National Labor Relations Act (NLRA): Wagner Act (1935)

The National Labor Relations Act (NLRA), also known as the Wagner Act of 1935, is a federal statute that established collective bargaining and created the National Labor Relations Board (NLRB) to supervise elections and combat unfair labor practices.

The National Labor Relations Act (NLRA), commonly referred to as the Wagner Act of 1935, is a cornerstone of federal labor law in the United States. This pivotal legislation established the foundation for modern collective bargaining and labor relations.

Historical Context

The NLRA was enacted during the Great Depression, a time marked by economic strife and labor unrest. Senator Robert F. Wagner sponsored the Act to protect workers’ rights to organize and bargain collectively and to curtail private sector labor and management practices that could harm the economy and workers.

Key Provisions

Creation of the National Labor Relations Board (NLRB)

The Act created the National Labor Relations Board (NLRB), an independent federal agency vested with the authority to enforce labor laws and ensure fair labor practices.

NLRB-Supervised Elections

The NLRB was empowered to oversee elections in which employees could vote to form or join labor unions. This process aimed to ensure that workers could freely and fairly select their representatives.

Outlawing Unfair Labor Practices

The NLRA made it illegal for employers to engage in several “unfair labor practices,” which include:

• Interfering with, restraining, or coercing employees in the exercise of their rights.
• Dominating or interfering with the formation or administration of any labor organization.
• Discriminating against employees for engaging in union activities.
• Retaliating against employees for participating in NLRB proceedings.

NLRB’s Authority to Conduct Hearings

The NLRB was given the power to conduct hearings and investigations into complaints of unfair labor practices, ensuring that workers’ rights were upheld.

Importance and Impact

Enhancing Workers’ Rights

The NLRA fundamentally strengthened the power of labor unions and enhanced workers’ rights to organize, improving workplace conditions and giving employees a voice.

Economic Stability

By promoting collective bargaining, the Act aimed to reduce industrial strife and foster economic stability.

Influence on Subsequent Legislation

The NLRA set a precedent for subsequent labor laws and influenced labor relations frameworks around the world.

Applicability

Sectors Covered

The NLRA applies to most private sector employees but excludes agricultural workers, domestic workers, independent contractors, and certain supervisor categories.

FAQs

What Rights Do Employees Have Under the NLRA?

Employees have the right to self-organize, form, join, or assist labor organizations, bargain collectively, and engage in other protected concerted activities.

What Is an Example of an Unfair Labor Practice?

An example is an employer threatening employees with job loss if they join or vote for a union.

How Does the NLRB Enforce the NLRA?

The NLRB investigates complaints, conducts hearings, and can issue orders requiring employers to cease and desist from unfair practices.

Summary

The National Labor Relations Act (NLRA) of 1935, or Wagner Act, remains a foundational statute in U.S. labor law. By establishing the National Labor Relations Board, outlawing unfair labor practices, and ensuring the right to collective bargaining, the NLRA significantly empowered workers and shaped the landscape of labor relations.

References

1. National Labor Relations Act, 29 U.S.C. §§ 151-169.
2. National Labor Relations Board. (n.d.). The NLRB Process. Retrieved from https://www.nlrb.gov
3. Bernstein, I. (1970). The Turbulent Years: A History of the American Worker, 1933-1941.