Orange County Employment Lawyer

National Labor Relations Act

The National Labor Relations Act, more commonly known as the Wagner Act, is a 1935 national law that protects worker’s rights in the private sector to organize labor unions and take part in strikes and collective bargaining. It does not extend to all private sector employees; in fact, the Wagner Act does not cover agricultural workers, supervisors, independent contractors, and people covered by the Railway Labor Act.

The National Labor Relations Act also established a federal agency, the National Labor Relations Board (NLRB). The NLRB retains the power to investigate and rule on charges of unfair business practices. Additionally, the agency is also capable of holding elections for workers to decide if they want to be represented by a union. After its introduction, many employers refused to recognize and honor the act. However, the historical ruling of the 1937 Supreme Court case National Labor Relations Board v. Jones & Laughlin Steel Corporation changed the enforceability of the Wagner Act. This case increased the power of Congress and faced immediate criticism from groups such as the American Federation of Labor, who accused the NLRB of favoring the Congress of Industrial Organizations over employers.

Since its introduction, opponents of the Act have introduced several hundred amendments designed to lessen or eliminate the Act. All of them have failed, except for the Taft-Hartley amendments of 1947.

If you have experienced employment problems because of union involvement, it is recommended to contact legal counsel to protect your rights. The Orange County employment lawyers at Perry Smith will aggressively fight against unfair workplace practices. Contact them today at 888-356-2529 to learn more.


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