Introduction
The national labor act (NLRA) was formulated to encourage collective bargaining to protect workers’ complete freedom of association. The law protects workplace democracy by providing in the private – institutions workplace the right to a good working environment and the freedom to choose representatives without fear. The motion was raised by Wagner and was formulated and passed by congress in 1935 and amended in 1939. The national labor act was created to try to curb the strike problem due to the lack of collective bargaining among employees. The law was also created to avoid inequality in bargaining power between the employees who were permanently employed and the contracted, which brought about a working environment that was not conducive (Goad 2017). The ways of solving and taking care of employees at the workplace were also the primary cause of the formulation of the policy. It was formulated to ensure the free flow of activities at the workplace without any obstacles.
This act led to the creation of a national labor relations board, as indicated in the labor-management act 1947. the committee should consist of five members instead of three selected by the president with the consent of the senate. Of the two additional members, one will serve a term of two years and the other a period of two years in which a successor will be appointed after five years term each (“National Labor Relations Act | National Labor Relations Board,” 2022). The board can delegate authority to the regional office to determine the unit appropriate for collective bargaining, provide a hearing and investigation, and determine whether the matters arising have a representation.
Provisions and Public Relation
The most crucial provision of the act is to ensure employees’ collective bargaining. It also provides that employee has the right to social interaction at work. It ensures that employees work without discrimination in any way. It makes sure that employees work in a secure environment and are protected from any harm. The act is mainly concerned with employee welfare and ensures that initiatives are taken to safeguard them. The world trade organization is against employee exploitation, and they have set rules and regulation that ensures employees’ standard is maintained (Levine, 2017). The act provides that the employer caters for any injury caused in the line of duty and employee compensation. The well-being of employees is the fundamental cause of the formulation of the act. The act was found to have some loopholes since congress favored changes in the presence of law, leading to the board’s formation. The board is responsible for ensuring all this. They should not seek assistance from an administrative judge or employee any attorney on matters concerning the review of the act, whether before or after publication.
The labor relation act attracted a wide range of stakeholders. The media is very keen on how an organization handles its employees and the environment they work in. The national labor-management board was created to deal with labor challenges and avoid hate speech, which would lead to worse conditions( Green,2017). Many government sectors have devoted themselves to ensuring the act is enforced in all organizations. The formation of the labor-management board helped to review and investigate any issue that may arise and develop a way to solve the problem constitutionally. In 1935 September National Association of Manufacturers disagreed with the act being constitutional, but the liberty league gave a briefing and advised the association to accept it. After that president, franklin tried to develop new economic innovations, but they were declared unconstitutional. Many employers claimed the act, and the court gave many injunctions to stop the operation of the policy till the Supreme Court gave a ruling that it was constitutional.
Structural violence
Psychological
Structural violence is when a societal structure or organization harms people by making it difficult to achieve their most fundamental needs. The policies state that an employee can be involved in the strike to ensure they get a collective bargain. for a strike to occur, there must be a valid reason, timing, object, and qualification for a strike (Canning 2017). Striking causes destruction and the act warns against unlawful strikes, which could lead to severe consequences. The responsibility of determining how lawful or unlawful the strike is, falls under the hands of the national labor relation board. The legal strike is categorized into “economic strike” and “unfair labor practice strike.” An economic strike is a case of striking to acquire some economic gain from the employer, such as increased wages, reduced working hours, and better working conditions. When they strike for such cases, employees can retain their status, but the employer may decide to replace them. If the employee accuses the employer follow the action depending on the condition of employment, they may or not be recalled back to the job. An unfair labor practice strike is when an employee protests against an unjust labor act committed by the employer. In this case, the employer cannot discharge or replace the employee. After the strike, the employee is supposed to return to the position he held.
Unlawful strikes are categorized depending on various factors, and the board can order severe consequences on the employees. Purpose – this occurs if the reason for the strike was to claim for an unlawful object. Timing- this is in cases of no-strike contact. If an employee strikes and has signed a no-strike contract, he is illegal. Unless the claims are for unlawful conduct, the agreement can be done away with (Modjeska 2017). Striking to end a contract period is a strike to change or end the condition or time required to complete a contract; this is regarded as unlawful, and the claim cannot be accepted unless the employer breaches the contract. Strike due to misconduct of employees- violence or threat to violence fall under this category. Conduct such as “sit down,” attacking representative management rivalry with employees not striking is unlawful and can lead to consequences. Health care crashes without notice- this strike can cause a lot of harm than good the strike that puts a lot of people at risk of losing life is regarded as unlawful and can result in severe consequences. The strike for health workers needs to be communicated earlier to solve the problem to avoid the loss of lives.
