The Law of Labor-Management Relations PREV LIR 401. Complete Study and Class Notes (70 Pages)

The Events Leading Up to the NLRA Important Event Preceding the 1935 NLRA: Senator Robert Wagner Drafted the NLRA Section 8 makes it an unfair labor practice for an employer to: Note that, under NLR A Section 8, ONLY an employer could commit an unfair labor practice. It was impossible for a union to violate the Wagner Act. (This would change in 1947, as we shall see in our next class, because the Taft-Hartley Act recognized UNION ULP‟s Congressional Purposes in NLRA - Section 1 – Emphasis Is on Protecting In terstate C ommerce NLRA – Embodied a Vision of Democracy at Work……or, “Industrial Democracy” NLRA – Embodied a Vision of “Industrial Democracy” The Fight Over Constitutionality of NLRA/NLRB Testing the NLRA‟s Constitutionality: NLRB v. Jones & Laughlin Steel J&L Steel Argued vs. Constitutionality of NLRA Seeing J&L Steel in Context: A High Point in Constitutional Crisis of „30‟s Most Relevant to Constitutionality of NLRA? 1936 Fate of the Bituminous Coal Recovery Act (BCRA) The Supreme Court Invalidates BCRA (note role of Justice Owen Roberts) &L Case Goes Before NLRB and Later, Before a Circuit Ct of Appeals How It Went in Court of Appeals In a three page (per curiam) opinion, the 5th Circuit ruled that the NLRA was UNconstitutional, and so it stopped the ULP case against J&L dead in its tracks. Then NLRB appealed to the Supreme Court the 1936 Presidential Election Emboldens FDR West Coast Hotel v. Parrish (Sup. Ct. 1937) West Coast Hotel (1937): Majority Greatly Limited Lochner v. New York (1935) West Coast Hotel: The Majority‟s Reasoning (continued) Back to NLRB v. Jones & Laughlin The Importance of Wage Restraint (Preventing Wartime Inflation) Another WWII Innovation – Birth of Anti-Discrimination Rules V-E and V-J – Victory and “Conversion” Republican Takeover in Congress and The Taft-Hartley Act Taft-Hartley: Veto and Override What Did (1947) Taft-Hartley Do? What Taft-Hartley Did