Essay about The National Labor Relations Board - 1373 Words

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, â€Å"Congress shall have the Power†¦to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes† (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as â€Å"a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest† (Administrative Agency, 1). There are two types of regulatory authority that agencies may†¦show more content†¦(Reed, 630) To properly examine the NLRB it is imperative to understand how it is organized. The NLRB â€Å"has five members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year† (NLRB.gov). In addition to the board members there is a General Counsel, which is appointed by the President to a 4-year term and is independent from the board. The person appointed to the position of General Counsel 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. (NLRB.gov) The NLRB also has a Division of Judges, which is made up of 40 Administrative Law Judges who hear, settle and decide unfair labor practice cases throughout the United States. Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4) agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631). Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and so must limitShow MoreRelatedThe National Labor Relations Board Essay1790 Words   |  8 PagesAbstract The recent decision made by the National Labor Relations Board granted collective bargaining rights to graduate student workers and researchers. The focus on the decision was primarily based on the wording or a statutory employee as defined in Section (2)3 of the National Labor Relations Act and ultimately the reversal of the 2004 Brown University decision against the groups legitimate reasoning and desire to unionize. University administrators were against student worker unionization andRead MoreNlrb On Behalf Of Mrs. Dawn Vs. American Medical Response Of Connecticut Company Essay881 Words   |  4 Pagesan alternative response to mistreatment at place of work. As indicated in the National Labor Relations Board website, a concerted activity â€Å"requires two or more employees acting together to improve wages or working conditions, but the action of a single employee may be considered concerted if he or she involves co-workers before acting, or acts on behalf of others† (National Labor Relations Board, 2010). In relation to the above argument, it is clear that the activity of Dawn on facebook was concertedRead MoreThe Law Of The United States1512 Words   |  7 Pagesor the legally unsupported Brown University case, decided by one of the most conservative Boards in recent history, held, â€Å"as a matter of policy,† that graduate student workers were students and, and, therefore, could not be employees as defined by the NLRA. Republic Steel, Dannin, supra note 44 at 260–63. Id. See Consol. Edison Co. v. NLRB, 305 U.S. 197, 220 (1938) (holding that the power of the Board to punish an employer who violates the NLRA is â€Å"remedial, not punitive.†); Republic Steel CorpRead MoreNlrb On Behalf Of Mrs. Dawnmarie Vs. American Medical Response Of Connecticut Company Essay881 Words   |  4 Pagesan alternative response to mistreatment at place of work. As indicated in the National Labor Relations Board website, a concerted activity â€Å"requires two or more employees acting together to improve wages or working conditions, but the action of a single employee may be considered concerted if he or she involves co-workers before acting, or acts on behalf of others† (National Labor Relations Board, 2010). In relation to the above argument, it is clear that the activity of Dawnmarie on facebook wasRead MoreHistory Of Labor And Employment Laws1356 Words   |  6 PagesINTRODUCTION In the history of labor and employment laws in the United States of America, things had drastically varies from years to years. The law of slavery, which governed many American workers until 1865, is covered in a separate entry of laws. Beginning with the 1880s, there was a courts development to control workers injunction with the labor relationship, unlike before the American Revolution when there was no field of labor or employment law. The Revolution brought out powerful independentRead MoreThe Role Of The National Labor Relations Act842 Words   |  4 PagesThe National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935 (Galiatsos, 2015). The primary responsibility of the NLRB is to administer the National Labor Relations Act (NLRA). However, the NLRB takes action to safeguard employees right to organize, and to decide whether to have unions serve as their bargaining representative, with their employer (Galiatsos, 2015). The agency also a cts to prevent and remedy unfair labor practices that are committed byRead MoreA Social Media Policy724 Words   |  3 Pagessocial media. The governmental policies revolve around the Constitutional right of the First Amendment and the freedom of speech. While this provides some protection for employees there are limitations and exclusions that resulted in the National Labor Relations Board stepping in and providing opinions for the legality of employer disciplinary actions regarding social media content and participation. Freedom of Speech The use of the First Amendment right to the freedom of speech is not applicableRead MoreThe Employment Laws Of The Workplace974 Words   |  4 Pagesuse of electronic recording devices by employees in the workplace will likely be for protected concerted activity and provided by  § 7 of the National Labor Relations Act (NLRA). As mentioned above, in the private workplace, the employer practically has absolute power in limiting the conduct, activity, and rights of employees. A fundamental precept of labor law is that â€Å"working time is for work.† Since audio and video recording, as well as photography have great potential for consuming work-timeRead MoreLabor Laws Unions737 Words   |  3 PagesLabor Laws and Unions HRM/531 Labor Laws and Unions Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis Lambert have a clear understanding of their union contract and the laws set forth by the NLRB. Lewis Lambert Lewis Lambert is Sheet Metal Contracting entity located in Fort Worth, Texas established in 1965 that pridesRead MoreEssay on National Labor Relations Act1296 Words   |  6 PagesHistory The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also