However, both unionized and non-unionized employees have rights under the Act. [§ 141.] 0000002985 00000 n National Labor Relations Act Poster . The act also created the National Labor Relations Board, which conducts elections that can require employers to engage in collective bargaining with labor unions. [§ 186.] [Pub. In case of vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. (d) [Penalty for violations] Any person who willfully violates any of the provisions of this section shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine of not more than $10,000 or to imprisonment for not more than one year, or both. The Eleanor Roosevelt Papers Project is a university-chartered research centerassociated with the Department of History of The George Washington University. 133; Sec. (g) [Contributions to trust funds] Compliance with the restrictions contained in subsection (c)(5)(B) [of this section] upon contributions to trust funds, otherwise lawful, shall not be applicable to contributions to such trust funds established by collective agreement prior to January 1, 1946, nor shall subsection (c)(5)(A) [of this section] be construed as prohibiting contributions to such trust funds if prior to January 1, 1947, such funds contained provisions for pooled vacation benefits. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. . (b) [Inapplicability of chapter 6] In any case, the provisions of sections 101 to 115 of title 29, United States Code [chapter 6 of this title] [known as the "Norris-LaGuardia Act"] shall not be applicable. By any measure, the NLRA represents one of the landmarks of federal legislation. Sec. Ԓ2��إ�戩-��4��2(�q�:k�%�W��D��Bp�KN�|�M2�Qi����D����B�UJM,�l:��2OH���^]\�’�$rY�r���#����m�j��c�X��v���aY��i�. § 401 et seq. [§ 158.] [§ 187.] 4. 302(c)(8) by Pub. Wagner Act, officially National Labor Relations Act (1935), the most important piece of labour legislation enacted in the United States in the 20th century. Any employee who engages in a strike within any notice period specified in this subsection, or who engages in any strike within the appropriate period specified in subsection (g) of this section, shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8, 9, and 10 of this Act [sections 158, 159, and 160 of this title], but such loss of status for such employee shall terminate if and when he is re-employed by such employer. The Director and the Service shall not be subject in any way to the jurisdiction or authority of the Secretary of Labor or any official or division of the Department of Labor. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. Railway Labor Act. (7) The term "affecting commerce" means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce. trailer << /Size 869 /Info 837 0 R /Root 839 0 R /Prev 549006 /ID[<8401e5c53d257ac315fdc5f853e49a17><558df2f417d83ec2df39ae8840b4af99>] >> startxref 0 %%EOF 839 0 obj << /Type /Catalog /Pages 833 0 R /Metadata 831 0 R /AcroForm 840 0 R /StructTreeRoot 841 0 R /Lang (en-US) /MarkInfo << /Marked true >> >> endobj 840 0 obj << /Fields [ ] /DR << /Font << /ZaDb 128 0 R /Helv 129 0 R >> /Encoding << /PDFDocEncoding 130 0 R >> >> /DA (/Helv 0 Tf 0 g ) >> endobj 841 0 obj << /Type /StructTreeRoot /ParentTree 131 0 R /ParentTreeNextKey 38 /K 171 0 R /ClassMap 133 0 R >> endobj 867 0 obj << /S 1260 /V 1365 /C 1387 /Filter /FlateDecode /Length 868 0 R >> stream 10. 13. Prior to 1935, American workers had the right to become trade union members and to withhold their labor during industrial disputes, but employers also had the right to fire workers because they had enrolled in unions or had taken part in strikes. Provisions of the Act. (8) The term "unfair labor practice" means any unfair labor practice listed in section 8 [section 158 of this title]. Get this from a library! �`cQ��\)�������P 0S$Q�sI��E����, F��'��^9�f�!#!�*8c^�H��E����΅n���~� National Labor Relations Act Summary The ways in which labor unions changed society are legion, from effects on the labor market to work rules that some say discourage efficiency and innovation. [§ 181.] (3) in case such dispute is not settled by conference, participate fully and promptly in such meetings as may be undertaken by the Service under this Act [chapter] for the purpose of aiding in a settlement of the dispute. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service. 17. The only state to enact a related law was Tennessee, which adopted a right-to-work statute in 1947. §§ 151-169 and purports to serve the national interest of the United States regarding labor relations within the country. 202. 397, and amended, Pub. The National Labor Relations Act of 1935 protected and strengthened the rights of workers. A primer on the Railway Labor Act: RAILWAY LABOR ACT . (e) [Secret ballot; limitation of elections] (1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and labor organization made pursuant to section 8(a)(3) [section 158(a)(3) of this title], of a petition alleging they desire that such authorization be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer. Sec. If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. (a) [Creation, composition, appointment, and tenure; Chairman; removal of members] The National Labor Relations Board (hereinafter called the "Board") created by this Act [subchapter] prior to its amendment by the Labor Management Relations Act, 1947 [29 U.S.C. [ § 188.] L. 93-360, July 26, 1974, 88 Stat. The National Labor Relations Act (NLRA), also known as the Wagner Act after Senator Robert F. Wagner, was a piece of legislation that limited the powers of employers in the private sector in regard to labor relations. L. 95-524, Oct. 27, 1978, 92 Stat. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. The Labour Relations Act, 2007 Application. 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. Within five days after the service of a subpena on any person requiring the production of any evidence in his possession or under his control, such person may petition the Board to revoke, and the Board shall revoke, such subpena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpena does not describe with sufficient particularity the evidence whose production is required. RESTRICTIONS ON PAYMENTS TO EMPLOYEE REPRESENTATIVES, Sec. The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice. [Pub. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. (c) [Jurisdiction] For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal offices, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. [§ 166. (b) [Complaint and notice of hearing; six-month limitation; answer; court rules of evidence inapplicable] Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the Board, or any agent or agency designated by the Board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the Board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six- month period shall be computed from the day of his discharge. Injunctions during national emergency], (a) [Petition to district court by Attorney General on direction of President] Upon receiving a report from a board of inquiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lockout or the continuing thereof, and if the court finds that such threatened or actual strike or lockout--, (i) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce; and. The National Labor Relations Act guarantees workers the right to unionize, strike, and participate in collective bargaining free from fear of retaliation by management. § 151 et seq. (B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days' notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in section 8(d)(3) [in paragraph (3) of this subsection]. 203. Section 101. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (d) [Modification of findings or orders prior to filing record in court] Until the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. 0000057377 00000 n (b) [Delegation of powers to members and regional directors; review and stay of actions of regional directors; quorum; seal] The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties] (a) There is created a National Labor-Management Panel which shall be composed of twelve members appointed by the President, six of whom shall be elected from among persons outstanding in the field of management and six of whom shall be selected from among persons outstanding in the field of labor. (a) For the guidance and information of interested representatives of employers, employees, and the general public, the Bureau of Labor Statistics of the Department of Labor shall maintain a file of copies of all available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes. 303. § 1918. COMPILATION OF COLLECTIVE-BARGAINING AGREEMENTS, ETC. Under the NLRA, protected conduct cannot be about one person acting alone unless he or she is acting on behalf of a group of employees. Employers sometimes mistakenly assume that the National Labor Relations Act (NLRA) only applies to unionized workforces. (c) [Power of Board to decline jurisdiction of labor disputes; assertion of jurisdiction by State and Territorial courts] (1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to the Administrative Procedure Act [to subchapter II of chapter 5 of title 5], decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction: Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959. [Also known as the "Taft-Hartley Act."]. Sec. L. 96-593, Dec. 24, 1980, 94 Stat. 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