Labor Relations and Election

¶ … National Labor Relations Act of 1935, and discuss how it protects employees.

The National Labor Relations Act

The conventional union law, which constitutes much of labor law, concentrates on workers and worker rights collectively. One may distinguish this from employment legislation which deals largely with matters pertaining to individual workers' rights. Of the many rules and legislations that constitute labor law, the most important would be the 1935 NLRA (National Labor Relations Act), codified at 29 U.S.C. § 151-169. This piece of legislation aims at serving U.S. national interests with respect to labor relations in the nation. As one may observe in times of extensive labor strikes, tense employer-workforce relations can swiftly have serious, nationwide negative impacts. Well-defined policies with regard to management and labor foster the nation's best interests of maintaining maximum economic production. Peace in the manufacturing sector is critical to a successfully operating economy. Thus, the Act aims at limiting industrial discord between organizations, worker unions and workers which may be an impediment to maximum industrial productivity. The Act offers a couple of primary processes through which worker unions may be authorized to play the role of personnel bargaining representatives -- election by secret-ballot and card check. In general, union campaigns may be restricted in the same manner as other solicitations are (National Labor Relations Act (NLRA) - HR). An organization that is lenient in solicitation rule enforcement may not, all of a sudden, begin enforcing the rule if a labor union surfaces. The EFCA (Employee Free Choice Act) has been proposed with an aim to revise the NLRA, altering the existing labor union representative election process as well as the process linked to negotiation of a preliminary collective bargaining contract between a company and a recently-authorized worker union. The proposed Act also aims at adding substantial penalties for particular practices in violation of the NLRA.

How it Protects Employees

The NLRA safeguards personnel rights of collective bargaining with their company via representatives (elected by employees) as well as personnel rights of organization. Those who choose not to use the above rights are allowed to avoid doing so (National Labor Relations Act (NLRA) - Wex Legal Dictionary / Encyclopedia - LII / Legal Information Institute). A procedure has been established, by the NLRA, through which personnel are able to exercise the choice of joining or refusing to join any labor union in an NLRB board-performed election through secret ballot election. The timing and individuals at whose will such an election can be carried out, as against other election processes, is presently a subject of conflict between organizations and worker unions. The National Labor Relations Act basically addresses workforce rights, including collective bargaining and self-organization rights. Furthermore, it encompasses provisions with regard to union-security agreement requirements, in addition to picketing rights, organizing strikes, labor representative selection, collective bargaining obligations, and what constitutes unfair labor practices. Lastly, it includes provisions safeguarding "protected concerted" action -- defined as no less than two employees jointly protesting or complaining about employment conditions and terms (e.g., benefits, wages, etc.) (National Labor Relations Act (NLRA) - Wex Legal Dictionary / Encyclopedia - LII / Legal Information Institute). Written into the Act is a mechanism for enforcement, looking to the NLR Board and General Counsel that acts via a total of 52 field and regional offices situated in major U.S. cities, including Portland, Brooklyn, Birmingham and San Diego. Regional Office and General Counsel Members are tasked with looking into and prosecuting unfair labor practice charges. They are also tasked with performing elections for choosing personnel representatives. The NLR Board comprises of 5 members, appointed for a five-year term by the nation's President through Senate consent.