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NLRB
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., with over 30 regional, sub-regional and resident ...
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List Of Chairmen Of The National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., with over 30 regional, sub-regional and resid ...
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United States Labor Law
United States labor law sets the rights and duties for employees, Labor unions in the United States, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the US corporate law, corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally gua ...
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National Labor Relations Act Of 1935
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, in ...
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Unfair Labor Practice
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). Schlesinger Jr., Arthur M. ''The Age of Roosevelt: The Coming of the New Deal: 1933–1935.'' Boston: Houghton Mifflin Co., 1958, p. 400-406. Definition of "unfair labor practice" The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to: *interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists *to dominate or interfere with the formation or administration of a labor organization *to discriminate against an employee from engaging in c ...
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Lauren McFerran
Lauren McFerran is an American lawyer and government official who is a member and chairman of the National Labor Relations Board. She is one of three Democrats currently serving on the board. Prior to serving on the board, she worked as a law clerk, in private practice, and as a labor lawyer for the Senate Committee on Health, Education, Labor, and Pensions (HELP Committee). Biography McFerran received her Bachelor of Arts from Rice University and her Juris Doctor from Yale Law School. From 2001 to 2002, McFerran served as a law clerk for Chief Judge Carolyn Dineen King on the Court of Appeals for the Fifth Circuit. From 2002 to 2005, she was an associate attorney at the law firm Bredhoff & Kaiser. She then served in multiple roles as a staff member for the HELP Committee in the U.S. Senate, including as senior labor counsel for committee member Senators Ted Kennedy and Tom Harkin from 2005 to 2010, as chief labor counsel for the committee from 2010 to 2014, and as deputy st ...
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National Labor Board
The National Labor Board (NLB) was an independent agency of the United States Government established on August 5, 1933, to handle labor dispute A labor dispute is a disagreement between an employer and employees regarding the terms of employment. This could include disputes regarding conditions of employment, fringe benefits, hours of work, tenure, and wages to be negotiated during co ...s arising under the National Industrial Recovery Act (NIRA). Establishment, structure and procedures The American labor movement, encouraged by the protections guaranteed under Section 7(a) of the National Industrial Recovery Act (NIRA), undertook a wave of organizing not seen in almost two decades. A series of strike action, strikes overtook the country in the summer of 1933.Morris, p. 25. The NIRA established the National Recovery Administration (NRA), and General Hugh S. Johnson was named the agency's administrator. Gen. Johnson had initially expressed the hope that the NIRA would be sel ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry-wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and em ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ...
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Union Violence
Union violence is violence committed by unions or union members during labor disputes. When union violence has occurred, it has frequently been in the context of industrial unrest. Violence has ranged from isolated acts by individuals to wider campaigns of organized violence aimed at furthering union goals within an industrial dispute. Anti-union violence has also occurred frequently in the context of industrial unrest, and has often involved the collusion of management and government authorities, private agencies, or citizens' groups in organising violence against unions and their members. Overview Protests and verbal abuse are routinely aimed against union members or replacement workers who cross picket lines ("blacklegs" or "scabs") during industrial disputes. The inherent aim of a union is to create a labor monopoly so as to balance the monopsony a large employer enjoys as a purchaser of labor. Strikebreakers threaten that goal and undermine the union's bargaining position, and ...
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Protected Concerted Activity
Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States. It is a legal principle under the subject of the freedom of association. The term defines the activities workers may partake in without fear of employer retaliation. In countries where there is relatively robust employee dismissal protection, the protection of protected concerted activity is less of a distinct legal issue. In liberal market societies like the United States, where it is comparatively easy for an employer to fire an employee, the issue of protected concerted activity has become an important employment protection. The National Labor Relations Act, the main labor policy governing labor relations in the United States, defines concerted activity in Section 7. Section 7 - Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of ...
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Independent Agencies Of The United States Government
Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by the Congress, each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Executive and regulatory agencies Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Exec ...
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Appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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