Part One: The Evolution of Labor Relations Law
Legislative History of Labor Relations
Railway Labor Act (1926)
nation’s first labor relations legislation
designed to encourage peaceful settlements of disputes
railroads win the right to the status quo for 60 days after a dispute (no strike) in exchange for EEs getting the right to organize without interference
Norris-LaGuardia Act (1934)
expresses a Congressional intention that the era of judicial oversight of labor disputers and labor policy should end
prohibits federal courts from issuing injunctions in most labor disputes
Wagner Act (1935)
originated in the National Industrial Recovery Act (1934), which was struck down in Schechter Poultry (1935)
based on the policy of promoting industrial peace
provided EEs the right to labor unions, to bargain collectively, and to engage in peaceful strikes and picketing
established the National Labor Relations Board to administer the Act; judicial review almost entirely limited to questions of law
constitutionality upheld in NLRB v. Jones & Laughlin Steel Corp. (1937)
Labor Management Relations Act (Taft-Hartley Act) (1947)
pulled back a little bit from the Wagner Act’s wholehearted endorsement of unions
inserted the right to refrain from union activities and added union ULPs to § 8
prohibited the closed shop but permitted other union security agreements
cedes limited power to the federal courts to enforce CBAs
Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) (1959)
designed to combat internal union corruption
requires certain financial disclosures and provides for periodic election of union officials
NLRB Jurisdiction, Organization and Procedure
a. Jurisdiction
i. as much as half the workforce is covered by neither the NLRA or the RLA
ii. there are constitutional and express restrictions
1. commerce clause – these limits haven’t been fully explored because the NLRB isn’t able to reach all those businesses that are clearly within its reach; the Board has standards for this
2. express restrictions
a. governments and railroads (public EEs covered under the Civil Service Reform Act)
b. religious schools
c. agricultural EEs, independent contractors, and supervisors
d. managerial EEs excluded at common law
e. confidential EEs (those with secret information about the labor relations of ER)
b. Organization
i. the Board
1. five members appointed for five-year terms by the President with advice and consent of Senate
2. takes ca
ny contested matters are made subject of a hearing in the Regional Office, decided by the Regional Director
3. a Direction of Election is issued about six weeks after the petition is filed
4. one of the more difficult problems can arise in determining who should vote in an election during a strike; at the moment replacements during both economic and ULP strikes are presumed to be temporary, so EEs get to vote, not replacements
5. decisions made by the Board in representation proceedings cannot normally be challenged directly by judicial review
Part Two: The Establishment of the Collective Bargaining Relationship
I. Protection of the Right of Self-Organization
a. Interference, Restraint and Coercion
i. statute: § 8(a)(1) makes it an ULP to interfere with, restrain, or coerce EEs in the exercise of the right to self-organization
ii. Restrictions on Solicitation and Distribution
1. Employee Solicitation:
