РефератыИностранный языкWaWagner Act Essay Research Paper Wagner Act

Wagner Act Essay Research Paper Wagner Act

Wagner Act Essay, Research Paper


Wagner Act


What was the need for the Wagner Act? Before the WA, rights of workers


were protected by the National Industry Recovery Act of 1933. In 1935, the


Supreme Court declared the NIRA unconstitutional. By doing so, workers


lost their rights to join unions of their choice and to bargain collectively. In


1935 the unemployment rate was over 21% and more than 50% lived in


poverty as we measure it today. Large employers were said to have immense


control over their workers who had at best, one single place to work. Those


workers were paid less than their economic contribution measured by their


productivity. Before the WA, the federal government had refrained from


supporting collective bargaining over wages and working conditions and from


facilitating growth of trade unions. This new law marked a significant reversal


of this attitude. American Federation of Labor and CIO took advantage of


governmental encouragement by carrying out nationwide organizational


campaigns. What was the Wagner Act of 1935? The Wagner Act was


sponsored by Senator Robert f. Wagner, from New York. Passed in July


1935 with firm support from Franklin D. Roosevelt. The act is more


commonly known as the National Labor Relations Act. Some say the NLRA


is the single most important piece of labor legislation enacted in the 20th


century in the United States. The law governs the labor-management relations


of business firms engaged in interstate commerce. The general objective is to


guarantee 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 other mutual aid and protection? -New Deal


legislation designed to protect workers? right to unionization -implements the


national labor policy of assuring free choice and encouraging collective


bargaining as a means of maintaining industrial peace -Primary law governing


relations between unions and employers in the private sector -Established the


federal government as the regulator and ultimate arbitrator of labor relations.


It set up a permanent, three member National Labor Relations Board with


the power to protect the right of most workers(except agricultural,airlines,


railroads, and government) to organize unions of their own choosing and to


encourage collective bargaining. -gave NLRB power to order elections


whereby workers could choose which union they wanted to represent them.


-recognized employee rights to collective bargaining,to associate as a group


about hours, wages, and working conditions -guaranteed the right of workers


to form unions by majority vote and bargain as a unified group -allows


employees of certain companies to pick which union or person will negotiate


for them -employees may request the NLRB to figure out an election


between workers to choose a representative -prohibits employees from


interfering with union effort to bring them into unions. -specifies unfair labor


practices for employers -requires employers to bargain in good faith over


mandatory issues -employers have the right to negotiate with representatives


elected by the workers -prohibited anti-union tactics used by employers


-employers said Wagner act gave employees too much power–argued it


only allowed unions to force a business to hire only union members(which is a


closed shop) -prohibited employers from refusing to bargain with any such


union that had been certified by the NLRB as being the choice of a majority


of employees -Prohibited employers from engaging in such unfair labor


practices such as setting up a company union (formation of


company-dominated unions) and fire or discriminate against workers who


organized or joined unions. National Labor Relations Board… What is it?


What does it do? The National Labor Relations Board is an independent


federal agency created by Congress in 1935 to administer the national labor


relations act, the primary law governing relations between unions and


employers in the private sectors. Throughout the years, Congress has


amended the Act and the Board and courts have developed a body of law


drawn from the statute. -has two primary functions 1) to determine, through


secret ballot elections, the free democratic choice by employees whether they


wish top be represented by a union in dealing with their employers and if so,


by which union 2) to prevent and remedy unlawful acts(unfair labor practices)


by either employers or unions -processes only those charges of unfair labor


practices and petitions for employee elections that are filed with the NLRB in


one of its 52 regional, subregional, or resident offices. -has two major


separate components 1) the Board itself has 5 members and primarily acts as


a quasi-judicial body in deciding cases on the basis of formal records in


administrative proceedings. members are appointed by the president to 5


year terms, with senate consent, the term of one member expiring each year.


2) the General Counsel is appointed by the president to a 4 year term with


senate consent, is independent from the board and is responsible for the


investigation and prosecution of unfair labor practice cases and for the


general supervision of the NLRB field offices in the processing of cases.


(unfair labor practices… examples of… acts of interfernece,restraint, or


coercion upon employees with respect to right to organize and bargain


collectively; domination of or interference with the formation or administration


of any labor organization, or the contribution of financial or other support


thereto; discrimination in regard to hiring or dismissal of employees in order


to encourage or discourage membership in any labor organizations; refusal to


bargain collectively with the representative chosen by a majority of


employees in a bargaining unit deemed appropriate by the NLRB) How are


unfair labor practice cases processed? when a charge is filed, the appropriate


office conducts an investigation see whether there is reasonable cause that the


Act has been violated. It will be dismissed if the regional director thinks the


charge is lacking. A dismissal may be appealed to the General Counsel?s


office. if the regional director finds reasonable cause that a violation of the


Act has been committed, the region seeks a voluntary settlement to remedy


the violations. If this attempt fails, a formal complaint is filed and the case is


heard before an NLRB Administrative Law Judge. the judge issues a written


decision that is sent to the 5 member board for a final determination. The


board?s decision is subject to review in a US Court of Appeals.The General


Counsel?s goal is to complete investigations and, where further proceedings


are warranted, issue complaints if settlement is not reached within 7 to 15


weeks from the filing of the charge. Of the approximately 35,000 charges


filed each year, about one third are found to have merit of which over 90%


are settled. How has the Wagner Act helped or hurt? Current/future plans?


