NLRA-National Labor Relations Act
NLRB-National Labor Relations Board
ULPs-Unfair Labor Practices
Accordingto Morris (2012), the NLRB is an autonomous U.S. Federal agency,tasked with the responsibility of enforcing the NLRA. On the 5thof July, 1935, President Roosevelt signed into law, the NLRA toprotect the rights of employees. As stated by the author, the NLRAwas to accomplish this by curtailing private sector managementpractices that could be detrimental to the welfare of employers,employees, and the economy of the U.S. Under Section 7(a), the NLRAgives employees the right to form and join unions where they cancollectively bargain for “mutual protection” as a unit (Walchuk,2015). Enforcing the NLRA of 1935, Mccammon (2011) observes that theNLRB investigates and provides remedies for ULPs. The author pointsput that NLRB also supervises elections for labor unionrepresentation.
Toillustrate how the NLRB imposes the NLRA, let’s look at ahypothetical situation. Ethan is facing disciplinary action for hiscommitment in union activism. When facing the disciplinary committee,his company turns down a request by its workers to have a unionrepresentative attend the meeting. Ethan’s company is engaging intwo elementary ULPs. First it is infringing Section 7(a) of the NLRAby denying its employees the right to participate in unionactivities. Moreover, the company is refuting employees their rightof representation by union stewards (Walchuk, 2015). To be heard,Ethan and his colleagues can file ULP charges against their companywith their regional NLRB office. With the assistance of an NLRBagent, the employees of the company can fill and file a complaintform. The agent then conducts investigations to determine whethertheir grievances are in point of fact, ULPs. If they are ULPs,Mccammon (2011) perceptively states that the NLRB will exert legalpressure on the company to ensure its adherence to the tenets of theNLRA. If the complaints are not ULPs, the author notes that thegrievances are annulled and the investigation process halted.
Mccammon,H. J. (2011). Labor`s Legal Mobilization: Why and when do WorkersFile Unfair Labor Practices? Workand Occupations,28(2),143-175. Doi: 10.1177/0730888401028002002
Morris,C. J. (2012). Theblue eagle at work: Reclaiming democratic rights in the Americanworkplace.Ithaca, NY: ILR Press.
Walchuk,B. (2015). Book Review: An Introduction to Labor Law, by Michael EvanGold. LaborStudies Journal,40(1),119-120. Doi: 10.1177/0160449x15573220l