Monica Gonzalez

Labor Management
Case Study: Module 2

Employers must comply with a multitude of federal and state laws and regulations of

administrative agencies. Compliance of such laws and regulations concerns the legal

framework within which organizations must operate in their treatment of employees.

Labor and management have a major influence on workplace rules and organizations when

pertaining to human resource practices, including recruiting, hiring, performance appraisal,

compensation, health and safety , and labor relations. Labor laws are governed by both federal

law, state law, and judicial decisions and also governed by regulations and decisions of

administrative agencies.

In 1935, Congress enacted the National Labor Relations Act (NLRA) to protect the rights of

employees and employers, to encourage collective bargaining and preventing employer

interference with the exercise of employee rights defined in the act. (Holley, Jennings, and

Wolters pg 83). The National Labor Relations Board (NLRB) is designated by Congress to be

the primary interpreter and administrator of the NLRA to ensure constitutionality of the NLRA,

and to enforce the law.

Due to employer criticisms of the NLRA and concern of the public over organized labor’s

actions, Congress amended the NLRA by enacting the Taft-Hartley Labor Act, officially known

as the Labor Management Relations Act. Virtually unchanged, the act amended much of the

National Labor Relations Act (LMRA). The primary purpose of the act is to lessen industrial

disputes, and to place employers in a more equal position with the unions in bargaining and
labor relations procedures. The LMRA added restrictions on unions, while guaranteeing certain

freedoms of speech and conduct to employers and individual employees.

Union corruption and abuses of power caused Congress to react and pass the Labor

Management Reporting and Disclosure Act 1959 (Landrum-Griffin) Act. (Holley, Jennings, and

Wolters pg. 85) The LMRDA protects individuals that are members of a labor organization, the

act primarily protects the rights of union members and ensure that labor organizations operate

democratically and financially responsible to all union members. The act provides regulation of

internal union affairs and regulation and control of the union funds and promoted union

democracy by requiring labor organizations to file annual financial reports , to file reports of

certain labor relations practices, and establish standards for the election of union officers.

Union members are protected against abuses by the bill rights that include guarantees of

freedom of speech and periodic secret elections. Boycotting, organizational, and recognition

picketing is severely restricted by the act.

Title I of the Land-Griffin Act is entitled “Bill of Rights of Members of Labor Organizations”.

Section 101 states that “Every member of the labor organization shall have equal rights and

privileges” to vote, nominate candidates, attend membership meetings, participate in the

deliberations and voting upon the business of such meetings. The law also guarantees union

members or any member of an organization the right to free speech to express any views,

arguments, and or opinions and express his views upon candidates in an election of the labor

organization.

Section 7 of the National Labor Relations Act guarantees the employees “the right to self-

organization , to form, join, or assist labor organizations, and to bargain collectively through
representatives of their own choosing, and to engage in other concerted activities for the

purpose of collecting bargaining, or other mutual form of protection , “as well as the right to

refrain from any or all such activities”.

Under Section 8 of the NLRA, there are three broad categories of Unfair Labor Practices

(“ULPs”). Section 8(a) lists the unfair labor practices for employers , Section 8 (b) list the ULPS

of the labor organizations, and 8(c) lists the ULPS that are the result of combined activity of

employers and labor organizations.

When an employer keeps the employee from exercising the right to participate in any activities

such as bargaining collectively, engaging in other concerted activities or mutual aid, the

employer has violated the NLRA. If the employer threatens to take away and employees job or

benefits as a result of joining or voting for a union, the employer would be found of violations of

the NLRA.

Labor unions are also prohibited from restraining and coercing when the employees are

exercise their rights under Section 8. The labor organization under these rights are not

prohibited to prescribe its own rules concerning membership in the labor organization but

making or enforcing illegal union security agreements, hiring agreements that make a condition

of employment membership in a union violates the NLRA.

The Unfair Labor Practices provides remedies if an employer or a union commits an ULP. The

Board must order the guilty party to cease and desist from the illegal behavior. If injury is the

result of an ULP, the Board may order the employer to compensate the employee. The Board

also regularly orders parties guilty of ULP’s to post a notice informing workers of the Board’s

decision.
The National Relation Act (NLRA) provides clear policy regarding labor and management that

encourages the best interest of the Unites States which is to maintain full economic production,

Industrial peace is essential to a functioning economy. The NLRA is concerned with employers,

employees and labor organizations that hinder full production in the U.S. economy.

Congress designated an a federal administrative agency known as the The National Labor

Relations Board (NLRB) to be the primary interpreter and administrator of the newly created

NLRA and to ensure constitutionality and enforce the law. The Board is responsible to prevent

employer and union unfair labor practices defined by the LMRA by investigation, prosecution,

and provide solution to unfair labor practices. The U.S. Constitution permits Congress to

regulate private sectors employees who's operations effect the U.S. economy providing NLRB

jurisdiction. The NLRB may refuse to assert jurisdiction where it may believe the effect of the

operations on interstate commerce is minor.

Labor organizations are among the most regulation organizations in the U.S. society today.

Labor laws primary function are to provide equal opportunity and pay, employee’s physical and

mental well-being safety, and workplace diversity. The labor law provides structure to ensure

employers and operations are in compliance with federal laws.

The Labor Relations Process, Holley, Jennings and Wolters 10th Edition 2012
http://www.nlrb.gov/rights-we-protect/whats-law/employers/interfering-employee-rights-section-

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