Labor Laws Business Plan
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This essay endeavors to gain insight into labor laws so as to comprehend them to enable an individual have a genuine and more meaningful of appreciation for the job that these laws have done for our societies. They have worked to bring order at our work places by bringing harmony between the employer and employee. The essay seeks to achieve its objectives by analyzing the impacts these labor laws have on organizations and union-management relationships. Five labor laws are under the microscope this day namely:
The Railway Labor Act
The Norris-La Guardia Act
The Wagner Act
The Taft-Hartley Act
The Landrum-Griffin Act
Labor laws are laws that mediate the rights and duties of workers, employees and labor unions. Absence of these laws will mean exploitation of the employees by the employer. For the sake of the protection of the employee, labor laws wormed their way into existence. Their significance cannot be understated under any circumstance. They also have a further role to play where it keeps the employer vigilant to be compliant with these laws otherwise the repercussions are rather heavy. The employers are often pinched by these laws yet there is something they do not comprehend about these laws. As much as they are meant to protect the employee it also has its advantages (Haverty-Stacke, 2013). Operating within the confines of these laws is a motivational tool as the employees feel relaxed and have a sense of belonging which improves their productivity. The essence of this essay is to look into a sample of these labor laws and gain insight into the impact they have on organizations and union-management relationship.
The Railway Labor Act
The Railway Labor act originated as a result of negotiations that occurred between companies on the major railroad and the unions that stood for employees. This act was passed in 1926 and amended in 1934 and 1936 after the Great Railroad Strike of 1877 seeks to replace arbitration, bargaining and mediation for strikes and utilize it as a means of resolution of labor disputes. In 1936, the Congress extended it to cover airline employees. Provisions were a part and parcel of this Act and are into two forms; major and minor disputes: The Act categorizes all labor disputes as either major disputes or minor disputes. The major arguments concern the making or modification of the agreement birthed owing to collective bargaining between the conflicting parties while the minor differences correspond with application and interpretation of collective bargaining agreements (Herz, 2014).
Discipline and Replacement: In this provision the Act provided that employers must allow strikers to replace replacements hired on a temporary basis and also allow less senior employees who engaged in strikes to retain their jobs even if the rules would have required the employer to reassign their jobs.
Impact of the Railway Labor Act on organizations and the union-management relationship
It leads to the prompt and orderly settlement of disputes growing out on complaints or as a result of the misinterpretation or inadequate application of existing contracts that covers the pay rates, work -governing rules or the working conditions. It improved the working relationship between the labor union and management as it brought about an elaborate collective bargaining process to arrive at an amicable and legally enforceable agreement that remains in force until changed.
The Norris-La Guardia Act
Established on March 23, 1932, it states that employees have the freedom to form unions in the absence of the employer's interference and bars the federal courts from giving out injunctions to disputes with no violence. This Act had provisions and they include banning yellow-dog contracts i.e., where workers come into agreement as an employment condition to not be agree to membership of a union that is not enforceable in a court. Bare the federal courts from issuing injunctions against nonviolent labor disputes (Herz, 2014).
Impact of the Norris-La Guardia Act on organizations and the union-management relationship
The Act created a positive right of non-interference by employers against workers joining trade unions thus giving workers a platform to raise their grievances that are addressed for the smooth running of the organization. The Act improved the Union-Management relationship in that management had no right to bar employees from joining unions thus allowing unions to get more members for a successful collective bargaining process.
The Wagner Act
Sponsored by Senator Robert F. Wagner and enacted in 1935, it seeks to eliminate employer’s interference in the organization of workers into unions. The major provision of this Act was that it established the federal government as the regulator and ultimate arbiter of labor relations that set up a three-member National Labor Relations Board to protect the right of most workers (Herz, 2014).
Impact of the Wagner Act on organizations and the union-management relationship
Its provision improved the swift running of the organization in that it protected the right of employees to organize unions of their own choice and encourage the process of collective bargaining to solve industrial disputes and strikes. It made the union-management grow positively in that it prohibited employers from refusing to bargain with any union certified by National Labor Relations Board thus collective bargaining was mandatory for the proper running of the organization.
The Taft-Hartley Act
Also known as the Labor Management Relations Act of 1947 and sponsored by Senator Robert A. Taft, it was established to restrict the activities and power of unions of labor. The Act was used to amend Wagner Act. Its Major Provision was to reduce labor union gains by using the National Labor Relations Board to impose limits of labor unions ability to strike by prohibiting radicals from their leadership in order to promote full flow of commerce and protect the right of employees in their individual relations with labor unions. To establish legitimate rights of both the employers and employees in solving industrial disputes and collective bargaining process in order to arrive at appropriate collective bargaining agreements (Sachs, 2013).
Impact of the Taft-Hartley Act on organizations and the union-management relationship
It promoted commerce in that it prescribed the rights and freedom of both employer and worker in their relations that affect the normal running of organizations. The Act protected the rights of both employers and employees in their relations with their relative labor unions whose activities affected the normal running of the organization’s operations. To protect the rights of the public and other parties in connection with labor disputes or process of collective bargaining from the organizations unethical ways of management. It laid down a firm foundation for the union-management relationship to scale new heights by stating the rights of each party to a collective bargaining process by prohibiting unfair labor practices committed by both employers and employees.
The Landrum-Griffin Act
Enacted in 1959, The Landrum-Griffin Act acts as a lever for regulation of the labor unions internal affairs and the cordial affinity between the officials with their employees. The Major Provisions for this Act included the fact that it required unions to submit their annual financial reports to the Department of Labor for account audit to reduce corruption related activities in labor unions. In addition, protection of union members by a bill of rights that includes the periodic secret election of officers and the freedom of speech. The secret elections had to be reviewed by the Labor Department to attain the required set standards (Sachs, 2013).
Impact of The Landrum- Griffin Act on organizations and the union-management relationship
The Act has improved immensely the process of solving industrial disputes through enabling the participation of union members more in the affairs of their unions leading to practice of their legal democratic right whom they see best fit to represent them in dealings with their employers leading to a sound work environment. With the provision of auditing of accounts by external auditors, it has led to a significant reduction in corruption activities. In relation to the affinity between the union and management, the Act put up laws that regulate the relationship between the union officials and the employers in the process of collective bargaining by making it very democratic.
The five major laws namely; The Railway Act, The Wagner Act, The Landrum-Griffin Act, The Taft-Hartley Act, and The Norris-La Guardia Act have a different impact on the day-to- day running of the organization. All these laws affected the organization positively as they were meant to reduce the industrial tension available at that particular time and avoid future disputes. Some of these laws aided in the development of employee's unions and codified laws and regulations that guide the process of collective bargaining. All the five laws helped in reducing tension between officials of the union and the organizational management so as to create a conducive work environment where disputes are soberly solved quickly, and amicable collective bargaining agreements are arrived at. In summary, the laws were a pillar towards the proper running of organizations and solving of industrial disputes today and for the foreseeable future.
Haverty-Stacke, D. T. (2013). “Punishment of Mere Political Advocacy”: The FBI, Teamsters Local 544, and the Origins of the 1941 Smith Act Case. Journal of American History, 100(1), 68-93.
HERZ, Z. R. (2014). Price's Progress: Sex Stereotyping and Its Potential for Antidiscrimination Law. Yale Law Journal, 124(2), 396-446.
SACHS, B. I. (2013). The Unbundled Union: Politics without Collective Bargaining. Yale Law Journal, 123(1), 148-207.
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