A Synopsis of Key
Labor Relations
Laws
|
Caution:
The
attached summaries DO NOT constitute legal
advice. One must contact a lawyer to obtain legal
advice. The sole purpose of the attached summaries
is to provide a general guideline as to the intent
of the law, decision or executive order in
question.
|
The Anti-Injunction
Act of 1930 (Norris-LaGuardia
Act):
Basic Premise: Sanctioned
labor unions and restricted the federal courts authority to
issue injunctions as a way to end strikes. Made 'yellow dog'
contracts unenforceable.
Impact on HR decisions:
Employees have the right to
organize a union and bargain collectively.
National Labor
Relations Act of 1935 (Wagner
Act):
Basic Premise: Established
the National Labor Relations Board (NLRB) to provide
employees with a way to make employers respect their rights
to organize and operate a union. Prohibited the following
activities...
Interference with or
coercing employees who are expressing their right to
self-organization.
Dominating or interfering in union affairs.
Discriminating in regard to hire or tenure or any
condition of employment for the purpose of encouraging or
discouraging union membership.
Discriminating against or discharging any employee who
has filed charges or given testimony under this act.
Refusing to bargain in good faith.
The NLRB monitors elections and
investigates complaints of wrong-doing.
Impact on HR decisions:
Management practices,
procedures and policies must not inhibit the rights of
employees to organize and operate as a union.
Labor-Management
Relations Act of 1947 (Taft-Hartley
Act):
Basic Premise: Restrained
the power of unions by making it legal for states to enact
Right to Work laws and by...
Including an employee's
right NOT to join a union.
Prohibiting the 'closed shop.' 'Union shops' are still
legal.
Broadened the employer's right of free speech.
Made it unnecessary for employers to bargain with a union
made up of supervisory employees.
Gave employees the right to initiate the de certification
process.
Provided for national intervention in case of 'national
emergency' strikes.
In addition, labor unions were to
refrain from...
Restraining or coercing
employees from exercising their collective bargaining
rights.
Causing an employer to discriminate in any way against
employees in an effort to encourage or discourage union
membership.
Refusing to bargain in good faith.
Engaging in certain types of strikes.
Requiring members to pay exorbitant initiation fees.
Featherbedding.
This act was later expanded to
cover employees in public not for profit
hospitals.
Impact on HR decisions:
Union and management leaders must not
interfere with each other and both must bargain in good
faith.
Labor-Management
Reporting Act of 1959 (Landrum-Griffin
Act):
Basic Premise: Union
management must make extensive annual reports which detail
all financial activities, must not engage in activities that
undermine collective bargaining and must adhere to the "Bill
of Rights of Members of Labor Organizations."
Impact on HR decisions:
None.
Civil Service Reform
Act of 1978:
Basic Premise: Public
employees have the right to organize to the extent their
administrators permit. However, strikes are illegal. This
act established the Federal Labor Relations Authority (FLRA)
in oreder to enforce the provisions of this act.
Impact on HR decisions:
Public employees have a
limited right to collectively bargain.
The Family Medical
Leave Act of 1993:
Basic Premise:
Employers must provide an unpaid
leave of absence of up to 12 weeks due to the birth or
adoption of a child or serious illness of a family
member.
Impact on HR decisions:
A policy and procedure must be put in
place if more than a given number of employees are hired.
Employees are guaranteed a an equal level job upon return --
not the same job. The employee MUST provide proper
documentation to receive this benefit.
|