Labor Relations Act Research Paper

The collective bargaining process in the United States was intended to help resolve disputes between employees and employers. The National Relations Act of 1935 (NLRA) gives employees the right to organize and bargain collectively over wages, hours, and other work conditions. The Act also requires both employer and unions to bargain in good faith. To protect the rights of both employees and employers, the NLRA defines certain activities as unfair labor practices. These unfair labor practices are illegal under the NLRA and under state laws. These unfair labor practices can be committed by either employer or unions. Unfair labor practices by management were implemented by the National Labor Relations Act and the unfair labor practices by labor
A union cannot threaten employees that they will lose their jobs if they do not support unionization. A union cannot cause an employer to discriminate against employees with respect to the conditions of employment. A union must bargain in good faith with respect to wages, hours, and other working conditions. Unions cannot boycott or strike an employer that is a customer of or supplier to an employer that the union is trying to organize.
If a violation has occurred that is considered an unfair labor practice a complaint can be filed by an employee, employer or labor union. The complaint of the unfair labor practice would be filed with the National Labor Relations Board (NLRB). After the complaint is filed an investigation will be done to determine whether a violation has occurred. If no violation is found, the charge is dismissed or withdrawn. If a violation is found they will first try to find a voluntary settlement and if that does not work then the case is heard by an NLRB judge and they will make the
All sides have to play by the rules and that’s what the unfair labor practices make sure of. As shown in the case of Sweeney v. Zoeller both private and public sector unions were affected. The unions used several unfair labor practices by coercing employees to pay union dues and that they had to join the union or they wouldn’t get or keep their jobs. Although private and public sector labor may have its difference the unfair labor practices still apply to both. The great majority of the federal and state laws regulating collective bargaining reflect the influence of the NLRA in definitions of unfair labor practices. From cases on both sided whether private or public it show the need to have these laws to prohibit these types of conduct and protect everyone involved from the employee to the employer. If the unfair labor laws are not enforced then collective bargaining will not