HR Basics: What Is Labor Relations and How Does the National Labor Relations Act Work?

Transcript

HR Basics is a series of short lessons designed to highlight what you need to know about a particular Human Resource Management Topic in this HR Basics we explore Labor Relations how to manage the relationships with employees organized by labor unions Labor Relations is the practice of managing and maintaining relationships with employees organized... Read More

Key Insights

• Three laws form the framework: The National Labor Code presented in the lesson is not a single statute. It combines the Wagner Act of 1935, the Taft-Hartley Act of 1947, and the Landrum-Griffin Act of 1959. Each addresses a different dimension of relationships among employees, employers, unions, and union officers.
• Labor relations includes administration: The practice extends beyond union organizing or bargaining sessions. It includes establishing, negotiating, and administering collective bargaining agreements while maintaining relationships with union-organized employees. This definition places ongoing agreement management alongside the work of reaching the agreement in the first place.
• The Wagner Act has three aims: The National Labor Relations Act of 1935 was passed to protect employee and employer rights, encourage both parties to participate in collective bargaining, and control activities so the economy would not be adversely affected. Its stated purpose therefore combines individual protections, negotiated labor relations, and economic concerns.
• Section 7 preserves employee choice: Employees may try to form a workplace union, join one even when it is not recognized, assist union-organizing efforts, and take part in collective activity. The same section also protects the right to refuse any or all of these options, making participation and nonparticipation protected choices.
• Nonunion concerted activity matters: NLRA protection is not limited to union members. Concerted activity occurs when at least two employees act together to improve working conditions, or when one employee approaches management after consulting coworkers and acts for them. Discussing improved pay with an employer is the lesson's concrete example.
• Employers face defined restrictions: Employer misconduct can include trying to prevent union organization, threatening to remove jobs or benefits from employees attempting to organize, reassigning union-involved workers to less attractive positions, or offering greater benefits for not joining. These actions undermine the employee rights established by the NLRA.
• Unions can also violate rights: The NLRA regulates union conduct as well as employer conduct. A union violates the act by coercing employees to join, telling them they will lose their jobs if they refuse membership, or, during a strike, preventing non-strikers from entering the employer's premises.
• Section 8 groups prohibited conduct: The lesson identifies interference with employee rights, interference with the formation of a labor organization, discrimination against involved employees, discharge because of action under the act, and refusal to bargain collectively. These categories show that unfair labor practices can affect organization, employment treatment, statutory participation, and negotiations.
• The NLRB has dual responsibilities: Congress created the National Labor Relations Board to administer the NLRA. The agency both prevents and remedies unfair labor practices and decides whether groups of employees want union representation. Its role consequently covers enforcement after violations and representation decisions about employee preferences.
• Taft-Hartley rebalanced the system: For 12 years after the NLRA passed, many perceived it as giving unions too much power. Congress responded with the Labor Management Relations Act of 1947. Its purpose was to protect employee rights and make the NLRB a more impartial referee rather than an advocate for organized labor.
• Right-to-work laws limit compulsion: The lesson states that 24 states passed such laws. They prevent union membership or nonmembership from being imposed as an employment condition and address forced union dues or fines for failing to pay them. This extends the principle that employees cannot be forced to join a union.
• Landrum-Griffin protects union members: The 1959 act addresses potential abuse within unions. It establishes responsibilities for union officers and gives members rights to free speech, due process, participation in nominating union leaders, copies of collective bargaining agreements, and legal action against their unions.

Questions & Answers

Q: What is labor relations in HR?

Labor relations is the practice of managing and maintaining relationships with employees organized by labor unions. It includes establishing, negotiating, and administering collective bargaining agreements. This work connects daily relationship management with formal negotiations between labor and management. The agreement process matters because it specifies the respective rights and obligations of the two sides.

Q: What is the purpose of the National Labor Relations Act?

The National Labor Relations Act of 1935, also called the Wagner Act, was passed for three stated reasons. It protects the rights of employees and employers, encourages collective bargaining, and controls their activities so the economy is not adversely affected. It also created the NLRB to oversee compliance with the act. These elements combine protected participation with a system for administration and enforcement.

Q: What employee rights does Section 7 of the NLRA protect?

