Labor law deals with the relationship between employees and employers and the bargaining power that each respective party holds against the other party. Labor laws are the source of the union power that employees hold and as a result, the source of the rights that are awarded to the employees and employers from that power. Employees and employers are awarded the right to strike, the right to picket, the right to seek injunctions and the right to arrange a lockout through the power of a union. Labor law is governed through federal, state and local statutes and judicial decisions. A number of administrative agencies, the most well-known being the National Labor Relations Board (NLRB), also oversee the world of Labor law and contribute to its function. The state and local governments are superseded in authority by federal rulings on Labor law.Congress passed the National Labor Relations Act (NLRA) in 1935 in the heart of the Great Depression with the goal of better controlling employee/employer bargaining and union relationships on a federal scale. The act has since been amended twice (the Labor Management Relations Act in 1947 and the Labor Management Reporting and Disclosure Act in 1959), but still remains in control of most employee/employers that conduct business in a manner that affects interstate commerce. The NLRB was created by the NLRA to mediate between employees and employers and to allot specific unions to specific groups of workers. The NLRA determines which group of workers will be represented by which union by using an objective set of guidelines and regulations. The NLRA established numerous policies that continue to relate to and contribute to labor law in this country. Among them was the establishment of the General Council, which acts independent from the NLRA and acts as an investigation and prosecution unit against persons, companies or unions that violate the principles and guidelines set forth by the NLRA. The act also guaranteed employees the right to join and enjoy the fruits of a union without harassment and persecution from an employer. “Unfair labor practices” are also barred by both employees and employers by the NLRA. The NLRA requires employees and employers to practice “good faith collective bargaining.” The NLRA also guarantees the right to strike for employees.
Labor law is also very much integrated into the world of employment law. Much of the aim of the NLRA was to protect employees and stop unfair and discriminatory business practices. Employment law’s function is to do the same. Employment laws protect employees from being discriminated against by their employers based on factors such as their sexual orientation, gender, appearance, ethnicity, national origin, age, race, color, religion, marital status and disability. Discrimination can appear in the form of refusal to hire, denying a promotion, unfavorable job assignment, termination, unfair compensation and harassment. Anything that is not covered by the NLRA or other federal mandate(s) can be ruled upon and governed by the states. Anything not ruled upon by the states can be ruled upon by the local government.
