Nlrb: Unfair Labor Practice and Bargaining Representative Essay

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NLRB
December 1, 2014

1. Distinction between Rights of non-union and union employees
2. Function of the National Labor Relations Board
3. Definition of Concerted Activity
4. Use of Employee Committees
5. An Effective Complaint Procedure
6. Selection of a Bargaining Representative

1. Distinction between Rights of non-union and union employees

The rights are granted by a statute, court decisions, and common law decisions
Rights that employers have forgotten or are unaware of are the rights that are granted to non-union employees
NLRA was originally known as the Taft Hartley act of 1947 Landom Griffon Act of 1959
Managers and Supervisors are usually not aware of the rights under the NLRA
Nearly 25,000 cases are filed every single year
The employee does not have to be a union member, or doesn’t have to be union involved to file cases with the NLRB, but it is slanted towards the union members
Section 7 of the Act states; “All employees have the right to engage in concerted activities for the purpose of collective bargaining or for other mutual aid or protection”
All employees can represent their own interest
Section 8 states that the employer cannot interfere, restrain, coheres employees on the exercise of their rights, if the employer violates the act the NLRB can
Take remedial action to make the employer whole
Can order the employer to cease and assist from all unfair labor practices
The NLRA is the oldest statute related to personnel law

The union represents the employees, and collectively bargains on behalf of the employees
The terms and conditions become a contract between the union members and the company
Most segments grant additional rights not found in the contracts
Seniority
Restrictions on promotions and layoffs
Provisions on recalls
The grievance in arbitration procedure
The discharge restrictions
Non-union employees seldom have all of the provisions – usually discharge rates are double than that at a non-union plant
In a non-union setting there is no written agreement between the parties for rights and obligations
But the employees can fall back on the handbooks and policy manuals – found in some states to be enforceable contracts but are not as easily enforced (unilateral contracts between company and employee)
Differences in wages and employment practices, in a union plant wages/benefits decided by labor contract or collective action and because of this wages can not be changed up or down except with the unions approval
Determined unilaterally by the employer
Job analysis look at duties, complexity of the work
Job pay bracket, upper and lower limit
Wages are non standardized in non-union setting
Functions of the NLRB

2. Function of the National Labor Relations Board

Two main functions
Determining the appropriate collective bargaining representative
Deciding unfair labor practices and providing a remedy for such actions
If employer refuses to comply with the board orders, the NLRB seeks enforcement through court
Procedures files a charge with the board, the charge is then thoroughly investigate, if the unfair practice is found a settlement is attended
If the parties fail to settle, it gets filed in court
A hearing if held before administrative law judge who gives a finding of the facts and the case law
The board has no power to enforce these orders
The board must go to the court for appeals of enforcement
You can appeal the decision, and could be taken to the supreme court

3. Definition of Concerted Activity

Claims of denial or rights are increasing by non-union workers
This concerted non-union activity is
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