Content National Labor Relations Act of 1935

1 content

1.1 enforcement
1.2 collectively bargaining
1.3 unfair labor practices
1.4 election of bargaining representatives
1.5 exclusions

content

under section 1 (29 u.s.c. § 151) of act, key principles , policy findings on act based explained. act aims correct inequality of bargaining power between employees not possess full freedom of association or actual liberty of contract , employers organized in corporate or other forms of ownership association . achieve this, central idea promotion of collective bargaining between independent trade unions, on behalf of workforce, , employer.

encouraging practice , procedure of collective bargaining , protecting exercise workers of full freedom of association, self-organization, , designation of representatives of own choosing, purpose of negotiating terms , conditions of employment or other mutual aid or protection.

various definitions explained in section 2, (29 u.s.c. § 152) including 2(5) defining labor organization , 2(9) defining labor dispute . act aims protect employees group, , not based on formal or legal relationship between employer , employee.

enforcement

the national labor relations board (nlrb), established in nlra 1935 sections 3 6 (29 u.s.c. § 153–156), primary enforcer of act. employees , unions may act in support of rights, because of collective action problems , costs of litigation, national labor relations board designed assist , bear of costs. under section 3, (29 u.s.c. § 153) nlrb has 2 basic functions: overseeing process employees decide whether represented labor organization , prosecuting violations. processes initiated in regional offices of nlrb. general counsel of national labor relations board give legal advice. sections 4 (29 u.s.c. § 154) , 5 (29 u.s.c. § 155) set out provisions on officers of board , expenses. section 6 (29 u.s.c. § 156) empowers board issue rules interpreting labor legislation. binding, unless court deems have acted outside authority.

under section 10 (29 u.s.c. § 160) nlrb empowered prevent unfair labor practices, may reviewed courts. under section 11 can lead investigations, collect evidence, issue subpoenas, , require witnesses give evidence. under section 12 (29 u.s.c. § 162) offense people unduly interfere board s conduct.

collectively bargaining

section 7 (29 u.s.c. § 157) sets out general principle employees have right join trade union , engage in collective bargaining.

employees shall have right self-organization, form, join, or assist labor organizations, bargain collectively through representatives of own choosing, , engage in other concerted activities purpose of collective bargaining or other mutual aid or protection, , shall have right refrain or of such activities except extent such right may affected agreement requiring membership in labor organization condition of employment authorized in section 8(a)(3).

specific rules in support of collective bargaining follows.

there can 1 exclusive bargaining representative unit of employees.
promotion of practice , procedure of collective bargaining.
employers compelled bargain representative of employees.
employees allowed discuss wages.

unfair labor practices



national labor relations act of 1935 §7

under section 8 (29 u.s.c. § 158) law defines set of prohibited actions employers, employees, , unions, known unfair labor practice. first 5 unfair labor practices aimed @ employers in section 8(a). these are,

(a)(1) interfere with, restrain, or coerce employees in exercise of rights guaranteed in section 7 . includes freedom of association, mutual aid or protection, self-organization, form, join, or assist labor organizations, bargain collectively wages , working conditions through representatives of own choosing, , engage in other protected concerted activities or without union.
(a)(2) dominate or interfere formation or administration of labor organization or contribute financial or other support
(a)(3) discrimination in regard hire or tenure of employment or term or condition of employment encourage or discourage membership in labor organization
(a)(4) discriminating against employees file charges or testify.
(a)(5) refusing bargain collectively representative of employer s employees.

in addition, added taft–hartley act, there 7 unfair labor practices aimed @ unions , employees.

election of bargaining representatives

under section 9 (29 u.s.c. § 159) people elected majority of workforce have right become exclusive representatives of workers in collective bargaining employer.

exclusions

the nlra 1935 not cover 2 main groups of employees: working government, , in railway or airline industries. section 2(2) (29 usc §152(2)) states act not apply employees of united states or wholly owned government corporation, or federal reserve bank, or state or political subdivision thereof, or person subject railway labor act . under section 19 (29 u.s.c. § 169), people have religious convictions against joining trade union entitled not associate or financially support it.

it excludes domestic workers , farm workers.

the social security act of 1935 excluded coverage half workers in american economy. among excluded groups agricultural , domestic workers—a large percentage of whom african americans.