NLRA of 1935 29 USC 151-169

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A brief summary of the NLRA and the NLRB

This act may have been enacted in 1935 but it sure is trendy even today as I write this, November 12, 2018. Litigation is continuous and it surely keeps the NLRB busy. I plan to post important cases and wanted to provide an introduction and overview. Future NLRA related posts will provide the court case name and updates to case specific litigation.

National Labor Relations Act 

 Thank you Wikipedia for this article explanation of the NLRA, a labor law enacted in 1935 which “guarantees basic rights of private sector employees to organize into trade unions, engage in collective bargaining for better terms and conditions at work, and take collective action including strike if necessary.” 
The section related to employees rights to organize can be found here under section 157: §157. Right of employees as to organization, collective bargaining, etc. This basically means the right to organize but also the right not to.
Section 158 you can locate it right below section 157 above at the same link: §158. Unfair labor practices. Part (a) has to do with unfair labor practices by employers and Part (b) applies to unfair labor practices by Labor Organizations.
The National Labor Relations Board (NLRB) was created by the NLRA (Chapter 7, section 153, 154, 155), it is an independent US government agency that enforces US labor law related to collective bargaining and unfair labor practices.

What does the NLRB do?

  • Supervises elections for labor union representation and can investigate and remedy unfair labor practices

Who governs the NLRB?

  • A five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate.

How long are terms for Board Members and the General Counsel?

  • Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term.

What do Board Members and General Counsel do?

  • The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges.

Who isn’t covered by the NLRA?

  • Workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, federal, state or local government workers, independent contractors and some close relatives of individual employers.

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