Question

• Discuss the purpose of the following:
  • Sherman Act
  • Clayton Act
  • National Labor Relations Act (NLRA)
  • Taft-Hartley Act
• There are many items that can be negotiated as a part of a collective bargaining agreement. Discuss 3 items that can be included in the negotiation and the laws that are associated with each one.

Answer 1

Sherman Act The Sherman Antitrust Act is landmark 1890 U.S. legislation which outlawed trusts monopolies and cartels  to increase economic competitiveness. As a means to regulate interstate commerce, the law is a broad and sweeping attempt to address the use of trusts as a tool for placing the control of a number of key industries into the hands of a limited number of individuals. This act came into existence when big organizations like Standard Oil and the American Railway Union were unfairly monopolizing certain industries.It was passed to safeguard the interests of innocent consumers and to save them from paying unfair prices because of creation of monopolies.

Clayton Act It was passed in 1914. The main purpose of this act is to strengthen earlier antitrust legislation, the Clayton Antitrust Act prohibits anti-competitive mergers, predatory and discriminatory pricing, and other forms of unethical corporate behavior.The Clayton Antitrust Act also protects individuals, allowing lawsuits against companies and upholding the rights of labor to organize and protest peacefully. This act has made it mandatory for the companies desiring to merge to give notification and receive proper permission from the Federal Trade Commission to do so.

National Labor Relations Act (NLRA) Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.The National Labor Relations Act (NLRA) grants employees two basic rights: (a) the right to form, join, or assist a union and (b) the right to engage in concerted activities for mutual aid or protection, which is any effort by two or more employees to improve pay, benefits, or working conditions.

Taft-Hartley Act The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.The Taft-Hartley Act reserved the rights of labor unions to organize and bargain collectively, but also outlawed closed shops, giving workers the right to decline to join a union. It permitted union shops only if a majority of employees voted for it. It further gave the President the authority to appoint a board of inquiry to investigate labor disputes or ask the Attorney General for a federal injunction if it appears that a strike would imperil national health or safety. The Act also placed restrictions on political contributions by unions and required union officers to deny under oath any Communist affiliation.The Taft-Hartley Act also placed significant limitations on the union rights to strike and boycott.

Following are the Three main bargaining items.

llegal Subjects of Bargaining: An illegal subject of bargaining is one where, even if it is included in a collective bargaining agreement, it is unenforceable. For example, if a labor contract said that if employees are late to work three times in one week, those employees are required to snort cocaine the rest of the month. Snorting cocaine is illegal, so unions and companies are not allowed to bargain for that type of clause in a contract. Other Examples may include clauses requiring a closed shop, union-shop clauses in right-to-work states, hot cargo agreements, and anything that violates any state or federal employment law.

Permissive Subjects of Bargaining: These are subjects that are not mandatory subjects of bargaining. Either party can propose to discuss permissive subjects of bargaining, and the other side may voluntarily bargain on those subjects. Neither party may insist on bargaining that subject to the point of impasse. Once bargaining begins on a permissive subject, either side can end the bargaining on that subject without penalty. Examples of permissive subjects of bargaining are; the definition of the bargaining unit; internal union matters (which unions won’t negotiate); terms and conditions of employment for management employees (which employers shouldn’t negotiate); and the use of a court reporter at bargaining.

Mandatory Subjects of Bargaining: Certain terms and conditions of employment that must be negotiated between management and unions are called mandatory subjects of bargaining. An employer may not make a change in a mandatory bargaining subject without providing the union prior notice and an opportunity to bargain over the desired change. Neither the employer nor the union can refuse to bargain over mandatory subjects of bargaining. Examples of subjects that are mandatory for bargaining include wages, benefits such as health care and pension, grievance and arbitration procedures, contract length, seniority, union security clauses, strikes and lock outs, management rights clauses, and other terms and conditions of employment.