-number of organized workers rose from 3.5 million in 1935 to 15 million in


1947. -in 1995, over 600 lawyers working to pursue legal actions which


have the net effect of reducing job opportunities and raising unemployment


for American workers… these attorneys work for the NLRB, an increasingly


activist body that intervenes in labor disputes, often promoting cost-increasing


settlement that reduce employer incentives to hire workers. – live in a different


world today… in no year in the past half century has the unemployment rate


been half of what it was when the Wagner act was passes. poverty rate is


two thirds lower… proportions of Americans working in factory jobs has


fallen sharply. The share of labor force that was working in giant Fortune 500


corporations today is barely half of what it was 25 years ago. -with modern


transportation and new communication modes, everyone is very aware of


abundant job opportunities… most people do not work in a town where one


company dictates wages. -the whole rationale behind the Wagner act is


irrelevant in today?s world. the proportion of labor force in unions has fallen


from almost one-third in 1945 to under 15 percent today. The private sector


is even lower, but around half of union workers now are associated with the


government in some form. -the ?Law of Demand?… higher prices for labor


means employers will buy less of it. employers will substitute machines for


workers, reduce business volume, or switch productions to overseas to avoid


the higher labor costs. the Wagner act was designed to raise wages… it led to


a decline in the quantity of labor demanded, aggravating unemployment and


reducing job opportunities, while its impact on costs tended to raise prices to


consumers. -current Clinton administration is apparently trying to increase


union power by appointing activists to the NLRB, pressuring employers not


to hire replacement workers in strikes. the Clinton administration defends the


depression-era legislation that hinders job opportunities for Americans…


instead of adapting American labor law to meet the economic realities and


changing environment for the coming millennium. the time has come to repeal


the Wagner Act… Problems with the NLRA… small businesses are very


vulnerable when hit with frivolous charges of unfair labor. Often times it is the


result of a union organizing drive trying to financially squeeze the employer


into bowing into union demands. In such cases like this, the NLRB is no


longer the neutral arbitrator, but a union accomplice. (Congress is trying to


restore the desperately needed balance and fairness to the proceedings of the


NLRB, mainly for the benefit of small businesses. Some people were saying


that the NLRB was allowing its procedures to be abused by the unions to


inflict economic harm on small businesses and their employers. The acts were


the Truth in Employment Act– which would amend the NLRA to make clear


that an employer is not required to hire any person who seeks a job in order


to promote interests related to those of the employer, the Fair Access to


Indemnity and Reimbursement (FAIR) Act– amends the NLRA to


reimburse a small business or labor organization prevailing against an NLRB


action the attorney?s fees and expenses used to defend themselves (since


small employers cannot afford the qualified legal representation needed to


defend themselves), the Fair Hearing Act– , Justice on Time Act– would


shorten the often long delays in the processing of cases by the NLRB, would


be required to issue a decision within one year on all unfair labor practice


complaints in cases where it is alleged that an employer has discharged an


employee in an attempt to discourage or encourage union membership(at time


of passing, median time for processing of such cases is 546 days) The NLRA


is in major need of reevaluation and amending. It has not been amended in


over 40 years and unions are not as popular as they once were in the


1930?s… after W.W.II nearly 40% of the American workforce was


unionized and 90% of construction workers belonged to a trade union.


Today fewer than 1 in 8 belong to a union and 1 in 5 construction workers


belong to a trade union. Most union members now are of the semiskilled and


government workers. -pros of NLRA… gave employees to chance to


increase their economic power, decrease the economic power the employer


held. -cons of NLRA… employee involvement becomes difficult, teamwork is


difficult… with a union everyone must be treated the same and there is no


opportunity to reward for true merit.DataBase


Free Term Papers


Free Research Papers


Free Essays


Free Book Reports


Free College Personals


Links


Term Paper Sites


TermPaperSites.com


Top 100 Term Paper


Sites


Top 25 Essay Sites


Top 50 Essay Sites


Search 35,000+


papers for sale at


The Paper Store


(1-800-90-WRITE)


