National Labor Relations Act

History

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate commerce other than airlines, railroads, agriculture, and government.

The passage of the NLRA galvanized union organizations. Successful campaigns quickly followed in the automobile, steel, electrical, manufacturing, and rubber industries. By 1945, union membership totaled 35% of the workforce. In response to this growth, opponents of organized labor sought to destabilize the NLRA. In 1947, they succeeded with the passage of the Taft-Hartley Act, which added provisions to the statute allowing unions to be prosecuted, enjoined, and sued for activities such as mass picketing and secondary boycotts. The last major revision to the act occurred in 1959 with restrictions outlawing hot cargo agreements as well as limiting a union's ability to use picketing to obtain union recognition without going through and NLRB conducted election. Further amendments to the act have been attempted; however, there have been no provisions to the statute.

Organizing a Union

The first step in organizing a union is to obtain authorization cards. These cards are signed by an employee and give a union permission to act on their behalf in negotiations. If a majority of employees sign the cards then the union can present the cards to the company and ask that the union be formally recognized. The company is not required to recognize the union at this time. More commonly, the union will obtain authorization cards from 30% of the employees of a company. At this stage the union can now petition the National Labor Relations Board to have an election.

For a union to be organized the employees must represent an appropriate bargaining unit. The appropriate bargaining unit must have a mutuality of interest among the workers. This interest is determined by job duties, job similarity, skill levels, work site proximity and no management employees.

Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to join the union then the NLRB certifies the union as the bargaining representative.

Management's Responsibilities

Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union literature in working areas, regardless of whether or not the employee is on working time, if these policies have been followed in the past (usually last 3-6 months.) Employers may not at any time limit or forbid the distribution of union literature in non-working areas when the activity is conducted outside working hours.

Members of management may lawfully inform employees of their rights, explaining that they do have the right to refrain from union activities and may not lawfully be threatened or coerced by the union. Management may also inform employees of their current benefits and treatment, including wages, health benefits, grievance processes, job security records, and improvement in working conditions. This allows the employer to highlight the positive things that may result from direct dealing between management and employees, as opposed to collective bargaining by the union. Management may also explain potential disadvantages to unionization, including financial obligations, penalties and fines for conduct unbecoming a union member, use of dues for activities other than collective bargaining, and seniority clauses that may limit opportunities for more capable employees. The employer may also provide facts about the organizing union, including strike record, financial status, union leadership salaries and benefits, history of other organizational drives,