| Throughout the essay, I will discuss the aspects | | | | create a hostile and adversarial relationship |
| of the law (NLRA) that I find most troublesome, | | | | whereas an employer (e.g., Wal-Mart) intent on |
| and why. In addition, I will endeavor to propose, | | | | resisting workers' self-organization can drag out |
| given the opportunity, what I would do to correct | | | | legal proceedings for years, fearing little more |
| the problems and what effect do I think my | | | | than an order to post a written notice in the |
| solution might have. | | | | workplace promising not to repeat unlawful |
| The National Labor Relations Act (NLRA), also | | | | conduct. |
| known as the Wagner Act, is a United States | | | | For a solution (as Dr. Erik Peterson eloquently |
| labor law passed in 1935. It protects workers' | | | | argued), we don't need to look any further than |
| rights to organize and makes it illegal (via the | | | | card check agreements - build trust between |
| enforcement of the NLRB) for employers to | | | | union and employer and avoid expending public |
| interfere with that right. | | | | and private resources on unnecessary election |
| Like Marxism (Communism), NLRA looks better in | | | | campaigns. Similarly, the 2000 Human Rights |
| theory than in practice. For worse, the NLRA was | | | | Watch Report recommended that Public policy |
| handicapped by the Taft-Hartley Act, passed in | | | | should encourage the use of voluntary card-check |
| 1947, which seek to reverse the gains achieved | | | | agreements as an alternative means of |
| by the unions via the NLRA. | | | | establishing workers' majority sentiment and |
| If I should be given the opportunity, I would | | | | collective bargaining rights. |
| abolish the Taft-Hartley Act (otherwise, known as | | | | Speaking of Public policy, the Employee Free |
| the slave labor law), especially due to its creation | | | | Choice Act (EFCA) that is currently making its |
| of a division in the NLRB so that the people (the | | | | way through Congress would be a remedy to the |
| General Counsel) prosecuting unfair labor practices | | | | setback suffered by the decision made in the |
| were not the same people (the Board) making | | | | case: Dana Corp.; Metaldyne Corp. 351 NLRB No. |
| the final determination. (Please see my answer to | | | | 28 (2007). (Please see my earlier essay for |
| the Short Answer question 3 for further | | | | further explanation). According to |
| discussion.) Thus, the NLRA would once more | | | | This new law would allow, or perhaps require, |
| become 'a level playing field.' | | | | recognition of unions by a company that is |
| Bear in mind, the NLRA, as amended, in its | | | | presented with a sufficient number of "voluntarily" |
| present form is similar to an apple with many | | | | signed union authorization cards. Other |
| worm holes (pun on loop holes). I could write a | | | | controversial provisions of the law would require |
| thesis on the many problems of the NLRA and | | | | companies and unions that cannot reach a first |
| offer solutions but I am limited by the scope of | | | | contract to submit their dispute to mandatory |
| this paper. | | | | binding arbitration. |
| The next problem of the NLRA pertains to the | | | | In conclusion, I discussed the aspects of the law |
| NLRB elections. (Please see my Essay # 1 for | | | | (NLRA) that I find most troublesome, and why. In |
| further elaboration.) NLRB elections provide certain | | | | addition, I endeavored to propose, given the |
| protective features - the privacy of the voting | | | | opportunity, what I would do to correct the |
| booth; the secret ballot, and governmental | | | | problems and what effect do I think my solution |
| oversight. On the other hand, its campaign can | | | | might have. |