms and conditions of work.

  • National Labor Relations Act (NLRA) is a foundational statute for labor law in the United States that governs the relationships between unions and employers.

    • Major components include:

    • Representation

    • Duty of Fair Representation

    • Collective Bargaining

    • The Collective Bargaining Agreement (CBA)

    • Unfair Labor Practices (ULPs)

    • Picketing and Strikes

    • Public-Sector Labor Relations

Labor Law

  • Labor Law pertains to the body of laws that regulate the rights and duties of workers and employers. It includes the following key issues:

    • Employee Organized Activity

    • Hours of Work

    • Pay

    • Terms & Conditions of Employment

    • Applicability of Laws: Questions arise about whether existing laws apply to specific situations and what they require.

Criminal Conspiracy

  • Definition: A crime that may be committed when two or more persons agree to do something unlawful. This concept can intersect with labor law if unions or workers engage in collective actions perceived as illegal.

Labor Development in America

Late 1700s – Early 1800s

  • The industrial revolution sparked significant labor development, leading to increased organization among workers.

Mid-1800s

  • The Massachusetts Supreme Court case Commonwealth v. Hunt (1842) made it more difficult to apply laws against labor organizations, establishing a precedent that not all labor activities were illegal as long as their objectives and means were lawful.

The Post–Civil War Period (1865 – Early 1900s)

  • This era saw a rise in violent strikes and labor unrest as individuals became easier to replace in the workforce due to assembly lines.

  • Significant labor organizations emerged:

    • The Knights of Labor (1869)

    • The American Federation of Labor (AFL) (1886)

    • The Industrial Workers of the World (IWW) (1905)

Employment at Will

  • This doctrine permits employers to terminate employees for any reason that is not illegal, and conversely, it allows employees to leave a job for any reason.

Legal Framework Impacting Labor Movements

Injunctions

  • Definition: A court order to prohibit an action or command the righting of a wrongdoing typically used in labor disputes to prevent strike actions.

Yellow-Dog Contracts

  • Definition: Employment contracts that required employees to pledge not to join a union; courts historically enforced these contracts, allowing employers to condition employment based on non-membership in unions.

Antitrust Laws

  • Sherman Antitrust Act (1890): This act outlawed monopolistic practices and restraints of trade. It allowed private individuals and entities to sue for damages and empowered federal courts to issue injunctions against violators.

Early Legislation Affecting Labor

The Railway Labor Act (1926)

  • Allowed railroad employees to select their own bargaining representatives and established dispute resolution procedures.

    • Significant amendments were made in 1934, 1936, 1951, and 1966 to further protect employees.

Federal Employers Liability Act (1908)

  • Aimed at addressing the high accident rate in the railroad industry, this act provided compensation to injured railroad workers and promoted uniform standards in safety practices.

The Norris–La Guardia Act (1932)

  • Key Provisions:

    • Prohibited federal courts from issuing injunctions in labor disputes except under strict conditions.

    • Declared yellow-dog contracts unenforceable by federal courts, reversing previous interpretations regarding labor unions’ economic influence.

State Anti-Injunction Laws

  • Many states enacted their own versions of anti-injunction laws, often referred to as “little Norris–La Guardia Acts,” limiting court authority in labor disputes.

The National Industrial Recovery Act (NIRA) (1933)

  • Created a framework to ensure fair competition across industries.

  • It faced criticism and was declared unconstitutional in Schechter Poultry Corp v US (1935).

The National Labor Relations Act (NLRA) (1935)

  • Emphasized the right of employees to organize, highlighted unfair labor practices, and promoted collective bargaining to address labor disputes.

  • Upheld by the Supreme Court in NLRB v Jones & Laughlin Steel Corp (1937), which underscored the importance of protecting interstate commerce from labor unrest.

Key Legislation from the New Deal Era (1933 – 1939)

  1. The Social Security Act (1935): Offered pensions to retired workers.

  2. The Walsh-Healy Act (1936): Set employment standards for federal contractors.

  3. The Merchant Marine (Jones) Act (1936): Provided remedies for injured sailors.

  4. The Fair Labor Standards Act (1938): Established minimum wage laws, overtime pay, and child labor restrictions.

Trends in the Labor Movement (1950s–1960s)

  • Union goals during this period:

    • Ensuring job security amidst technological advances.

    • Securing new benefit types for workers.

    • Maintaining stable wages despite economic fluctuations.

  • 1955: The merger of the AFL and CIO established the dominant labor organization in America known as AFL-CIO.

Post-World War II Decline of Organized Labor

  • Union membership in the private sector peaked in the 1950s, subsequently entering a period of decline.

  • Factors contributing to the decline:

    • Abuses of Union Power

    • Globalization

    • Increase in Individual Employee Rights

Urgency of Rules under the NLRA

  • The NLRA Section 7 provides rights to employees regarding their ability to organize, collectively bargain, and engage in concerted activities for protection.

  • Sections 8(a) and 8(b) outline the unfair labor practices by employers and unions, respectively.

  • Specific Employer Prohibitions under NLRA Section 8(a) include:

    1. Interfere with, restrain, or coerce employees regarding Section 7 rights.

    2. Dominate or support unions financially.

    3. Discriminate in hiring or employment terms to regulate union membership.

    4. Discharge or discriminate against employees for engaging in protected activities.

    5. Refusal to bargain with a union.

  • Specific Union Prohibitions under NLRA Section 8(b) include:

    1. Restrain or coerce employees regarding their Section 7 rights.

    2. Encourage discriminatory practices by employers against employees.

    3. Refusal to bargain with employers.

    4. Engage in secondary boycotts or picketing.

  • Similar Prohibitions exist for both employers and unions preventing interference with employees' rights.

Duties Under the NLRA

  • Employers and unions have specific duties, including the Duty to Bargain in Good Faith and the Duty of Fair Representation.

The NLRB Process

  • The National Labor Relations Board (NLRB) oversees enforcement of the NLRA, including handling unfair labor practice charges and representation elections:

    1. Charge Filing: Charges can be filed by employees, unions, or employers within six months of an alleged violation.

    2. Investigation: The Regional Director investigates the claim.

    3. Administrative Law Judges (ALJ) assess the case, leading to decisions by the NLRB.

    4. Appeals can be made to a Court of Appeals and potentially to the US Supreme Court for final resolution.