Labor laws are guidelines that regulate the relationship between employees, unions, employers, and the government. The legislations serve a number of purposes. The primary role of the decrees is to create a balance between the bargaining power of the workers and their managers. According to Budd, these laws grant employees the right to form and take part in labor unions (102). In addition, the acts allow workers to participate in such activities as picketing, lock-outs, and strikes. All the guidelines provided by labor laws help workers to demand for their rights from the employer.
In this memorandum, the author will discuss how specific acts can apply in a legal labor case. The primary purpose of applying the decrees is to determine how they can help employees to form and engage in union activities.
Laws that Apply to Cases Touching on Labor Unions
In the workplace, employees have the right to form labor unions. The primary purpose of these organizations is to assist workers to bargain for better wages and working conditions with their employers (Adkins 89). However, some employers violate the acts and stop their workers from forming new unions. To tackle such cases, various labor laws can be used. They include the following:
- The National Labor Relations Act of 1935 (NLRA)
In the case scenario presented, the manager has threatened to fire workers if they continue with the plans to form a trade union. According to the statutes covered under NLRA, employees in the private sector also have the right to form and take part in trade organizations (Carrell and Heavrin 112). In addition, the act allows the workers to participate in collective bargaining and demand for better wages and working conditions. To this end, their activities are protected by the law. NLRA also bars employers and trade unions from engaging in unfair labor practices that may harm the welfare of the individual employee (Budd 96). With regards to this, Section 8 of the U.S Constitution highlights various activities that are considered to be unfair labor practices. One of them involves interference with, among others, the right of the employee to participate in labor unions. Others include compelling or restraining employees from engaging in such activities as self-organization. Prohibiting workers from forming, joining, and assisting trade unions is also regarded as an unfair practice on the part of the employer. The stipulations made by NLRA reveal that the manager has no right to fire workers if they continue with their plans to form a union.
- The Civil Service Reform Act of 1978 (CSRA) Standards of Conduct
The CSRA Act of 1978 can be applied in the presented case scenario. According to the decree, labor organizations are required to enlighten employees on their rights in the workplace. Workers should be well informed about their privileges and right to take part in such activities as collective bargaining (Fossum 78). In addition, employees have the right to engage in office elections and other activities carried out by their trade union. According to Lee, the CSRA Act of 1978 also allows workers to exercise free speech without fear of retaliation or discrimination (103). In the complaint presented to the human resource department, the manager has asked workers to refrain from taking part in discussions involving unions. The case reveals the employer is violating the guidelines stipulated in the CSRA Act of 1978. Their conduct is infringing on the rights of the employees.
- Federal Labor Relations Act of 1978 (FLRA)
The FLRA Act of 1978 can be used to determine the case presented to the human resource department (Budd 33). The reason for this is because it is a decree that provides federal government employees with a platform for collective bargaining in the workplace. Ross notes that the statute seeks to avert labor management disputes that may arise in the place of work (65). If the issues raised are not resolved, they can disrupt the activities and performance of the federal government. The FLRA Act has guidelines that can be used to settle disagreements between the employees and the employer (Lee 43). To this end, it helps employees to choose unions that can represent them in collective bargaining processes. In addition, the act defines the nature of the members that can participate in the discussions. Employers should be aware of these rights to ensure that the welfare of their employees is not threatened (Adkins 21). On their part, workers should take a proactive role to ensure that their rights are respected.
In a workplace setting, the operations of employers and employees are governed by different labor legislations. The statutes are meant to ensure that workers get fair treatment and have stable relationships with their managers. In cases where disputes arise, the labor laws are used as mechanisms to resolve the disagreements. Consequently, both the worker and the employer benefit.
Adkins, John. Employment Law: Statutes & Regulations, Egan, Minn.: West Pub., 2007. Print.
Budd, John. Labor Relations: Striking a Balance. 4th ed. 2013. New York: McGraw-Hill/Irwin. Print.
Carrell, Michael, and Christina Heavrin. Labor Relations and Collective Bargaining: Private and Public Sectors. 10th ed. 2013. Upper Saddle River, N.J: Pearson. Print.
Fossum, John. Labor Relations: Development, Structure, Process. 11th ed. 2012. New York, N.Y.: McGraw-Hill. Print.
Lee, Georgie. Labor Relations, New York: Avalon, 2011. Print.
Ross, Jenifer. Employment Law, Dundee: Dundee UP, 2010. Print.