National Labor Relations Act

From Wikipedia

The National Labor Relations Act of 1935 was a common year starting on Tuesday (link will take you to calendar). Contents // 1 Events 1.1 January 1.2 February-May 1.3 June-August 1.4 September-October 1.5 November-December 1.6 unknown dates 2 Year in topic 3 Births 3.1 January-February... 1935 (or Portrait of Robert F. Wagner in the U.S. Senate Reception Room Robert Ferdinand Wagner (8 June 1877–4 May 1953) was a U.S. Senator from New York. He was born in Nastatten, Province Hesse-Nassau, Germany and immigrated with his parents to the United States in 1885... Wagner Act) protects the rights of most workers in the private sector of the The United States of America — also referred to as the United States, the U.S.A., the U.S., America¹, the States, or (archaically) Columbia — is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii... United States to organize A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... unions, to engage in Collective bargaining is the process of negotiation between trade unions (or labor unions, as they are called in the USA) and employers (represented by management) in respect of the terms and conditions of employment of employees, such as wages, hours, working conditions and grievance procedures, and about the rights and... collective bargaining over wages, hours, and terms and conditions of employment, and to take part in Strike action (or simply strike) describes collective action undertaken by groups of workers in the form of a refusal to perform work. This is a tactic often employed by labor unions during collective bargaining with an employer. However, it is also common for workers to strike without the sanction of... strikes and other forms of concerted activity in support of their demands. The Act does not, on the other hand, cover those workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, independent contractors and some close relatives of individual employers.

Table of contents

1 The original Act

2 Enforcement of the Act

3 Amendment of the Act

4 See also

The original Act

The Wagner Act established a federal agency, the In the United States the National Labor Relations Board (NLRB) is a five-person appointed federal agency charged with conducting elections for labor union representation and with investigating and remedying unfair labor pratices. The NLRB was established in 1935 through passage of the National Labor Relations Act, better known as... National Labor Relations Board, with the power to investigate and decide unfair labor practice charges and to conduct elections in which workers were given the opportunity to decide whether they wanted to be represented by a union. The NLRB was given more extensive powers than the much weaker organization of the same name established under the The United States National Industrial Recovery Act (NIRA) of June 16, 1933 established codes of fair competition Categories: 1933 in law | United States history stubs ... National Industrial Recovery Act, which the The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... United States Supreme Court had declared to be unconstitutional.

In its original version, passed in the midst of the The Great Depression was a global economic slump that began in 1929 and bottomed in 1933. However, most of the remainder of the 1930s was spent recovering from the contraction, and it would be well after World War II when such indicators as industrial production, share prices and global GDP... Great Depression, the Wagner Act only prohibited unfair labor practices by employers. Congress amended it twelve years later to impose a number of restrictions on unions and to limit the application of the Act in other ways; that package of amendments is commonly known as the The Taft-Hartley Act severely restricted the activities and power of labor unions in the United States. The Act, officially known as the Labor-Management Relations Act, was sponsored by Senator Robert Taft and Representative Fred Hartley. U.S. President Harry S. Truman described the act as a slave-labor... Taft-Hartley Act.

Some commentators have suggested that Congress did not realize how far-reaching a statute they were passing at the time. That is debatable: at the time that Congress passed the Act, the nation had just gone through a number of tumultuous A general strike is a strike action by an entire labour force in a city, region or country. In the late 19th century, the growing international labour movements advocated general strikes for industrial or political purposes. General strikes were frequent in Spain during the early twentieth century, where revolutionary anarcho... general strikes in This article is about the city in California. For other meanings, see San Francisco (disambiguation). San Francisco skyline. The City and County of San Francisco (population 776,773), the fourth-largest city in the state of California, United States in terms of population, is a consolidated city-county situated at... San Francisco, California, This article is about the city in Minnesota. There is also Minneapolis, Kansas. For an overview of the Twin Cities metropolitan area, see Minneapolis-St. Paul. Downtown Minneapolis skyline in daylight. Minneapolis is the county seat of Hennepin County, Minnesota. As of the 2000 census, the city had a total... Minneapolis, Minnesota and Toledo, Ohio. Toledo is a city in Lucas County on the northern border of Ohio and the western end of Lake Erie. In the 2002 census, the city had a population of 309,106, which is down as from the 2000 census, in which the city had a total population... Toledo, Ohio. The Act was passed in order to channel those violent conflicts into more manageable channels, by recognizing workers' basic rights to form unions and to bargain collectively, while creating an administrative mechanism to determine whether they wanted union representation. While the Act did not deprive employers of their basic managerial prerogatives, it legalized the right to strike, barred employers from firing workers for engaging in union activities and subjected management's decisions to scrutiny by the federal government.

