LABR

1. Let's assume you have a friend who knows very little about collective bargaining or its history in the private sector in the U.S. Please explain the following: (1) how would you explain the NLRA and its evolution (through Taft Hartley and Landrum Griffin) over time and (2) how do would you explain the Trump administration's recent decisions and actions regarding the NLRB?

Please feel free to use Google, Bing DuckDuckGo and/or ChatGPT as well as assigned materials to explore your answers to these questions but make sure to indicate when your information comes from one of these sources.

2. Compare and contrast the Railway Labor Act (RLA) and the National Labor

Relations Act (NLRA). Which do you think is more favorable to collective bargaining from the worker/union perspective?

3. Some of the provisions of the National Labor Relations Act were subsequently

amended by the Taft-Hartley Act. Which of these changes do you consider most significant in terms of altering the balance of power between employers and workers in organizing and collective bargaining? Explain. Reading: https://www.nlrb.gov/about-nlrb/who-we-are/our-history/1947-taft-hartley-passage -and-nlrb-structural-changes https://www.nlrb.gov/about-nlrb/who-we-are/our-history/1947-taft-hartley-substant ive-provisions

LABR/ECON 511 Class 5

1. National Labor Relations Act

2. Taft-Hartley and Landrum-Griffin Acts

3. Trump Administration version 2.0

1. NLRA

Deceptively simple on the surface • New Deal Legislation (1935) that gave workers,

the right to organize and bargain collectively • Enacted by overwhelming vote of the U.S. Senate

(63-12) and simple voice vote of the House and signed by President Roosevelt on July 5, 1935

• Despite its popularity when enacted it was difficult to enforce and continues to be extremely controversial

The 1935 NLRA

ü Encouraged collective bargaining among private sector workers and employers

ü Identified employers as “deniers of labor rights”

ü Prevented employer from campaigns or use consultants to discourage workers from supporting the union

ü Right to have “union shop” was a federal matter. (There were no “right to work” state laws)

ü Few restrictions on union concerted actions against employers

Exemptions from NLRA

üPublic-sector employees, üAgricultural workers üDomestic workers, ü Independent contractors üWorkers employed by a parent or spouse, üEmployees of air and rail carriers covered by the

Railway Labor Act, üSupervisors (Taft-Hartley Act amendment

removed)

NLRA- *ULPs directed at Employers

(3) to encourage or discourage membership in any labor organization by discrimination in regard to hire or tenure of employment or any other term or condition of employment;

(4) to discharge or discriminate against an employee because he has filed charges or given testimony under the NLRA

(1) to interfere with, restrain, or coerce employees in the exercise of their rights to collective bargaining and similar concerted activities;

(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it;

* ULP = Unfair Labor Practice

Employer Unfair Labor Practices

Results ü Massive increase in unionization

in the U.S. following the passage of the NLRA

ü Unions won 80% of all elections following passage of NLRA

ü World War II brought austerity measures and restraint on wages while corporate profits soared

ü Post World War II brought wide- scale strike wave across the U.S.

ü Wages perceived as stagnant, prices/inflation perceived as growing

ü Labor wanted its share ü Perception that power tipped too

favorably to organized labor

Corporate Profits

2. Taft-Hartley & Landrum Griffin Acts

• The NLRA was changed by the Taft-Hartley (1947) & Landrum Griffin Act (1959)

• Substantively changed (weakened) the NLRA

Taft-Hartley Act 1947

• Also called the Labor Management Relations Act

• Was enacted into law over-riding President Truman’s veto

• Increased the number of NLRB Board members from 3 to 5

• Purpose was contested. Proponents argued fairness and balanced power. Opponents argued it would create slave labor.

Taft-Hartley Changes to the NLRA ü Changed who is covered by

the NLRA: Excluded independent contractors, and front line supervisors who had formerly been covered

ü Gave employers the right to file election petitions after receiving request for voluntary recognition- potential strategic advantage

ü Created categories of ULPs against labor unions

Taft-Hartley Changes to the NLRA

(3) Allowed the creation of bargaining unit for purposes of voting that had nothing to do with how the workers had organized

(4) Prohibited representation elections for 12 months after a union vote failed

(5) Required pre-election hearings giving employers the opportunity to delay elections if they desired to do so

(1) Required NLRB use set election procedure whereas formerly they had on occasion used other methods to determine majority worker support for unionization e.g. authorization cards

(2) Allowed employers “free speech” to discourage employees from organizing as long as the speech does not coerce or threaten employees, i.e. campaign against union

Union Unfair Labor Practices

Taft-Hartley Changes to the NLRA Notice Requirements & New Agency ü Required 60 day notice

period in order to be able to amend or terminate an existing collective bargaining agreement

ü Created the Federal Mediation and Conciliation Services (FMCS) and required notice to them as well if no agreement reached

Taft-Hartley Changes to the NLRA ü Restriction on Strikes and other

Union Concerted Activity ü No strikes within 60 day notice

period ü Restriction on “secondary boycotts”

in which a union pressures a company not to do business with the employer with which the union has a dispute.

ü Specified legal reasons for strike and prohibited recognition strikes, sympathy strikes, strikes to induce employers to agree to industry-wide bargaining

ü Empowered the President to become involved if a strike or lockout impacts an entire industry

Landrum-Griffin Act (1959)

• Further restricted unions tightening some of the Taft-Hartley provisions such as restrictions on secondary boycotts, picketing by unions for recognition

• Financial Reporting by labor and employer representatives to the Dept. of Labor

• Devolution of authority over elections to Regional Directors of the NLRB

• Code of conduct guaranteeing rights of union members

3. Trump Administration 2.0 • Fired General Counsel

appointed by Biden (this is normal)

• Rescinded policy on college athletes as “workers” for purposes of organizing

• Fired NLRB Board Member arguably in violation of the law and leaving the Board without a quorum – essentially stopping the agency’s work completely

Historical Perspective

• Long periods of hostility towards unions and collective bargaining

• Very short period of ascendant NLRA before amendments (1935-1947)

• Some attempts at + reform under Biden

• Significant changes early in Trump administration version 2.0