Historical Foundations of the National Labor Relations Act (NLRA)
National Labor Relations Act was historically founded by the Congress in 1935 with the aim of protecting the employees' and employers' rights, encourage a collective bargaining power between the two parties, and to control various private sector labor and management practices that may have a negative impact on workers' general welfare. The fact that recurrent business depressions are aggravated by the inequality in the power of bargaining between those employees who do not have full freedom of liberty and employers who are in corporate burdens the flow of commerce. In this case, the NLRA was enacted to depress the wage rates as well as the purchasing powers of workers, thus stabilising the competitive wage rates as well as better working conditions in organisations (Morris, 1983). Furthermore, before 1935, the employers had the freedom to question, spy and even punish union members. However, in 1930s workers felt the torture by the employers was enough and thus began organising work stoppages in early years of 1933 and 1934. The activities carried out by the workers included carrying out general strikes in the city and factories. This led to skirmishes erupting between workers who were masterminds of organising unions, the police, and the hired security guards. From this actions, the Congress founded the NLRA to aid in solving the labor unrest primarily.
Role of the National Labor Relations Board (NLRB)
The National Labor Relations Board is a considered a federal government agency that was founded in 1935 by the Congress. Its significant responsibility is to administer the National Labor Relations Act. However, the NLRB has various functions apart from the primary one mentioned. Through elections, voting and other duties, the Board protects and offers employees' assistance in various statuses of employment (McCulloch & Bornstein, 1974). The Board prevents unfair labor practices the companies may negatively treat these persons to ensure better working environments. With this actions, workers are assisted by the Board to get fair pays, amenities and other benefits. With a better production that comes from each employee, the possibility of raising revenue is guaranteed through an overall quality of duties carried out by the esteemed and satisfied workers.
Furthermore, in enhancing the effectiveness and ability to bargain within an organization, the Board promotes these practices and can dissolve any labor union through an election to decertify the organization. These actions are vital mostly when the union is not working for the employees, or there is no need. For instance, if an employee believes he or she has been legally violated by the organization he is working for, the employee can report to the NLRB to further investigate the matter and file charges against the unfair business practices. However, it is vital for the employee to contact the regional office of the Board to investigate the incident.
NLRB further facilitates settlements, decides on cases as well as enforcing orders of the Board. With the fact that litigation negatively affects a company, the NLRB avoids such situations through the settlement of complaints between the business and the employees. For instance, the United States President appoints 40 administrative judges and five members on the Board, an action that is also confirmed by the Senate who has a role of legitimising the Board and all its processes. With this backing fact, it is possible for the Board to obtain a valid and reasonable outcome of claims as well as claims. Arguably, when a company is facing a crisis with its employees, all orders are in most cases enforced through the NLRB. However, in case this does not happen, the Agency's General Counsel has a role to pursue this enforcement with the States Courts of Appeals. The federal courts may also be allowed to seek a review of all the decisions that were unfavourably made to the employees. In this case, it is important to make proper courts and appeals, this implying that lawyers are required.
An Example of How the Act Guides Employers and Unions Activities
The fact that the National Labor Relations Act, employers, and unions must treat works respectably, implying that the employees are to be allowed to enjoy their full rights relating to the practices of joining a labor organization. A good example of how the Act guides both the employers and the unions is visible in this scenario. The external environment of any business changes from time to time forcing employers to make changes that may affect the workers negatively. In such as case, the union has to come in and fight for the rights of these workers, an action that may cause confrontations with the two parts. With this issue at hand, the National Labor Relations Act comes as guidelines that employers have to follow to create a better working environment. The Act in such a case forbids employers and unions against interfering with, coercing and restraining employees in the process of exercising their rights (Willborn, 1993) Furthermore, to prevent such incidents in the company, the Act guides the union and the employers in working together to better terms and conditions of employment that best satisfies both the business and working conditions (Gross, 1974).
Furthermore, the Board guides both the unions and the employers in carrying out activities such as transferring, terminating, laying off as well as assigning workers complicated duties, actions that are more common today in most workplaces. It is also common how employers punish employees for filing labor practices. In this case, the NLRB restrains the employers from doing such acts as they lead to an investigation being carried out, and thus an action being taken afterwards against such practices. Arguably, a person can file a claim with the National Labor Relations Board through following such steps as reporting the complaint with the Regional Office since it has jurisdiction over the area where the unfair practices took place, the office gives the complainant a form to fill. After filling the form, the office provides the complainant with a copy of the charge to be served on the person whose charges are made against. Additionally, the claims must be filed on time since the NLRB only processes those charges that have been filed as well as served within six months.
Gross, J. A. (1974). Making of the National Labor Relations Board, The. Suny Press.
McCulloch, F. W., & Bornstein, T. (1974). The National Labor Relations Board (Vol. 41). Praeger Publishers.
Morris, C. J. (1983). The Developing labor law: the board, the courts, and the National Labor Relations Act (Vol. 2). Bureau of National Affairs.
Willborn, S. L., Schwab, S. J., & Burton, J. F. (1993). Employment law: Cases and materials. Lexis Pub.
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