Enforcement of the Act

In the first few years of the Wagner Act, however, many employers simply refused to recognize it as law. The The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... United States Supreme Court had already struck down a number of other statutes passed during the The New Deal was President Franklin D. Roosevelts legislative agenda for rescuing the United States from the Great Depression. It was widely believed that the depression was caused by the inherent instability of the market and that government intervention was necessary to rationalize and stabilize the economy. Contents // 1... New Deal on the grounds that Congress did not have the constitutional authority to enact them under its power to regulate interstate commerce. Most of the initial appellate court decisions reached the same conclusion, finding the Act unconstitutional and therefore unenforceable. Many unions did not bother to use the NLRB in the first few years of its passage, choosing instead to strike for recognition, using methods, such as the A sitdown strike is a form of civil disobedience in which an organized group of workers, usually employed at a factory or other centralized location, take possession of the workplace by sitting down at their stations, effectively preventing their employers from replacing them with scab labor or, in some cases... sitdown strike used by the The United Auto Workers (UAW), officially the United Automobile, Aerospace & Agricultural Implement Workers of America International Union, is one of the largest labor unions in North America, with more than 700,000 members in the United States, Canada, and Puerto Rico organized into approximately 950 union locals. History The... United Auto Workers in the The Flint Sit-Down Strike changed the United Automobile Workers from a collection of isolated locals on the fringes of the industry into a major union and led to the unionization of the United States automobile industry. The UAW had only been formed in 1935 and held its first convention... Flint Sit-Down Strike (1936-1937) and dozens of other labor disputes in the mid-1930s.

It was not until the Supreme Court upheld the constitutionality of the statute in 1937 was a common year starting on Friday (link will take you to calendar). Contents // 1 Events 1.1 January 1.2 February 1.3 March 1.4 April 1.5 May 1.6 June 1.7 July 1.8 August 1.9 September 1.10 October 1.11 November... 1937 in National Labor Relations Board v. Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937), was a Supreme Court case that declared that the National Labor Relations Act was constitutional. It effectively spelled the end to pre-New Deal judicial activism in the sphere of economic legislation, and greatly increased... National Labor Relations Board v. Jones & Laughlin Steel Corporation that the Wagner Act became law in practical terms as well. That was a surprising decision, issued as the controversy over Roosevelt's "court packing plan" was still hot—one wag called it the "switch in time that saved nine"—that marked a fundamental change in United States constitutional law and in the power of the federal government.

The Supreme Court, for its part, generally upheld the NLRB's interpretation of the Wagner Act in those early years, but imposed two major limitations on it. The Court held in National Labor Relations Board v. Mackay Radio & Telephone Co. in 1938 was a common year starting on Saturday (link will take you to calendar). Contents // 1 Events 1.1 January-May 1.2 June-September 1.3 October-December 1.4 unknown dates 1.5 Ongoing events 2 Year in topic 3 Births 3.1 January 3.2 February-March... 1938 that, while employers could not fire workers for going out on strike, they could permanently replace them — a seemingly semantic distinction that, in practice, sharply limited workers' right to strike. The Court later held in National Labor Relations Board v. Virginia Electric & Power Co. that the The first ten Amendments to the U.S. Constitution make up the Bill of Rights. The First Amendment to the United States Constitution is a part of the Bill of Rights. Textually, it prevents the U.S. Congress from infringing on six rights. These guarantees were that the Congress would... First Amendment to the Constitution barred the NLRB from making it illegal for employers to express their opposition to unionism, so long as they did not try to coerce or threaten workers with reprisals for exercising their rights.

The Act was immediately controversial. The The American Federation of Labor (AFL) was one of the first federations of United States. It was founded in 1886, as an association of various trade unions, by Samuel Gompers. Gompers was the president of the AFL until 1924, when he died. Being against toppling capitalism, the AFL was considered... American Federation of Labor and some employers accused the NLRB of favoring the The Congress of Industrial Organizations, or CIO, was a federation of unions that organized industrial workers in the United States and Canada in the 1930s through the 1950s. Originally known as the Committee for Industrial Organization, it was founded in 1935 by eight international unions within the American Federation of... Congress of Industrial Organizations, particularly when determining whether to hold union elections in plantwide, or wall-to-wall, units, which the CIO usually sought, or to hold separate elections in separate craft units, which the craft unions in the AFL favored. While the NLRB initially favored plant-wide units, which tacitly favored the CIO's Industrial unionism is a labor union organizing method through which all workers in the same industry are organized into the same union -- regardless of skill or trade -- thus giving workers in one industry, or in all industries, more leverage in bargaining and in strike situations. Advocates of industrial unionism value... industrial unionism, it retreated to a compromise position several years later under pressure from Congress that allowed craft unions to seek separate representation of smaller groups of workers at the same time that another union was seeking a wall-to-wall unit.

