ASSESSMENT 5 CONTEXT
NATIONAL LABOR RELATIONS BOARD (NLRB)
The NLRA established the National Labor Relations Board (NLRB) to regulate labor management disputes. The NLRA forbids an employer from interfering with or restricting employees wishing to organize, bargain collectively, or participate in concerted activities. The employer may not interfere with the formation of any labor organization or discriminate in a way that would discourage participation in a labor organization. It may not retaliate against an employee who files charges or testifies under the NLRA, and may not refuse to bargain collectively with the employee’s representative.
LABOR MANAGEMENT RELATIONS ACT (LMRA)
In 1947, Congress, under pressure to curb the increasing power of unions, passed the Labor Management Relations Act (LMRA). The LMRA focused on stopping unfair union practices. The LMRA “forbids unions from coercing or restraining employees in exercising their rights” (SHRM, 2008) under the NLRA. Employees have the right to select their representatives for bargaining or adjustment of grievances. Unions cannot cause or attempt to cause an employer to discriminate against an employee or encourage a work stoppage in order to gain advantage in union matters, or charge excessive fees to employees and employers. If the union is the collective bargaining agent of the employees, it cannot refuse to bargain in good faith (Labor Management Relations Act, 1947).
LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)
In an attempt to balance the interests of employees, employers, and unions, Congress passed the Labor Management Reporting and Disclosure Act (LMRDA). The statute imposes a code of conduct for all parties and requires a standard of fair dealing. The NLRA is built on the premise of the bargaining unit. For the purposes of NLRA, the bargaining unit is a group of employees who perform similar work and have similar interests with regard to pay, hours, and workplace conditions. A bargaining unit is made up of job classifications, not individual workers. It may be a unit spanning different companies or only part of one company (Labor Management Reporting and Disclosure Act, 1959).There are three types of unionized work situations: the open shop, the agency shop, and the union shop. The LMRA did away with the closed shop, in which only union members could be hired.
- The open shop does not require a worker to join the union or pay dues. This is the situation in right-to-work states.
- The agency shop does not require the worker to join the union, but does require dues, whether or not a worker is a member.
- The union shop requires the worker to join the union within a period of time. In this situation, only the employer may fire the worker.
Due to the LMRA, a worker can pay dues, not join the union, and not be fired (Labor Management Relations Act, 1947).
References
Commonwealth v. Hunt, 45 Mass 111 (1842).Labor Management Relations Act of 1947, 29 U.S.C. 401–531 (1947).Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. 401 et seq. (1959).National Labor Relations Act of 1935, 29 U.S.C. 151–169 (1935).Society for Human Resource Management. (2008). National Labor Relations Act of 1947. Retrieved from http://www.shrm.org/LegalIssues/FederalResource/Fe…