Taft Hartley Act - 1947 (amendment to NLRA)
attempted to “balance” obligations betweenemployers and unions by restraining union as well as employer unfair labor practices by providingalternatives to collective bargaining where public health or safety is seriously affected.a.Permitted individual states to outlaw union shopsb.Outlawed secondary boycotts and mass picketingc.Provided enforcements of labor agreements.2.
Landrum-Griffin Act -
Affected the internal affairs of unions and prohibited "sweetheart"contracts.
II. THE JURISDICTION, STRUCTURE, AND PROCEDURE OF THE NLRBA.NLRB JURISDICTION1.Enterprises covered:
The Commerce Requirement and Other Limitations on NLRB Jurisdiction
NLRB’s jurisdiction extends to cases “affecting commerce” as defined in
Board self-limited itself in 1958, saying that commerce only applied where:a)
- have at least $500,000 annual business;b)N
- (ex. manufacturing) have at least a $50,000 annual outflowor inflow, direct or indirectc)
Instrumentalities, links, and channels of insterstate commerce
- (ex. Truckingcompanies, etc.) which derive 50,000 or more annually from interstate portions of their operations, or from services performed for employers in commerced)
- which have at least $250,000 gross annual volume or qualify underthe jurisdictional standard applicable to non-retail firmse)
- (other than taxicabs) with an annual gross volume of $250,000 ormoref)
Newspapers and communication systems
- radio television, telegraph andtelephone systems have $100,000 gross volume and Newspapers which have$200,000 gross volumeg)
– all firms having a substantial impact on national defenseh)
Proprietary and nonprofit hospitals
– with an annual revenue of at least$250,000i)
Law Firms and Legal Assistance Programs
– with gross annual revenue of atleast $250,0002.
:a.Religiously-Operated Activities – NLRB v. Catholic Bishop of Chicago – prevented the Boardfrom dealing with any religiously-operated activity that involves employees (interferencewith 1
Amendment).b.Most significant group of excluded employers are public employers – federal, state, county,and municipal government.
a.Some categories of employees at common law that are excluded statutorily – agriculturalworkers, domestic workers, and supervisors.b.Undocumented alien workers – SureTan, Inc v. NLRB – Court sustained the extension of Labor Act to aliens unauthorized to work in the United States.c.Foreign Employee and Company Jurisdiction –
jurisdiction over American citizens who are
employed outside of US by American companies although employees in
assignment abroad are still covered – jurisdiction over foreign companies doingbusiness in US.4.
definition of “employee” – Taft-Hartley adds exclusions for:a.
– Board interpreted this statutory exclusion narrowly, holding thatno worker can be considered agricultural unless his duties form an integral part of ordinaryfarming operations.a)Work must ordinarily be of a sort performed before the products can be marketedthrough normal channels.b)Not specifically excluded but developed under common law decisions.b.
Independent Contractors (§2(3))
– Congress found distinction between “employees” whodo a job for a wage, and “independent contractors.”a)Tests for “Independent Contractor” Status :1)
Right to control test
(Common law test, Respondeat Superior) – doesemployee have a right to control the manner and means by which the job isdone? Supreme court concluded that this test is vague, applied differently indifferent juridictions, thus irrelevant for the purposes of the Wagner Act, which
2 –Levy 2012