The act also establishes guidelines and regulations to determine what union will represent a given set of employees. The right to strike is guaranteed by the NLRA. Employers and employees not subject to the NLRA may have their relationships governed by other federal or state statutes.
The Railway Labor Act governs labor relations in the railway and airline industries. The Norris-LaGuardia Act was passed in Its main effect was to limit the power of federal courts to issue injunctions prohibiting unions from engaging in strikes and other coercive activities. They may regulate employers and employees not covered by the NLRA. Category: Employment Law. Please help us improve our site!
Strikes unlawful because of timing —Effect of no-strike contract. A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer.
It should be noted that not all refusals to work are considered strikes and thus violations of no-strike provisions. A walkout because of conditions abnormally dangerous to health, such as a defective ventilation system in a spray-painting shop, has been held not to violate a no-strike provision. Same—Strikes at end of contract period. Section 8 d provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions.
If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute. If the strike was caused by the unfair labor practice of the employer, however, the strikers are classified as unfair labor practice strikers and their status is not affected by failure to follow the required procedure. Strikes unlawful because of misconduct of strikers. Strikers who engage in serious misconduct in the course of a strike may be refused reinstatement to their former jobs.
This applies to both economic strikers and unfair labor practice strikers. Serious misconduct has been held to include, among other things, violence and threats of violence.
The U. Examples of serious misconduct that could cause the employees involved to lose their right to reinstatement are:. Breadcrumb Home. National Labor Relations Board.
View Your Dashboard. The Right to Strike. It reads as follows: Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.
The other three gave employees the right to hold elections on the status of incumbent unions, to determine whether a union has the power to enter into agreements for employees, and to withdraw union representation after it's granted.
In , Congress repealed the provisions governing union shop elections. National Labor Relations Board. The New York Times. Fiscal Policy. Business Essentials. Your Privacy Rights. To change or withdraw your consent choices for Investopedia. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page.
These choices will be signaled globally to our partners and will not affect browsing data. We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Your Money. Personal Finance. Your Practice. Popular Courses. What Is the Taft-Hartley Act? Key Takeaways The Taft-Hartley Act of prohibits certain union practices and requires that they disclose their financial and political activities. The Taft-Hartley Act has had six amendments including more recent updates to right-to-work laws.
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