Public Control of Labor Relations: A Study of the National Labor Relations Board

By D. O. Bowman | Go to book overview

Chapter II. THE LEGISLATIVE POLICY

The newly enacted public policy1 was to encourage collective bargaining and protect the right of the workers to organize and designate representatives. To implement the policy, an independent Board of three members was to be created, and the activities and employees of the first National Labor Relations Board were to be transferred to the new Board.

The right of the worker to self-organization and collective bargaining was specifically affirmed; and such affirmation was similar to Section 7(a) of N.I.R.A., the Railway Labor Act as amended in 1934, the statement of policy in the Norris-La Guardia Act, sections of the Bankruptcy Act amendments of 1933, and sections of the Emergency Railroad Transportation Act. The affirmation is fortified by five proscriptions against certain forms of employer activity. The employer may not (1) interfere, restrain, or coerce the employees in the exercise of their rights; (2) dominate or interfere with the formation or administration of any labor organization, including financial support; (3) discriminate in regard to hire, tenure, or conditions of employment in order to encourage or discourage membership in any labor organization, provided, however, that an employer may enter into a closed-shop agreement providing a majority of the employees have designated the representative; (4) discriminate against an employee for filing charges or giving testimony under the act; (5) refuse to bargain collectively with representatives of the employees.

The principle of majority rule is followed for the selection of representatives, and the Board has the responsibility and discre

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1
For the entire Act see Appendix I.

-58-

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