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National Labor Relation Act Essential Principles

Topic: Legal ServicesPublished June 20, 2012

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Frequently portrayed as the “heart” of the act it displays the law’s standard objectives. It gives employees the right to self-organization, to form, join or assist in labor groups, to deal collectively through representatives of their own choice and to take on in other mutual activities for the intention of collective bargaining or other mutual aid and security. rnThere are three major fundamentals on which the National Labor Relation Act lies and they are the exclusivity principle, the notion of free collective bargaining and the structural autonomy of the bargaining representative of the employees. Exclusivity PrinciplernThis is the standard feature of American style collective bargaining. The union representative chosen by a majority of employees in a workplace becomes the exclusive representative of all those employees. The principle obliges the employer to deal with the majority selected representative of its employees on all matters regarding their salary, hours and other employment terms and conditions. The NLRA exclusivity principle forbids employers to make changes without checking with the representative. It forbids employers to elude the representatives as well. Free Collective BargainingrnThe National Labor Relation Act second standard principle places the choice whether to organize fully to employees. Once they do choose a bargaining representative, the NLRA obliges the employer to bargain in excellent faith with the representative. The results of the bargaining procedure nevertheless, are left entirely to the group themselves, free from government intrusion or influence. Structural AutonomyrnThis principle secures the free collective bargaining system. To assure employees free choice and self-organization freedom, the act obliges the employee representative (the union) be exclusively the negotiator of the employees and that this representative stand absolutely independent of the employer. In doing this, the act has accomplished its basic objectives, to eradicate barriers to employee’s efforts to form independent associations wherein employers are forbidden to control and intervene with the formation or administration of any labor association or to give financial or other assistance to support it. rnThe act generally defines a “labor organization” of any type or any agency or employee representation committee or plan in which employees partake and which exist for the objectives in whole or part of dealing with employers involving complaints, labor disputes, salary, pay rates, employment hours and employment conditions.

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