After the National Industrial Recovery Act was declared unconstitutional by the Supreme Court, organized labor was again looking for relief from employers who had been free to spy on, interrogate, discipline, discharge, and blacklist union members. In the 1930s, workers had begun to organize militantly, and in 1933 and 1934, a great wave of strikes occurred across the nation in the form of citywide general strikes and factory takeovers. Violent confrontations occurred between workers trying to form unions and the police and private security forces defending the interests of anti-union employers. Show
In a Congress sympathetic to labor unions, the National Labor Relations Act (NLRA) was passed in July of 1935. The broad intention of the act, commonly known as the Wagner Act after Senator Robert R. Wagner of New York, was to guarantee employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.” The NLRA applied to all employers involved in interstate commerce except airlines, railroads, agriculture, and government. In order to enforce and maintain those rights, the act included provisions for the National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. To this day, the board of five members, appointed by the President, is assisted by 33 regional directors. The NLRB further determines proper bargaining units, conducts elections for union representation, and investigates charges of unfair labor practices by employers. Unfair practices, by law, include such things as interference, coercion, or restraint in labor’s self-organizing rights; interference with the formation of labor unions; encouragement or discouragement of union membership; and the refusal to bargain collectively with a duly chosen employee representatives. The constitutionality of the NLRA was upheld by the United States Supreme Court in National Labor Relations Board v. Jones & Laughlin Steel Corp. in 1937. The act contributed to a dramatic surge in union membership and made labor a force to be reckoned with both politically and economically. Women benefited from this shift to unionization as well. By the end of the 1930s, over 800,000 women belonged to unions, a threefold increase from 1929. The provisions of the NLRA were later expanded under the Taft-Hartley Labor Act of 1947 and the Landrum-Griffin Act of 1959. Certain actions by employers or unions are illegal under federal labor law.Unfair labor practices are actions taken by employers or unions that are illegal under the National Labor Relations Act (NLRA) and other labor laws. Some of these rules apply to the interactions between the employer and the union; others protect individual workers from unfair treatment by an employer or union. This article discusses some common unfair labor practice claims; for all of our articles on the NLRA and unions, see our Labor Unions page. Unfair Labor PracticesThe NLRA gives employees the right to act together to try to improve the terms and conditions of their employers, by forming a union, joining a union, or otherwise. To preserve these rights, the NLRA sets out the rules for union elections, collective bargaining, and more. The NLRA also prohibits employers and unions from taking certain actions that would interfere with these employee rights or with the delicate balance the NLRA creates between unions and employers. These actions are called "unfair labor practices". Unfair Labor Practices by EmployersThe NLRA prohibits employers from:
Unfair Labor Practices by UnionsThe NLRA prohibits unions from:
Taking ActionAn employer, employee, or union that believes an unfair labor practice has been committed may file a charge with the NLRB. You must file a charge within six months of the incident. The NLRA can be enforced only through the NLRB, not through private lawsuits. To learn about other workplace rights, see Nolo's book, Your Rights in the Workplace. Which of the following is true of the National Labor Relations Board's NLRB's process regarding unfair labor practices?Which of the following is true of the National Labor Relations Board's (NLRB's) process regarding unfair labor practices? The NLRB has the authority to issue cease-and-desist orders to halt unfair labor practices.
What is the role of the National Labor Relations Board NLRB?Introduction to the NLRB
The National Labor Relations Board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.
Which of the following is an unfair labor practice ULP under the National Labor Relations Act?Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge. Refusing to negotiate in good faith with an agency.
Which of the following is an unfair labor practice by a union?An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.
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