National Labor Relations Association (NLRA)

Definition

The National Labor Relations Association (NLRA), also known as the Wagner Act, was enacted by the United States Congress in 1935 to protect the rights of employees and employers, encourage collective bargaining, and curtail certain private sector labor and management practices that could harm the general welfare of workers, businesses, and the U.S. economy.

The Act applies to most private sector employers, including manufacturers, retailers, private universities, and health care facilities. The NLRA established the National Labor Relations Board (NLRB), an independent federal agency endowed with the authority to oversee and enforce labor laws related to collective bargaining and unfair labor practices.

Examples

Union Organization: Workers at an automotive plant decide to form a union to negotiate for better wages and working conditions. The NLRA protects their right to organize and to hold an election to determine whether the union will be recognized as their representative.
Collective Bargaining: Teachers of a private school negotiate a collective bargaining agreement with the school’s administration. The terms might include salary scales, health benefits, working hours, and other employment conditions.
Unfair Labor Practices: If an employer dismisses workers for unionizing or threatens them with closure if they vote for the union, such actions constitute unfair labor practices under the NLRA, and the employees can file a complaint with the NLRB.

Frequently Asked Questions (FAQs)

Q: What rights do employees have under the NLRA?
A: Employees have the right to organize, form, join, or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any of these activities.

Q: Who does the NLRA apply to?
A: The NLRA covers most private sector employees, including those working for manufacturers, retailers, private universities, and healthcare facilities. However, it does not cover government employees, agricultural laborers, independent contractors, and supervisors.

Q: What is the role of the National Labor Relations Board (NLRB)?
A: The NLRB is responsible for enforcing the NLRA and ensuring labor practices comply with the law. This includes conducting elections for labor union representation and investigating and remedying unfair labor practices.

Q: What constitutes an unfair labor practice?
A: Unfair labor practices include interference with the formation or administration of a labor organization, employer or union discrimination against employees, refusal to bargain in good faith, and other violations of employees’ organizing and bargaining rights.

Q: Can employees strike under the NLRA?
A: Yes, the NLRA gives employees the right to strike and to partake in other forms of collective bargaining activities, provided they are for lawful purposes.

Collective Bargaining: A process of negotiation between employees (usually represented by a union) and their employer to establish terms and conditions of employment.
Unfair Labor Practices: Actions by employers or unions that violate the rights guaranteed to employees under the NLRA.
Labor Union: An organization of workers formed to protect their rights and interests.
Strike: A work stoppage caused by the mass refusal of employees to work, typically used as a bargaining tool in negotiations.

Online Resources

Suggested Books for Further Studies

“The National Labor Relations Act: Law and Practice” by Douglas E. Ray
“Labor Law in Practice: Policy and Legislation” by Manfred Weiss and Marlene Schmidt
“To End All Wars: A Story of Loyalty and Rebellion, 1914-1918” by Adam Hochschild (includes historical context of labor movements)
“Collective Bargaining and Labor Relations” by Michael R. Carrell and Christina Heavrin

Fundamentals of NLRA: Labor Law Basics Quiz

### What year was the National Labor Relations Act enacted? - [x] 1935 - [ ] 1945 - [ ] 1925 - [ ] 1955 > **Explanation:** The National Labor Relations Act, also known as the Wagner Act, was enacted in 1935 as a foundational piece of legislation that redefined labor relations in the United States. ### What federal agency was established by the NLRA? - [ ] OSHA - [ ] EEOC - [x] NLRB - [ ] FTC > **Explanation:** The National Labor Relations Board (NLRB) was established by the National Labor Relations Act (NLRA) to enforce labor laws and improve labor relations within the private sector. ### Which of the following is NOT protected under the NLRA for private sector employees? - [ ] Right to organize - [ ] Right to join a union - [x] Exemptions from overtime pay - [ ] Right to engage in collective bargaining > **Explanation:** The NLRA does not provide exemptions from overtime pay. It protects the rights to organize, join unions, and engage in collective bargaining. ### To whom does the NLRA not apply? - [ ] Private-sector employees - [ ] Workers in manufacturing - [ ] Employees of private universities - [x] Government employees > **Explanation:** The National Labor Relations Act applies primarily to private-sector employees and does not cover government employees, agricultural laborers, independent contractors, or supervisors. ### A teacher at a private school wants better working conditions and decides to organize a union. What law protects her right to do so? - [ ] Civil Rights Act - [x] National Labor Relations Act (NLRA) - [ ] Fair Labor Standards Act - [ ] Occupational Safety and Health Act (OSHA) > **Explanation:** The National Labor Relations Act (NLRA) protects the rights of employees, including teachers at private schools, to organize and form unions. ### What constitutes an unfair labor practice under the NLRA? - [x] Refusal to bargain in good faith - [ ] Offering employees over-time pay - [ ] Monitoring workplace safety - [ ] Providing healthcare benefits > **Explanation:** Under the NLRA, refusal to bargain in good faith is considered an unfair labor practice. The Act aims to ensure that both employers and labor organizations engage in fair negotiations. ### Which term describes a work stoppage caused by the mass refusal of employees to work? - [ ] Lockout - [ ] Boycott - [x] Strike - [ ] Arbitration > **Explanation:** A strike is a work stoppage caused by the mass refusal of employees to work, and it is a fundamental right protected by the NLRA as a form of collective bargaining. ### Who often files complaints of unfair labor practices under the NLRA? - [ ] Customers - [ ] Suppliers - [ ] Government agencies - [x] Employees or unions > **Explanation:** Employees or unions typically file complaints of unfair labor practices under the NLRA, seeking the enforcement of their rights under this legislation. ### What is the primary goal of collective bargaining as stated in the NLRA? - [ ] Dispute resolution without negotiation - [ ] Employer dominance - [x] Establishing terms and conditions of employment - [ ] Enhancing individual bargaining > **Explanation:** The primary goal of collective bargaining, as noted in the NLRA, is to allow employees and employers to negotiate terms and conditions of employment, including wages, hours, and other working conditions. ### Which federal body hears and decides cases on unfair labor practices? - [x] National Labor Relations Board (NLRB) - [ ] Occupational Safety and Health Administration (OSHA) - [ ] Equal Employment Opportunity Commission (EEOC) - [ ] Department of Labor (DOL) > **Explanation:** The National Labor Relations Board (NLRB) is the body appointed to hear and decide cases involving unfair labor practices as defined by the NLRA.

Thank you for exploring the intricacies of the National Labor Relations Association with us. Best of luck with your further studies and exam preparation in labor law!