Cultural violence
Cultural violence refers to any component of a culture that can justify direct or institutional violence. The act only works in white color jobs work. The act protects the worker and ensures that their demand is considered. The employees take advantage of having labor unions, thus demanding high wages, leading to an increase in inflation level. America consists of different races has led to discrimination; black race striking is considered violent compared to white. The blacks are subjected to a harsh consequences even when they conduct a peaceful strike (Clarke, 2018). Strike most of the cases have resulted in violence, which has led to an increase in theft and murder. Some people strike not just because they have any issue with the employer but for other reasons; these strikes end up resulting in sexual harassment of women and girls (“Convention C190 – Violence and Harassment Convention, 2019 (No. 190)”, 2022). The act, yes, protects this act happening at the workplace, but when it gets out of hand, it results in cultural and social damage. It affects SMEs just at a startup stage; they cannot compile with the laws in the policies, thus making them subject to penalties and destruction of operations during strikes (Zhang et al. 2017). The difference in culture and beliefs has led to different claims of employees at work, which significantly is impacted by acts.
Policy Recommendations to Reduce Violence
National labor act has played a significant role in stabilizing working activities and conditions at the workplace. Though the efforts have met various challenges though small, they may cause substantial harm. The following recommendation can be of great help: a strategy that will eliminate violence in the workplace (Freedland & Kountouris 2017). The board should create awareness of the importance of avoiding violence. The board should regulate the power of labor unions. The person doing the inspection should be bound by oath to follow the administrative requirement of the country (“Recommendation R020 – Labor Inspection Recommendation, 1923 (No. 20)”, 2022). The inspector should not be biased and should be empowered to take immediate action.
Coming up with ways to reduce chaos is very important since it will help in the determination of the functional part of the organization and focus on creating quality and good services. It also helps the board know the sources of the violence and set strategies that will help avoid them. The board should create awareness of the impact of violence; they should outline major threats like health and safety. They should know that it makes a bad image for the organization and that the services and production will be affected. The labor unions should be regulated to ensure that increase in wages and salary is accompanied by an increase in productivity; this will help reduce the inflation level in the country. In cases where the employee can communicate with the employer and get a solution, negotiation should be considered to avoid a lot of damage in the production activities. The person doing the inspection should be fully committed to following administration set rules of how the inspection should be done; this will help make a uniform standardization and equality in policy implementation. The inspector should be able to follow the country’s culture; this will help avoid resistance from both employer and employees. The board should ensure that they consider all this to ensure that both employee and the employer benefit from the policies and provide no enormity is created between both parties.
Conclusion
The national labor act has created a very significant impact on the employment industry. Since the formulation of the policy to date, a significant difference has been experienced in the employment industries. The formation of the national labor-management board reduced the dependency on judges and attorneys in solving labor cases. The board is fair and just, and it is responsible for investigating and getting views from the stakeholders to help amend the act for better and more fairness to both employers and employees. Employees have been able to give their opinions, and they are listened to. It has also enabled a good working environment for employees who used to work in a risky environment that would cause health issues. The act has helped to avoid discrimination against employees; the employees are now treated equally regardless of the level of work he does. The critics of the policy tried to prove it unconstitutional, but the Supreme Court gave a ruling that it follows the rule of the country. Though promising, it does not lack loopholes since the formulation encountered favor from congress in the presence of law, which showed the need for amendment. It has been able to cause some structural harm, both psychological and cultural. The strikes have led to unlawful activities, which have led to some losing their jobs and others being subjected to harsh consequences for breaking the law. We can see that the freedom to conduct strikes is sometimes misused and results in other avoidable dangers. Different authors have given different views on the matter and come up with a recommendation. The recommendation outlined can help make the act more efficient and ensure justice is served to all labor stakeholders.
Reference
Canning, V. (2017). Gendered harm and structural violence in the British asylum system. Routledge.
Clarke, L. W. (2018). The lineaments of wrath: Race, violent crime, and American culture. Routledge.
Convention C190 – Violence and Harassment Convention, 2019 (No. 190). Ilo.org. (2022). Retrieved 31 March 2022, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C190.
Freedland, M., & Kountouris, N. (2017). Some reflections on the ‘personal scope’of collective labour law. Industrial Law Journal, 46(1), 52-71.
Goad, K. (2017). Columbia university and incarcerated worker labor unions under the National Labor Relations Act. Cornell L. Rev., 103, 177.
Green, M. Z. (2017). The Audacity of Protecting Racist Speech under the National Labor Relations Act. U. Chi. Legal F., 235.
Levine, R. F. (2017). Class struggle and the New Deal: Industrial labor, industrial capital, and the state. Class: The Anthology, 413-436.
Modjeska, A. C. (2017). Employment Discrimination Law. Rochester, NY: Lawyers Cooperative Publishing Co.
National Labor Relations Act | National Labor Relations Board. Nlrb.gov. (2022). Retrieved 31 March 2022, from https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act.
Recommendation R020 – Labour Inspection Recommendation, 1923 (No. 20). Ilo.org. (2022). Retrieved 31 March 2022, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312358:NO.
Zhang, M., Gao, Q., & Cho, H. S. (2017). The effect of sub-national institutions and international entrepreneurial capability on international performance of export-focused SMEs: Evidence from China and South Korea. Journal of international entrepreneurship, 15(1), 85-110.
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