The National Labor Relations Act (NLRA) is a federal law that protects workers’ rights to unionize, strike, and engage in collective bargaining without fear of retaliation from management. The law also established the National Labor Relations Board (NLRB) to enforce these rights and set maximum hours of work and minimum wages. The NLRA’s major provisions are found in sections seven, eight, and nine, which give workers the right to organize, protect them from unfair labor practices, and establish electoral procedures for union representation. The NLRB has the power to supervise elections and prosecute NLRA violations. Some employees, such as domestic workers and government employees, are not covered by the NLRA.
Passed by the United States Congress in 1935, the National Labor Relations Act (NLRA) is a federal law aimed at regulating labor and management practices in the private sector. The National Labor Relations Act guarantees workers the right to unionize, strike, and participate in collective bargaining without fear of retaliation from management. The law also established an agency with the power to enforce these rights, the National Labor Relations Board (NLRB). In addition, the National Labor Relations Act established maximum hours of work and minimum wages to be paid.
The major statutory provisions of the NLRA are found in sections seven, eight, and nine of the act. Section Seven gives workers the right to organize and to assist union organizations. Also in this section is the right to collective bargaining through representatives chosen by the workers. In addition, Section Seven provides protections for workers who protest, picket or strike.
Section eight of the National Labor Relations Act defines the types of employer conduct that constitute unfair labor practices and are illegal. Interference with union activity was made illegal, as was the practice of an employer dominating a union. Employers could no longer discriminate against workers who participate in trade union or other collective activities. Retaliating against workers for filing unfair labor practice charges or cooperating with the NLRB has become illegal. Finally, employers can no longer refuse to negotiate in good faith with trade unions or their representatives.
The electoral procedures to be followed when voting on union representation are set forth in Section Nine. This Section also states that unions, if certified or recognized, are the only representatives of the members of a bargaining unit. Finally, workers’ complaints cannot be rectified unless there is an opportunity for union representatives to be present.
The establishment of the NLRB in Section Three gave its power to the National Labor Relations Act. As a federal agency, the NLRB has two primary functions: supervising elections held by workers to decide whether they will be represented by a union, and prosecuting NLRA violations. The council was given subpoena powers to augment its investigative duties, the ability to determine facts and issue executive orders in court, as well as the power to determine remedies for any violations found.
Not all employees are covered by the NLRA. Domestic employees, agricultural workers, independent contractors and workers covered by the Railway Labor Act are not covered. Finally, federal, state and local government supervisors and employees are not covered by the National Labor Relations Act.
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