LABOR LAW
Dunsford, Fall 2005
Overall Policy of the NLRA: The NLRA is primarily designed to promote industrial peace and stability by encouraging the practice and procedure of collective bargaining. International Harvester.
PART ONE: THE EVOLUTION OF LABOR RELATIONS LAWS
I. Jurisdiction, Organization, and Procedure of the NRLB
A. Early Regulation by Law – Statutory Overview
Judicial Control of Union Activity Prior to the Wagner Act
1800s – cts considered concerted ee activities (strikes, picketing, etc) to be common law criminal conspiracies.
i. Commonwealth v. Hunt (Mass, 1842) marked a shift from criminal to civil liability as the tool for controlling union activity.
ii. The court adopted an “ends/means test”: the finding of a criminal conspiracy req’d proof of either an illegal purpose or the use of illegal means.
Sherman Antitrust Act
i. Provided jx for fed cts (also found in diversity).
ii. This Acts prohibition of “restraint of trade” was applied to most union tactics involving organizing and/or economic pressure.
iii. Danbury Hatters (Loewe v. Lawlor, U.S. 1908): ct found Sherman Act violation when union boycotted retail stores that sold hats produced by a struck manufacturer.
Clayton Act of 1914
i. Passed by Congress in attempts of limiting union exposure to antitrust liability.
ii. Limited by Duplex Printing Press Co v. Deering (U.S. 1921) which gave a narrow reading to the Clayton Act provisions protecting labor activity.
Injunctions: Used broadly during these times. Often issued ex parte and cast in broad terms.
Norris-LaGuardia Act of 1932 (union neutral)
i. specifically w/draws the pwr of the fed cts to issue temporary OR permanent injnxns in nonviolent labor disputes.
ii. declared fed cts were not to formulate rules to govern labor policy (the govt was to be neutral – this was expected to permit union growth).
Wagner Act of 1935 (NLRA) (union friendly)
Marked the beginning of affirmative support of unionization and collective bargaining by the federal govt
Establishes the NLRB to administer and interpret ULPs and representation provisions of the Act.
Taft-Hartley Act (eer friendly)
Added many eer-friendly amendments to the NLRA.
Makes CBAs enforceable in fed DC
§ 303 provides a civil dams remedy to private parties injured by secondary boycotts.
Though eer friendly in design, this act results in a more neutral posture of the fed govt, while continuing the right of ees to be free from eer coercion.
Landrum-Griffin Act of 1959 (Labor-Mgmt Reporting and Disclosure Act (LMRDA))
Bill of Rights for Union Members.
Req’s certain financial disclosures by unions.
Gives procedures for uni
laborers: construed narrowly. Duties must form an integral part of ordinary farming operations.
Independent contractors
Managerial employees: Although there is no express exclusion in the NLRA for “managerial employees,” such as company vice-presidents, they have been excluded by the “common law” of the Act.
Confidential employee: NLRA does not apply to “confidential employees” who have advance knowledge of matters affecting labor relations within the company
C. NLRB Organization and Procedure
Members of the Board: The Board has 5 members. Appointed by the President for 5-year terms with the consent of the Senate
Two main functions of the NLRB:
i. Investigating Unfair labor practices
ii. Representation Elections
General Counsel – represents the Board, appointed by the President to 4-year terms. Has the authority to investigate charges of unfair labor practices, to decide whether complaints should be issued on the basis of these charges and to direct the prosecution of such complaints. The General Counsel is appointed to a four-year term with the consent of the Senate.