Search 20,000 papers


@ Research Assistance


Search 50,000 Papers


@ MegaEssays.com


Comments


What would you like to


see at College Term


Papers Contact

Us


Bibliography


Wagner Act


What was the need for the Wagner Act? Before the WA, rights of workers


were protected by the National Industry Recovery Act of 1933. In 1935, the


Supreme Court declared the NIRA unconstitutional. By doing so, workers


lost their rights to join unions of their choice and to bargain collectively. In


1935 the unemployment rate was over 21% and more than 50% lived in


poverty as we measure it today. Large employers were said to have immense


control over their workers who had at best, one single place to work. Those


workers were paid less than their economic contribution measured by their


productivity. Before the WA, the federal government had refrained from


supporting collective bargaining over wages and working conditions and from


facilitating growth of trade unions. This new law marked a significant reversal


of this attitude. American Federation of Labor and CIO took advantage of


governmental encouragement by carrying out nationwide organizational


campaigns. What was the Wagner Act of 1935? The Wagner Act was


sponsored by Senator Robert f. Wagner, from New York. Passed in July


1935 with firm support from Franklin D. Roosevelt. The act is more


commonly known as the National Labor Relations Act. Some say the NLRA


is the single most important piece of labor legislation enacted in the 20th


century in the United States. The law governs the labor-management relations


of business firms engaged in interstate commerce. The general objective is to


guarantee 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 other mutual aid and protection? -New Deal


legislation designed to protect workers? right to unionization -implements the


national labor policy of assuring free choice and encouraging collective


bargaining as a means of maintaining industrial peace -Primary law governing


relations between unions and employers in the private sector -Established the


federal government as the regulator and ultimate arbitrator of labor relations.


It set up a permanent, three member National Labor Relations Board with


the power to protect the right of most workers(except agricultural,airlines,


railroads, and government) to organize unions of their own choosing and to


encourage collective bargaining. -gave NLRB power to order elections


whereby workers could choose which union they wanted to represent them.


-recognized employee rights to collective bargaining,to associate as a group


about hours, wages, and working conditions -guaranteed the right of workers


to form unions by majority vote and bargain as a unified group -allows


employees of certain companies to pick which union or person will negotiate


for them -employees may request the NLRB to figure out an election


between workers to choose a representative -prohibits employees from


interfering with union effort to bring them into unions. -specifies unfair labor


practices for employers -requires employers to bargain in good faith over


mandatory issues -employers have the right to negotiate with representatives


elected by the workers -prohibited anti-union tactics used by employers


-employers said Wagner act gave employees too much power–argued it


only allowed unions to force a business to hire only union members(which is a


closed shop) -prohibited employers from refusing to bargain with any such


union that had been certified by the NLRB as being the choice of a majority


of employees -Prohibited employers from engaging in such unfair labor


practices such as setting up a company union (formation of


company-dominated unions) and fire or discriminate against workers who


organized or joined unions. National Labor Relations Board… What is it?


What does it do? The National Labor Relations Board is an independent


federal agency created by Congress in 1935 to administer the national labor


relations act, the primary law governing relations between unions and


employers in the private sectors. Throughout the years, Congress has


amended the Act and the Board and courts have developed a body of law


drawn from the statute. -has two primary functions 1) to determine, through


secret ballot elections, the free democratic choice by employees whether they


wish top be represented by a union in dealing with their employers and if so,


by which union 2) to prevent and remedy unlawful acts(unfair labor practices)


by either employers or unions -processes only those charges of unfair labor


practices and petitions for employee elections that are filed with the NLRB in


one of its 52 regional, subregional, or resident offices. -has two major


separate components 1) the Board itself has 5 members and primarily acts as


a quasi-judicial body in deciding cases on the basis of formal records in


administrative proceedings. members are appointed by the president to 5


year terms, with senate consent, the term of one member expiring each year.


2) the General Counsel is appointed by the president to a 4 year term with


senate consent, is independent from the board and is responsible for the


investigation and prosecution of unfair labor practice cases and for the


general supervision of the NLRB field offices in the processing of cases.


(unfair labor practices… examples of… acts of interfernece,restraint, or


coercion upon employees with respect to right to organize and bargain


collectively; domination of or interference with the formation or administration


of any labor organization, or the contribution of financial or other support


thereto; discrimination in regard to hiring or dismissal of employees in order


to encourage or discourage membership in any labor organizations; refusal to


bargain collectively with the representative chosen by a majority of


employees in a bargaining unit deemed appropriate by the NLRB) How are


unfair labor practice cases processed? when a charge is filed, the appropriate


office conducts an investigation see whether there is reasonable cause that the


Act has been violated. It will be dismissed if the regional director thinks the


charge is lacking. A dismissal may be appealed to the General Counsel?s


office. if the regional director finds reasonable cause that a violation of the


Act has been committed, the region seeks a voluntary settlement to remedy


the violations. If this attempt fails, a formal complaint is filed and the case is


heard before an NLRB Administrative Law Judge. the judge issues a written


decision that is sent to the 5 member board for a final determination. The


board?s decision is subject to review in a US Court of Appeals.The General


Counsel?s goal is to complete investigations and, where further proceedings


are warranted, issue complaints if settlement is not reached within 7 to 15


weeks from the filing of the charge. Of the approximately 35,000 charges


filed each year, about one third are found to have merit of which over 90%


are settled. How has the Wagner Act helped or hurt? Current/future plans?


