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Answer the Question Two The Norris-La Guardia Act (Research Paper Sample)



Question one : The Railway Labor Act ;
The RLA was the first federal law guaranteeing the right of workers to organize and join unions and elect representatives without employer coercion or interference. The RLA makes it the duty of all carriers and their employees to exert every reasonable effort to voluntarily settle disputes. Key Provision ;
* Collective Bargaining: Contracts remain in force until changed. Either party seeking to amend existing CBA's must provide 30-day written notice as to desired changes. Under Section 6 of the act either side may propose changes to an existing collective bargaining agreement by this a Union cannot go out on strike before the Contract becomes amendable. Negotiating steps are proffer of arbitration, proposals from both airline and Union to amend the CBA of section six of the RLA Act .
* Jurisdiction: Federal court has limited jurisdiction over such matters as enforcement of the CBA. Disputes–grievances growing out of the interpretation or application of collective bargaining agreements thus no self help allowed.
* Representation on conducting elections : RLA Act defines the class of employees eligible to vote extending to all employees performing a particular job function throughout the company's operations, not at particular site or region. RLA requires that the Union receive a majority of votes from the entire craft or class, rather than a majority of those who choose to vote.
The RLA Impact ;
* The Railway Labor Act provide complete independence of organization by both parties to carry out the purposes of the RLA.
* The Railway Labor Act ensure an unhindered right of employees to join a labor union.
* The Railway Labor Act assist in the prompt and orderly settlement of disputes growing out of grievances or out of the interpretation.
* The Railway Labor Act avoid any interruption to commerce.
Question Two The Norris-La Guardia Act:
This Act, in effect, limits the jurisdiction of the courts of the United States in issuing restraining orders or temporary or permanent injunctions in cases involving or growing out of labor disputes. Imposing strict procedural limitations on issuing injunctions against strike activity, the act pointed the direction towards a more even-handed relationship between the judiciary and the nation's labor relations system. Key Provision ;
* Public policy in labor matter declared. This section provides that in the interpretation of the Act and in deter-mining the jurisdiction and authority of the courts . Works shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
* Non enforceability of undertakings in conflict with public policy; An agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union. Such contracts were used in the 1930s to prevent the formation of unions, most often by permitting employers to take legal action against union organizers.
* Injunction; A writ or process, granted by a court of equity, and, in some cases, under statutes, by a court of law, whereby a party is required to do or to refrain from doing certain acts, according to the exigency of the writ.
The Norris-La Guardia Act Impact ;
* Protecting worker's self-organization.
* Outlawing the "yellow dog" contracts.
* Allowing for the creation of unions.
* Removing jurisdiction from federal courts.
Question Three the Wagner Act
Recognized for the first time the right of workers to organize and bargain collectively with their employers. The act overturned decades of court decisions that asserted that labor unions violated an employee's liberty of contract.
* It endeavors to preclude or remedy inequitable labor practices committed by either employees or unions. It can issue "cease and desist" orders against unethical practices, including pressuring employees, bias against union members, and refusal to meet at the bargaining table with employees.
* When requested, it conducts elections to determine the employee representatives for collective bargaining.
* The NLRB also can request that the federal courts sanction board rulings.
The Wagner Act Impact ;
* Gave employees the right to organize.
* Required employers to meet and bargain with their employees.
* Protected the “right to strike.
* Created the National Labor Relations Board.
Question Four ; The Taft-Hartley Act.
* Campaign expenditures. The Act was the first law barring unions and corporations from making independent expenditures in support of or [in] opposition to federal candidates.
* Union security clauses. The amendments also authorized individual states to outlaw union security (such as the union shop) entirely in their jurisdictions by passing. A right-to-work law, under Section 14B of Taft–Hartley, prevents unions from negotiating contracts or legally binding documents requiring companies to fire workers who refuse to join the union
* Right of employer to oppose unions. The Act revised the Wagner Act's requirement of employer neutrality, to allow employers to deliver anti-union messages in the workplace. The amendments also gave employers the right to file a petition asking the Board to determine if a union represents a majority of its employees, and allow employees to petition either to decertify their union, or to invalidate the union security provisions of any existing collective bargaining agreement.
The Taft-Hartley Act Impact ;
* Listing the rights of employees who are union members,
* To prescribe the legitimate rights of both employees and employers in their relations affecting commerce.
* To provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other.
* To protect the rights of individual employees in their relations with labor organizations whose activities affect commerce.
* To define and proscribe practices on the part o...
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