CHAPTER SEVENTEEN

Labor Law

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Section 7 of the National Labor Relations Act gives employees the right to organize, form, join, or assist labor organizations, and to collectively bargain

It also gives employees the right to refrain from these activities

Statutory Basis

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Coming Togetheron Issues

Collective bargaining is negotiations and agreements between management and labor about wages, hours, and other terms and conditions of employment

Prior to current legislation– Criminal conspiracy laws allowed

conviction of employees engaging in union activities

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– Injunctions were used to stop collective bargaining activities

Enforced yellow dog contracts

– Antitrust legislation was applied to union activities until Clayton Act of 1914

– Supreme courts challenged constitutionality of early legislation

World War I brought beginning of legislation of labor disputes– National War Labor Relations Board– National Industry Recovery Act– National Labor Relations Board

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Labor Laws

Four main federal laws are the statutory basis for labor law and unionization– Norris-LaGuardia Act of 1932– Wagner Act of 1935– Taft-Hartley Act– Landrum-Griffin Act of 1959

Each will be explored individually…

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The Norris-LaGuardia Act

Endorsed collective bargaining as a matter of public policy

Curtailed use of the injunction Made yellow dog contracts

unenforceable Prohibited restraint of strikes and

picketing Permitted relief funds from union to

strikers and publication of labor disputes

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The Wagner/NationalLabor Relations Act

Mainstay of seminal labor legislation Established National Labor

Relations Board to enforce labor laws in the private sector– Gave both judicial and remedial powers

to NLRB Guarantees employees the right to

engage in concerted activities for mutual aid or protection

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Allowed for the certification and decertification of unions– Shop stewards are intermediaries

between union and employer– Industrial unions are unions with

branches at particular workplaces– Business agents represent union

members’ interests at a given jobsite– Employers must bargain in good faith– Unions have duty of fair representation– Prohibits other unfair labor practices– Permits certain strikes and lockouts as

well as picketing

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The Taft-Hartley Act

Enacted as an amendment to Wagner Act to curb excesses by unions

Subordinated rights of employers, employees and unions to public health, safety and interest

Identified unfair labor practices committed by unions

Recognized right of employee to refrain from concerted activity

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Outlawed closed shops– Employee must become a member of

the union to obtain a job Allowed for agency shops and union

shops– Agency shops require nonunion

members to pay union dues– Union shops require employees to join

the union with a certain amount of time after becoming employed

Permitted right-to-work laws

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The Landrum-Griffin Act

Labor Management Reporting and Disclosure Act

Enacted in response to union corruption

Provided a bill of rights for union members

Provided procedures for conduction of union elections

Provided for safeguarding of union funds

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Labor Relations in the Public Sector

Federal employees exempted from NLRA– Given right to form and join unions in

1962– Federal unions prohibited from

bargaining over wages and benefits and from striking

– Federal labor law administered by Federal Labor Relations Authority, established by Civil Service Reform Act of 1978

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State, county and municipal employees– Professional associations – Craft unions– Industrial-type union– Most not allowed to strike because of

public health and safety and sovereignty doctrine

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ManagementConsiderations

Do not try to negatively influence a decision to unionize

Do not assume conversations with employees will remain confidential

Conduct all negotiations only with union representatives

Bargain in good faith Know what the law requires Keep lines of communication open