The significance of the RLA and the Norris-Laguardia Act

Full Answer Section

• • The Norris-Laguardia Act declared that workers should have "full freedom of association" and aimed to equalize the bargaining power between employers and employees. It also outlawed "yellow-dog contracts," which were agreements employees had to sign promising not to join a union as a condition of employment.
  • Modification of the NLRA: While the Norris-Laguardia Act predates the NLRA (1935), it laid crucial groundwork for it by limiting the tools employers could use to suppress union activity. The NLRA built upon this foundation by establishing positive rights for workers to organize and bargain collectively and by creating the National Labor Relations Board (NLRB) to enforce these rights and prevent unfair labor practices. The Norris-Laguardia Act's restrictions on court intervention indirectly supported the framework established by the NLRA by reducing judicial interference in union activities protected under the later act. Some legal scholars argue that the NLRA superseded parts of Norris-LaGuardia in specific areas related to the NLRB's enforcement powers.

2. Explain the relationship of a local union to the national and international union affiliates, as well as the AFL-CIO.

• Local Union to National/International Union:

  • A local union is the basic unit of union organization, typically representing employees within a specific workplace, geographic area, or craft.
  • The national or international union is a larger organization that charters and oversees multiple local unions within a particular industry or set of industries across a wider geographic area (nationally or internationally).
  • Relationship: Local unions are affiliates of the national/international union. They operate under the national/international union's constitution and bylaws but have a degree of autonomy in local matters such as negotiating local agreements and handling grievances at the local level. The national/international union provides resources, support (e.g., legal, bargaining expertise, organizing assistance), and overall strategic direction to its locals. Locals pay dues to the national/international union, and in return, gain collective strength and access to broader resources.

• Local Union to the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations):

  • The AFL-CIO is a federation of national and international unions in the United States. It is not a union itself but rather a central body that represents the interests of its member unions and their millions of members on a national level.
  • Relationship: A local union's relationship to the AFL-CIO is indirect. The local union is a member of its national or international union, and if that national or international union is affiliated with the AFL-CIO, then the local union is indirectly part of the broader labor federation.
  • Local Labor Councils and State Federations: The AFL-CIO also charters local labor councils and state federations, which are composed of representatives from various local unions within a specific geographic area or state. Local unions are strongly encouraged to affiliate with these bodies to foster solidarity, coordinate local political action, and support each other's organizing and bargaining efforts. Participation is generally voluntary but highly recommended.

3. What are "unfair labor practices" and are they similar for both unions and management? Explain the differences.

Unfair Labor Practices (ULPs) are actions by employers or unions that violate the rights of employees or the other party as defined by labor laws, primarily the National Labor Relations Act (NLRA). The goal of prohibiting ULPs is to promote fair labor relations and protect the rights of workers to organize and bargain collectively (or refrain from doing so).

While the concept of ULPs applies to both employers (management) and unions, the specific prohibited actions are not entirely the same due to their different roles and powers in the labor relations process.

Unfair Labor Practices by Employers (Section 8(a) of the NLRA) generally focus on preventing employer interference with employees' rights to organize and bargain collectively. Examples include:

• Interfering with, restraining, or coercing employees in the exercise of their Section 7 rights (e.g., threatening employees for union activity, spying on union meetings).
• Dominating or interfering with the formation or administration of any labor organization (e.g., creating or controlling a "company union").
• Discriminating against employees for union membership or activities (e.g., firing a worker for organizing).
• Discriminating against an employee for filing charges or testifying under the NLRA.
• Refusing to bargain collectively in good faith with the union that is the lawful representative of their employees.

Unfair Labor Practices by Unions (Section 8(b) of the NLRA) generally focus on protecting employees' rights, preventing coercive union tactics, and ensuring fair representation. Examples include:

• Restraining or coercing employees in the exercise of their Section 7 rights (e.g., threatening employees who don't want to join the union, mass picketing that blocks access to the workplace).
• Causing or attempting to cause an employer to discriminate against an employee for not being a union member (except under a lawful union security clause).
• Refusing to bargain collectively in good faith with the employer of the employees they represent.
• Engaging in certain types of secondary boycotts (actions aimed at pressuring a neutral employer to stop doing business with an employer involved in a labor dispute).
• Charging excessive or discriminatory membership fees under a union security clause.
• Causing an employer to pay for services not performed or not to be performed ("featherbedding").
• Picketing for recognition under certain circumstances without filing a petition for an election.
• Entering into "hot cargo" agreements (agreements where an employer agrees not to handle the products of another employer with whom the union has a dispute).
• Striking or picketing a healthcare institution without providing proper notice.

Key Differences:

• Employer ULPs primarily target the formation and existence of unions and aim to prevent employees from exercising their right to organize.
• Union ULPs often focus on the conduct of the union once it is established, aiming to protect individual employee rights within the union context and to regulate the tactics unions use in labor disputes.
• Employers have the inherent economic power and control over employment, so ULPs against them often involve actions that directly impact an individual's job security or working conditions.
• Unions have the collective power of their members, so ULPs against them often involve actions that could coerce employees or disrupt business operations unfairly.

In summary, while both employers and unions can commit unfair labor practices, the specific actions prohibited reflect their distinct roles and the need to balance the rights of employees, unions, and employers within the framework of federal labor law.

Sample Answer

What is the significance of the RLA and the Norris-Laguardia Act and how do they modify the NLRA?

• The Railway Labor Act (RLA) of 1926:

  • Significance: The RLA is a federal law that governs labor relations specifically within the railroad and airline industries. Its primary goal is to avoid disruptions in these essential transportation sectors. It establishes a unique framework for collective bargaining, mediation, and dispute resolution, with a greater emphasis on mandatory mediation and cooling-off periods compared to the NLRA. It also protects employees' rights to organize and bargain collectively without employer interference.
  • Modification of the NLRA: The RLA does not modify the NLRA in the sense of amending its text or general principles. Instead, it carves out the railroad and airline industries from the jurisdiction of the NLRA. Employees and employers in these sectors are subject to the RLA's specific provisions, not the NLRA. This reflects the unique historical and economic importance of transportation.

• The Norris-Laguardia Act of 1932:

  • Significance: This act significantly restricted the power of federal courts to issue injunctions in labor disputes. Prior to this, employers often used court injunctions to prevent strikes, picketing, and boycotts, severely limiting unions' ability to engage in