Labor Management Disputes under the NLRA. Professors Mason and Pynchon Spring ’07 Selected Issues in ADR: Employment. Some Historical Highlights of the Labor Movement. 1825 – 1st strike for the 10-hour work-day in Boston. 1835 Children strike for 11 hour day/6 day wk
Professors Mason and Pynchon
Spring ’07 Selected Issues in ADR: Employment
The National Labor Relations Act gives private sector workers the right to choose whether they wish to be represented by a union &
establishes the National Labor Relations Board to hold elections for that purpose.
Miners Strike 1926
All employees—both union and nonunion—have the right to engage in concerted activities for mutual aid or protection. NLRB v. Washington Aluminum Company, Inc. (1962) 370 U.S. 9 (1962) (extending Section 7 rights to unorganized employees who walked off the job to protest the lack of adequate heat in their plant); Fairmont Hotel Company (1970)230 NLRB 874 (1977)
(protecting employees’ inquiries and complaints about tip policy).
No notice of Rights required
Has the “workplace has become a garden of litigation [to which the NLRB] is adding another cause of action to flower . . . hiding in the weeds”
EMPLOYEE VOICE IN THE ANGLO-AMERICAN WORLD: CONTOURS & CONSEQUENCES by Thomas A. Kochan M.I.T.