Employers and their allies in Congress also criticized the NLRB for its expansive definition of "employee" and for allowing supervisors and plant guards to form unions, sometimes affiliated with the unions that represented the employees whom they were supposed to supervise or police. Many accused the NLRB of a general pro-union and anti-employer bias, pointing to the Board's controversial decisions in areas such as employer free speech and "mixed motive" cases, in which the NLRB held that an employer violated the Act by firing an employee for anti-union reasons, even if the employee had engaged in misconduct. In addition, employers campaigned over the years to outlaw a number of practices by unions, such as A closed shop is a business or industrial establishment whose employees are required to be union members or to agree to join the union within a specified time after being hired. This type of employment practice is now considered to be illegal in most of the United States, if not... closed shops, Secondary boycott. An attempt by labor to convince others to stop doing business with a firm that is the subject of a primary boycott; prohibited by the Taft-Hartley Act. Categories: Stub ... secondary boycotts, Jurisdictional strike is a concept in United States labor law that refers to a concerted refusal to work undertaken by a union to assert its members’ right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. The... jurisdictional strikes, mass picketing, strikes in violation of contractual no-strike clauses, pension and health and welfare plans sponsored by unions and multi-employer bargaining.

Amendment of the Act

Opponents of the Wagner Act introduced several hundred bills to amend or repeal the law in the decade after its passage. All of them failed or were vetoed, however, until the passage of the Taft-Hartley amendments in 1947.

The Taft-Hartley amendments made sweeping changes in US labor law: they outlaw secondary boycotts and closed shops, allow individual states to outlaw Union Security is the enactment of various policies in an employer-union agreement to ensure the unions continued survival. Closed shops, in which the company may only employ union workers, were outlawed in the Taft-Hartley Act over president Trumans veto. However, Union shops, which require new employees... union security clauses by passing what opponents of unions call “ ... right-to-work” laws, require unions and employers to give sixty days notice before they may undertake strikes or other forms of economic action, give the President authority to intervene in strikes or potential strikes that create a national emergency, exclude supervisors from coverage under the Act, require special treatment for professional employees and guards, codify the The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. In the United States, for example, there is a federal Supreme Court as well as supreme courts within most of the... Supreme Court’s earlier ruling that employers have a constitutional right to express their opposition to unions, give employers the right to file a petition asking the Board to determine if a union represents a majority of its employees, and allow employees to petition to oust their union or to invalidate the union security provisions of any existing collective bargaining agreement.

The amendments also involved the federal courts more directly in enforcing the secondary boycott provisions of the Act by giving employers the right to sue unions for damages caused by a secondary boycott, while giving the General Counsel exclusive power to seek An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. The party that fails to adhere to the injunction faces civil or criminal contempt of court and may have to pay damages... injunctive relief against such activities. The Taft-Hartley amendments also provide for federal court jurisdiction to enforce The Collective Bargaining Agreement (CBA) is the contract between the NHL and the NHLPA that defines the structure of procedural, financial, and disciplinary relationships between the NHL, its teams, and its players. The current CBA is set to expire on September 15, 2004. Rapidly increasing player salaries combined with financial... collective bargaining agreements while imposing a number of procedural and substantive standards that unions and employers must meet before they may use employer funds to provide pensions and other employee benefit to unionized employees.

Congress amended the Act again in 1959 was a common year starting on Thursday (link will take you to calendar). Contents // 1 Events 1.1 January-February 1.2 March-May 1.3 June-September 1.4 October-December 1.5 unknown date 2 Year in topic 3 Births 3.1 January 3.2 February 3... 1959, when it enacted new restrictions outlawing hot cargo agreements, which require an employer to cease doing business with other employers in some circumstances, and limiting unions' ability to use recognitional picketing to obtain union recognition without going through an NLRB-conducted election. Congress extended coverage of the Act in 1974 is a common year starting on Tuesday (click on link for calendar). Years: 1971 1972 1973 - 1974 - 1975 1976 1977 Decades: 1940s 1950s 1960s - 1970s - 1980s 1990s 2000s Centuries: 19th century - 20th century - 21st century 1974 in topic: Arts Architecture - Art - Film - Literature - Music Science and technology Aviation - Rail... 1974 to apply to workers at health care institutions.

Unions have made repeated efforts over the past fifty years to amend the Act to eliminate the right to work provisions of the Act, to expand construction unions' right to picket at sites where other building trades employees work, to strengthen the protections for employees fired during organizing campaigns, to require the NLRB to prosecute violations of the Act more aqgressively and to limit employers' power to hire permanent replacements for strikers. None of those efforts have succeeded.

National Labor Relations Act

From Wikipedia

The original Act GA_googleFillSlot("encyclopedia_square");

Enforcement of the Act

Amendment of the Act

See also

The original Act