A Synopsis of Selected
Labor Relations
Laws
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Caution:
The attached
summaries DO NOT constitute legal advice. One must
contact a lawyer to obtain legal advice. The sole
purpose of the attached summaries is to provide a
general guideline as to the intent of the law,
decision or executive order in
question.
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The
Decline in Union Membership
The Anti-Injunction
Act of 1930 (Norris-LaGuardia
Act):
Basic Premise: Sanctioned
labor unions and restricted the federal courts authority to
issue injunctions as a way to end strikes. Made 'yellow dog'
contracts unenforceable.
Impact on HR
decisions: Employees
have the right to organize a union and bargain
collectively.
National Labor
Relations Act of 1935 (Wagner
Act):
Basic Premise: Established
the National Labor Relations Board (NLRB) to provide
employees with a way to make employers respect their rights
to organize and operate a union. Prohibited the following
activities...
- Interference with or coercing
employees who are expressing their right to
self-organization.
- Dominating or interfering in
union affairs.
- Discriminating in regard to
hire or tenure or any condition of employment for the
purpose of encouraging or discouraging union
membership.
- Discriminating against or
discharging any employee who has filed charges or given
testimony under this act.
- Refusing to bargain in good
faith.
The NLRB monitors elections and
investigates complaints of wrong-doing.
Impact on HR decisions: Management practices,
procedures and policies must not inhibit the rights of
employees to organize and operate as a union.
Labor-Management
Relations Act of 1947 (Taft-Hartley
Act):
Basic Premise: Restrained
the power of unions by making it legal for states to enact
Right to Work laws and by...
- Including an employee's right
NOT to join a union.
- Prohibiting the 'closed shop.'
'Union shops' are still legal.
- Broadened the employer's right
of free speech.
- Made it unnecessary for
employers to bargain with a union made up of supervisory
employees.
- Gave employees the right to
initiate the de certification process.
- Provided for national
intervention in case of 'national emergency'
strikes.
In addition, labor unions were to
refrain from...
- Restraining or coercing
employees from exercising their collective bargaining
rights.
- Causing an employer to
discriminate in any way against employees in an effort to
encourage or discourage union membership.
- Refusing to bargain in good
faith.
- Engaging in certain types of
strikes.
- Requiring members to pay
exorbitant initiation fees.
- Featherbedding.
This act was later expanded to
cover employees in public not for profit hospitals.
Impact on HR decisions:
Union and management leaders
must not interfere with each other and both must bargain in
good faith.
Civil Service Reform
Act of 1978:
Basic Premise: Public
employees have the right to organize to the extent their
administrators permit. However, strikes are illegal. This
act established the Federal Labor Relations Authority (FLRA)
in oreder to enforce the provisions of this act.
Impact on HR decisions:
Public employees have a
limited right to collectively bargain.
The Family Medical
Leave Act of 1993:
Basic Premise:
Employers must provide an unpaid
leave of absence of up to 12 weeks due to the birth or
adoption of a child or serious illness of a family
member.
Impact on HR decisions:
A policy and procedure must be
put in place if more than a given number of employees are
hired. Employees are guaranteed a an equal level job upon
return -- not the same job. The employee MUST provide proper
documentation to receive this benefit.
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