Introduction
The National Labour Relations Act popularly known as the NLRA is the act which was enacted by Congress in the year 1935; the Act was basically aimed at protecting the rights of the employee as well as employer (James, 2009).
This Act encourages collective bargaining and it restrains certain private-sector labor and management practices that can harm the general welfare of workers. It was enacted so that it could be able to serve the nationwide interest in labor relations. The act usually tackles such issues as common strikes, conflicting relationships among workers and the top management, as well as protecting the rights of workers. Also, the act upon protecting the interests of workers and their employees also serves to protect the interest of the country’s economy by protecting and nurturing the workforce. No single person can refute that industrial harmony is necessary for an operation economy.
The National Labour Relations Act is often divided into three major aspects whose roles though different and defined from one another serve the major purpose of protecting the worker. It is self-explanatory to understand to what extent such definitions are important for a worker – first of all, they allow employees and labor unions to understand explicitly what to demand as well as also what they can get and gain from one another.
At the same time, it also aims at encouraging collective agreements on various issues and abolishes some practices on the part of labor-management usually known as unfair labor practices. According to the National Labour Relations Act, unfair labor practices are those practices that discourage the welfare of workers. Through the National Labour Relations Act, the employees of an organization will strongly exercise their legal power to join or not to join such practices.
For example, if a new production line is introduced and the demand of the product line seems to harm a worker through the labor law, one will be able to argue as to why he or she should be transferred or referred to another department where one can work with comfort and freedom from intimidation.
Application of the National Labour Relations Act
So, how one can apply to the National Labour Relations Act? For instance, in case of sexual harassment of a woman or a male worker by the manager, one can apply to the Act. The courts in this case often look at such underlying factors as (1) whether there is a labor dispute as defined under the National Labour Relations Act or not, (2) whether the kind of business one is engaged in is profitable under the National Labour Relations Act, (3) and whether, on the other hand, the activity is affecting the income of another person who is not under the act.
However, there exists also the National Labour Relations Board, which monitors cases brought to them with reference to the National Labour Relations Act. For example, they may look at the activities brought forward and determine as to whether the case/matter is worth pursuing or not at all. In so doing, it does not necessarily mean that they should undermine the policies; what it means is that they will reach a fair and just decision.
National Labour Relations Act and the Employees
Generally, the National Labour Relations Act was put in place to guide, restrict and also protect the employee, by all means, thus it applies to employees directly or indirectly. However, this also has limitations, which consist in the fact that not all employees are covered by the Act.
Exclusions are given to the Government and union sable workers, central and country offices in America, central banks, workers subject to the Railway Labour Act, and labor unions and their officials. The National Labour Relations Act also has exceptions over companies that are known to have multiple functions, for example, a privately owned company and an essential municipal function. Another exemptions are the religious schools. Previously health workers were also exempted but are now included in the act.
How National Labour Relations Act is enforced
For the National Labour Relations Act to be enforced to all the workers or those employees not exempted, then it has to be controlled by a strong labor board in the country. This board is known as the National Labour Relations Board and the General Counsel. The two offices, the general counsel and the regional offices are usually imbued with the task of thoroughly ensuring that prosecution of chargers, which come about due to an unwanted labor practice, is observed and completed.
Weaknesses of the NLRA
Some of the weaknesses of the national labor relations act, commonly known as the Wagner act are that more power is bestowed on the unions. Sooner or later the unions may use this power to dictate the company’s remuneration which may bring down the company at the end of the day. There is also the issue of collective bargaining during salary negotiations. This is a great issue not only in America but all over the world. As of now companies are forced to shut down or incur great compensation when laying off workers which is not a good thing for the economy.
The Right of workers
In the most common terms, the National Labour Relations Act is intended to cover and look after the interests of workers, for example, an employee’s right to the shared negotiation as well as the right of the membership.
Other areas of protection will include the right for an employee to hold a strike, to picket, the selection of employee representative or spokesperson, and the obligations of collective bargaining. This is usually known as the protected concerted activity-a situation that occurs when there is the presence of two or more employees standing up and protesting the salary, benefits, and other terms and conditions of one’s employment (Jim, 2006).
What needs to be done to protect the rights of workers?
First of all, workers must be aware of the law and how the law protects their interests as workers. The National Labour Relations Board should organize a country-wide sensitization campaign of the act to all workers and employers in America. Sensitization is one key, employees must know that these rights exist and that they are protected under the act. There should also be a labor security agreement between workers and employers. This agreement should lay down all the desires and thoughts and actions of each party on the issues regarding work and employer. Such areas will include job definitions, employee welfare, remuneration, and retirement package.
Conclusion
Throughout the country, it has been discovered that some actions by labor organizations, their officers, and members have an intention of burdening the economy or the growth of the county commercially. For this reason, the protection by law of the employers and employees’ rights to collective bargaining will surely in the end be able to protect the national economy from impairment, or interruption. And work towards positive promoting or encouraging the flow of the country’s economy due to existing industrial strikes and unrest among the workers.
References
James, Atleson.National Labour Relations, Amherst, Mass.: University of Massachusetts, 2009 Print.
Jim, Pope.Worker lawmaking, Sit-Down strikes, & the shaping of American Industrial Relations, South Melbourne: Thomson Learning, 2007. Print.