Declaration of purpose and policy] It is the policy of the United States that The Service shall be under the direction of a Federal Mediation and Conciliation Director hereinafter referred to as the "Director" , who shall be appointed by the President by and with the advice and consent of the Senate.
The Director shall not engage in any other business, vocation, or employment. The Director is authorized to make such expenditures for supplies, facilities, and services as he deems necessary. Such expenditures shall be allowed and paid upon presentation of itemized vouchers therefore approved by the Director or by any employee designated by him for that purpose.
The Director may by order, subject to revocation at any time, delegate any authority and discretion conferred upon him by this Act [chapter] to any regional director, or other officer or employee of the Service. The Director may establish suitable procedures for cooperation with State and local mediation agencies. The Director shall make an annual report in writing to Congress at the end of the fiscal year. Such transfer shall take effect upon the sixtieth day after June 23, Such transfer shall not affect any proceedings pending before the United States Conciliation Service or any certification, order, rule, or regulation theretofore made by it or by the Secretary of Labor.
The Director and the Service shall not be subject in any way to the jurisdiction or authority of the Secretary of Labor or any official or division of the Department of Labor. Functions of Service] a [Settlement of disputes through conciliation and mediation] It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation.
The Director and the Service are directed to avoid attempting to mediate disputes which would have only a minor effect on interstate commerce if State or other conciliation services are available to the parties. Whenever the Service does proffer its services in any dispute, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.
The failure or refusal of either party to agree to any procedure suggested by the Director shall not be deemed a violation of any duty or obligation imposed by this Act [chapter]. The Service is directed to make its conciliation and mediation services available in the settlement of such grievance disputes only as a last resort and in exceptional cases. Co-equal obligations of employees, their representatives, and management to minimize labor disputes] a In order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, employers and employees and their representatives, in any industry affecting commerce, shall National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties] a There is created a National Labor-Management Panel which shall be composed of twelve members appointed by the President, six of whom shall be elected from among persons outstanding in the field of management and six of whom shall be selected from among persons outstanding in the field of labor.
Each member shall hold office for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and the terms of office of the members first taking office shall expire, as designated by the President at the time of appointment, four at the end of the first year, four at the end of the second year, and four at the end of the third year after the date of appointment.
Assistance to plant, area, and industry wide labor management committees]. A have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry; and.
B are established for the purpose of improving labor management relationships, job security, organizational effectiveness, enhancing economic development or involving workers in decisions affecting their jobs including improving communication with respect to subjects of mutual interest and concern. Nothing in this clause shall prohibit participation in an area or industry wide committee by an employer whose employees are not represented by a labor organization. Appointment of board of inquiry by President; report; contents; filing with Service] Whenever in the opinion of the President of the United States, a threatened or actual strike or lockout affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil the national health or safety, he may appoint a board of inquiry to inquire into the issues involved in the dispute and to make a written report to him within such time as he shall prescribe.
Such report shall include a statement of the facts with respect to the dispute, including each party's statement of its position but shall not contain any recommendations. The President shall file a copy of such report with the Service and shall make its contents available to the public.
Injunctions during national emergency; adjustment efforts by parties during injunction period]. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service.
At the end of a sixty-day period unless the dispute has been settled by that time , the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall include a statement by each party of its position and a statement of the employer's last offer of settlement.
The President shall make such report available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer, as stated by him and shall certify the results thereof to the Attorney General within five days thereafter.
Discharge of injunction upon certification of results of election or settlement; report to Congress] Upon the certification of the results of such ballot or upon a settlement being reached, whichever happens sooner, the Attorney General shall move the court to discharge the injunction, which motion shall then be granted and the injunction discharged. When such motion is granted, the President shall submit to the Congress a full and comprehensive report of the proceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with such recommendations as he may see fit to make for consideration and appropriate action.
Such file shall be open to inspection under appropriate conditions prescribed by the Secretary of Labor, except that no specific information submitted in confidence shall be disclosed. The Wagner Act not only restated the Section 7a right of workers to collective bargaining, it established a new independent National Labor Relations Board with real enforcement powers to protect this right.
Under the new law, employee union elections were certified by the NLRB and were based on majority rule and exclusive representation. The NLRB was empowered to hold hearings and compel compliance by management. By assuring the employees the right of collective bargaining it fosters the development of the employment contract on a sound and equitable basis. By providing an orderly procedure for determining who is entitled to represent the employees, it aims to remove one of the chief causes of wasteful economic strife.
By preventing practices which tend to destroy the independence of labor, it seeks, for every worker within its scope, that freedom of choice and action which is justly his. Because of the Wagner Act, union membership increased dramatically throughout the s, and by there were nearly 9 million union members in the United States.
Urbana: University of Illinois Press, London: Verso, New York: Alfred Knopf, Check out our latest map and guide to the work of the New Deal in Washington, D. Liebman took charge of an agency in turmoil, which at the time had three vacancies on its five-member board.
The act further called for industrial self-regulation and declared that codes of fair competition—for the protection of consumers, competitors, and employers—be drafted for various industries and subject to public hearings.
Employees were given the right to organize and bargain collectively and could not be required, as a condition of employment, to join or refrain from joining a labor organization. Congress also created the National Labor Board in to enforce the collective bargaining provisions of the NIRA, although the board had little power to do so. The NRA was empowered to make voluntary agreements dealing with hours of work, rates of pay, and the fixing of prices. From the beginning, the NRA came under attack from businesses, members of Congress and labor unions, and was challenged in court.
In May , in the case of the Schechter Poultry Corp. United States , the U. The new law and labor board sought to govern relations between unions, employees, and employers, and guarantee employees the right to organize and bargain collectively with their employers.
The Taft-Hartley Act of expanded the board from three members to five, but it also removed its power to prosecute, leaving it a solely judicial agency. And whereas the Wagner Act had focused exclusively on restraining unfair practices by employers, Taft-Hartley required the NLRB to examine unfair practices by unions as well. Also, the legislation required union chiefs to prove they were not Communists before the board could take action on any complaints filed against employers. In , Taft-Hartley was amended by the Landrum-Griffin Act also known as the Labor-Management Reporting and Disclosure Act , which repealed the requirement that a union must file a non-Communist affidavit and a financial report in order to obtain a hearing before the NLRB.
The act also gave the states permission to assume jurisdiction over cases that the NLRB declined, even when interstate commerce was involved. Organizational and recognition picketing that is, picketing of companies where another union is already recognized were made unlawful, and the NLRB general counsel was required to seek an injunction against such picketing if a violation was proved.
With pro-business appointees taking the helm of the board, the NLRB ceased being a friend of unions. The NLRB is supposed to ensure the right of employees to organize and bargain collectively with their employers, or to freely refuse the right to participate in a union. The board oversees labor issues stemming from areas of interstate commerce, other than airlines, railroads, agriculture, and government. It does not act on its own accord, but rather in response to complaints filed either by unions or employers.
Board members are appointed by the President and confirmed by the Senate to five-year terms, with the term of one member expiring each year. The General Counsel is also appointed by the President, for a four-year term, and confirmed by the Senate. The board is a quasi-judicial body that decides labor issues, while the General Counsel investigates and prosecutes cases.
If the regional director determines that the charge lacks merit, it will be dismissed unless the charging party decides to withdraw the charge. If the regional director finds reasonable cause to believe a violation of the law has been committed, the region seeks a voluntary settlement to remedy the alleged violations. The judge issues a written decision that may be appealed to the five-member board in Washington for a final agency determination.
Court of Appeals. The NLRB considers its greatest success to be the large number of unfair labor practice cases that result in settlements. Filing a charge against an employer.
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