National Labor Relations Board V Ji Case Company

Author : LandMark Publications
Publisher :
ISBN 13 : 9781521858462
Total Pages : 544 pages
Book Rating : 4.8/5 (584 download)

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Download or read book National Labor Relations Act written by LandMark Publications and published by . This book was released on 2017-07-18 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the National Labor Relations Act. The selection of decisions spans from 2013 to the date of publication.Section 7 of the NLRA provides that "[e]mployees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." 29 U.S.C. � 157. Section 8 enforces Section 7 unconditionally by deeming that it "shall be an unfair labor practice for an employer... to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in [Section 7]." Id. � 158(a)(1). The National Labor Relations Board is "empowered ... to prevent any person from engaging in any unfair labor practice... affecting commerce." Id. � 160(a).Contracts "stipulat[ing] ... the renunciation by the employees of rights guaranteed by the [NLRA]" are unlawful and may be declared to be unenforceable by the Board. Nat'l Licorice Co. v. NLRB, 309 U.S. 350, 365, 60 S.Ct. 569, 84 L.Ed. 799 (1940) ("[I]t will not be open to any tribunal to compel the employer to perform the acts, which, even though he has bound himself by contract to do them, would violate the Board's order or be inconsistent with any part of it[.]"); J.I. Case Co. v. NLRB, 321 U.S. 332, 337, 64 S.Ct. 576, 88 L.Ed. 762 (1944) ("Wherever private contracts conflict with [the Board's] functions, they obviously must yield or the [NLRA] would be reduced to a futility."). In accordance with this longstanding doctrine, the Board has, "from its earliest days," held that "employer-imposed, individual agreements that purport to restrict Section 7 rights" are unenforceable. D.R. Horton, Inc., 357 N.L.R.B. No. 184 at *5 (2012) (collecting cases as early as 1939), enf'd in part and granted in part, D.R. Horton, Inc. v. NLRB, 737 F.3d 344 (5th Cir. 2013). It has done so with "uniform judicial approval." Id. (citing as examples NLRB v. Vincennes Steel Corp., 117 F.2d 169, 172 (7th Cir. 1941), NLRB v. Jahn & Ollier Engraving Co., 123 F.2d 589, 593 (7th Cir. 1941), and NLRB v. Adel Clay Products Co., 134 F.2d 342 (8th Cir. 1943)).