Wagner Act of 1935 (National Labor Relations Act)

The Wagner Act of 1935

The Wagner Act of 1935, also known as the National Labor Relations Act (NLRA), guarantees the rights of workers to organize and establishes the legal framework for labor unions and management relations. In addition to protecting workers, the Act provides a framework for collective bargaining.

The primary purpose of the Wagner Act is to establish the rights of most workers to organize or join labor unions and engage in collective bargaining with employers. The Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or mutual aid or protection.” The legislation is designed to make it more likely that business interests will be conducted without disruption from strikes, thus protecting both businesses and the economy as well as workers. The National Labor Relations Act covers all employers engaged in interstate commerce, except for airlines, railroads, agriculture, and government.

The National Labor Relations Board

The Wagner Act also established the National Labor Relations Board (NLRB), which oversees union-management relations.

The NLRB defines the legal framework for the formation and dissolution of unions and conducts fair elections.

The Board investigates complaints filed by workers, union representatives, and employers when their rights under the Wagner Act are violated. The Board encourages the parties to reach agreements without arbitration and facilitates the resolution of disputes. The Board also holds hearings and decides on cases that have not been resolved through mediation. The Board oversees the enforcement of orders, including trying cases before the U.S. Court of Appeals when parties do not comply with the Board’s decisions.

The Taft-Hartley Act of 1947

The Wagner Act was amended in 1947 by the Taft-Hartley Act, which imposed certain restrictions on the power of unions. Lawmakers at that time believed that the balance of power had swung significantly in favor of unions.

The law grants workers the right to refuse to join unions and to decertify unions if they are dissatisfied with their representation in collective bargaining. The law also places requirements on unions, including to respect existing contracts without going on strike, and to avoid secondary boycotts or strikes against companies that do business with the employer. According to the National Labor Relations Board (NLRB), unions were also prohibited from imposing excessive membership fees or initiation fees, and from “featherbedding,” or forcing the employer to pay for work not performed.

The new law guaranteed a “free speech clause,” stating that expressing opinions or arguments does not constitute unfair labor practice unless there is a threat of retaliation or promise of benefit.

Significant changes were made to representation elections. Supervisors were excluded from bargaining units, and the Board had to treat professional employees, craft employees, and guards differently in determining bargaining units.

Examples of Violations of the Law

The National Labor Relations Board provides the following examples of employer and union conduct that violate the law:

Examples of employer conduct that violates the law:

• Threatening employees with loss of their jobs or benefits if they join or vote for the union or participate in protected concerted activities.
• Threatening to close the plant if employees choose a union to represent them.
• Interrogating employees about their union sympathies or activities under circumstances that tend to interfere with employees’ rights under the law.
• Offering benefits to employees to discourage them from supporting the union.
• Transferring or discharging employees, terminating contracts, assigning them more difficult work tasks, or otherwise penalizing them for participating in union or protected concerted activities.
• Refusing to bargain collectively with employee representatives.

Examples of union conduct that violates the law:

• Threatening
• Employees losing their jobs unless they support the union.
• Seeking to suspend, discharge, or punish an employee for not being a union member, even if the employee paid or offered to pay legal initiation fees and regular dues thereafter.
• Refusing to process a complaint because an employee criticized union officials or because the employee is not a union member in states where union security agreements are not permitted.
• Imposing fines on employees who properly resign from the union due to their participation in protected concerted activities after their resignation or crossing a legal picket line.
• Engaging in inappropriate behavior on the picket line, such as threatening or assaulting non-strikers at the workplace.
• Striking over issues unrelated to the terms and conditions of employment or engaging in neutral activities in a labor dispute.

Sources:

• Ourdocuments.gov. “National Labor Relations Act (1935).” Accessed June 4, 2020.
• National Labor Relations Board. “1947 Taft-Hartley Substantive Provisions.” Accessed June 4, 2020.
• Roosevelt Institution. “Wagner Act.” Accessed June 4, 2020.
• National Labor Relations Board. “About NLRB.” Accessed June 4, 2020.
• National Labor Relations Board. “What We Do.” Accessed June 4, 2020.
• National Labor Relations Board. “Featherbedding.” Accessed June 4, 2020.
• National Labor Relations Board. “Employer/Union Rights and Obligations.” Accessed June 4, 2020.

Source: https://www.thebalancemoney.com/the-wagner-act-of-1935-national-labor-relations-act-2060509