Section 7 protects an employee's right to attempt to form a workplace union and to join a union even if it is not recognized. Employees may assist union-organizing efforts and engage in group activities called collective activity. They may also refuse to undertake any or all of those actions. These protections preserve employee choice about both participation and nonparticipation in union-related activity.

Q: What is protected concerted activity under the NLRA?

Concerted activity occurs when two or more employees act together to improve their working conditions. It can also occur when one employee approaches management after consulting coworkers and acts on their behalf. For example, employees who jointly discuss improving pay with their employer are engaging in protected concerted activity. The protection also applies when one employee raises the pay issue for one or more coworkers.

Q: What are unfair labor practices under the NLRA?

Unfair labor practices are violations of the NLRA that deny employees protected rights and benefits. Employers may violate the act by threatening jobs or benefits, making less attractive reassignments because of union involvement, or promising greater benefits for avoiding membership. Unions may violate it by threatening job loss for refusing to join or blocking non-strikers from an employer's premises. Section 8 additionally covers interference, discrimination, prohibited discharge, and refusal to bargain collectively.

Q: What does the National Labor Relations Board do?

Congress created the National Labor Relations Board as a United States government agency to administer the NLRA. Its first main function is to prevent and remedy unfair labor practices. Its second is to decide whether groups of employees want labor union representation. The agency therefore handles both violations of protected labor rights and questions concerning employee representation.

Q: How did the Taft-Hartley Act change labor relations?

Congress passed the Labor Management Relations Act of 1947, commonly called the Taft-Hartley Act, after the NLRA was perceived by many as giving unions too much power. The act sought to protect employee rights and make the NLRB a more impartial industrial-relations referee. One significant outcome was the rule that employees cannot be forced to join a union. It also protects employers from certain labor-union practices.

Q: What protections does the Landrum-Griffin Act provide to union members?

The Landrum-Griffin Act of 1959 protects union members from abuse by unions. It defines responsibilities for union officers and provides members with a Bill of Rights. Members receive rights to free speech, due process, and participation in nominating candidates for union leadership elections. They also have rights to obtain copies of collective bargaining agreements and to sue their unions.

Summary & Key Takeaways

• Defining the legislative foundation: Labor relations covers the management and maintenance of relationships with employees organized by labor unions, including the establishment, negotiation, and administration of collective bargaining agreements. The lesson identifies three parts of the National Labor Code: the Wagner Act, also called the National Labor Relations Act of 1935, the Taft-Hartley Act, or Labor Management Relations Act of 1947, and the Landrum-Griffin Act, or Management Reporting and Disclosure Act of 1959.

• Explaining rights under the NLRA: The Wagner Act protects employee and employer rights, encourages collective bargaining, and controls activities that could adversely affect the economy. Section 7 gives employees the right to attempt to form a workplace union, join an unrecognized union, assist organizing efforts, participate in collective activity, or refuse any of those actions. Protection also reaches nonunion employees who act together, or through a representative coworker, to improve working conditions such as pay.

• Identifying unfair labor practices: Unfair labor practices are NLRA violations that deny employee rights or benefits and may arise from employer or union conduct. Employer examples include threatening jobs or benefits, assigning union-involved workers to less attractive jobs, and promising greater benefits for avoiding union membership. Union examples include threatening job loss for refusing membership and blocking non-strikers from an employer's premises. Section 8 also addresses interference, discrimination, discharge under the act, and refusal to bargain collectively.

• Describing the NLRB and Taft-Hartley: Congress created the National Labor Relations Board to administer the NLRA. Its two main functions are preventing and remedying unfair labor practices and determining whether employee groups want union representation. After the NLRA was perceived by many as giving unions too much power for 12 years, Congress passed the Taft-Hartley Act in 1947. It sought to protect employee rights and make the NLRB a more impartial industrial-relations referee instead of an advocate for organized labor.

• Extending protections and core terminology: Taft-Hartley established that employees cannot be forced to join a union, while right-to-work laws in 24 states address compulsory membership, nonmembership, dues, and related fines. The Landrum-Griffin Act of 1959 protects union members from union abuse through officer responsibilities and a member Bill of Rights. The lesson then introduces collective bargaining, negotiation, grievance, mediation, and arbitration, defining collective bargaining as bilateral negotiations between labor and management over wages, terms, and employment conditions.