-number of organized workers rose from 3.5 million in 1935 to 15 million in


1947. -in 1995, over 600 lawyers working to pursue legal actions which


have the net effect of reducing job opportunities and raising unemployment


for American workers… these attorneys work for the NLRB, an increasingly


activist body that intervenes in labor disputes, often promoting cost-increasing


settlement that reduce employer incentives to hire workers. – live in a different


world today… in no year in the past half century has the unemployment rate


been half of what it was when the Wagner act was passes. poverty rate is


two thirds lower… proportions of Americans working in factory jobs has


fallen sharply. The share of labor force that was working in giant Fortune 500


corporations today is barely half of what it was 25 years ago. -with modern


transportation and new communication modes, everyone is very aware of


abundant job opportunities… most people do not work in a town where one


company dictates wages. -the whole rationale behind the Wagner act is


irrelevant in today?s world. the proportion of labor force in unions has fallen


from almost one-third in 1945 to under 15 percent today. The private sector


is even lower, but around half of union workers now are associated with the


government in some form. -the ?Law of Demand?… higher prices for labor


means employers will buy less of it. employers will substitute machines for


workers, reduce business volume, or switch productions to overseas to avoid


the higher labor costs. the Wagner act was designed to raise wages… it led to


a decline in the quantity of labor demanded, aggravating unemployment and


reducing job opportunities, while its impact on costs tended to raise prices to


consumers. -current Clinton administration is apparently trying to increase


union power by appointing activists to the NLRB, pressuring employers not


to hire replacement workers in strikes. the Clinton administration defends the


depression-era legislation that hinders job opportunities for Americans…


instead of adapting American labor law to meet the economic realities and


changing environment for the coming millennium. the time has come to repeal


the Wagner Act… Problems with the NLRA… small businesses are very


vulnerable when hit with frivolous charges of unfair labor. Often times it is the


result of a union organizing drive trying to financially squeeze the employer


into bowing into union demands. In such cases like this, the NLRB is no


longer the neutral arbitrator, but a union accomplice. (Congress is trying to


restore the desperately needed balance and fairness to the proceedings of the


NLRB, mainly for the benefit of small businesses. Some people were saying


that the NLRB was allowing its procedures to be abused by the unions to


inflict economic harm on small businesses and their employers. The acts were


the Truth in Employment Act– which would amend the NLRA to make clear


that an employer is not required to hire any person who seeks a job in order


to promote interests related to those of the employer, the Fair Access to


Indemnity and Reimbursement (FAIR) Act– amends the NLRA to


reimburse a small business or labor organization prevailing against an NLRB


action the attorney?s fees and expenses used to defend themselves (since


small employers cannot afford the qualified legal representation needed to


defend themselves), the Fair Hearing Act– , Justice on Time Act– would


shorten the often long delays in the processing of cases by the NLRB, would


be required to issue a decision within one year on all unfair labor practice


complaints in cases where it is alleged that an employer has discharged an


employee in an attempt to discourage or encourage union membership(at time


of passing, median time for processing of such cases is 546 days) The NLRA


is in major need of reevaluation and amending. It has not been amended in


over 40 years and unions are not as popular as they once were in the


1930?s… after W.W.II nearly 40% of the American workforce was


unionized and 90% of construction workers belonged to a trade union.


Today fewer than 1 in 8 belong to a union and 1 in 5 construction workers


belong to a trade union. Most union members now are of the semiskilled and


government workers. -pros of NLRA… gave employees to chance to


increase their economic power, decrease the economic power the employer


held. -cons of NLRA… employee involvement becomes difficult, teamwork is


difficult… with a union everyone must be treated the same and there is no


opportunity to reward for true merit.DataBase


Free Term Papers


Free Research Papers


Free Essays


Free Book Reports


Free College Personals


Links


Term Paper Sites


TermPaperSites.com


Top 100 Term Paper


Sites


Top 25 Essay Sites


Top 50 Essay Sites


Search 35,000+


papers for sale at


The Paper Store


(1-800-90-WRITE)


Search 20,000 papers


@ Research Assistance


Search 50,000 Papers


@ MegaEssays.com


Comments


What would you like to


see at College Term


Papers ContactUs

Сохранить в соц. сетях:
Обсуждение:
comments powered by Disqus

Название реферата: Wagner Act Essay Research Paper Wagner Act

Слов:4231
Символов:29222
Размер:57.07 Кб.