Introduction
Current labor laws are capable of dealing with labor-management problems. There are many labor laws in the United States that govern employment policies and practices. These laws cover a variety of industries and its workers, and should not be abolished. Five important labor laws that have further clarified labor-management roles includes: Norris LaGuardia, Wagner, Taft-Hartley, Landrum-Griffin, and the Civil Service Reform Act, Title VII. Fossum (2009), states that these five laws “enable collective bargaining, regulate labor and management activities, and limit intervention by the federal courts in lawful union activities” (p. 89). Fossum was demonstrating how the laws brought about changes in labor management practices. These laws were mentioned because each one was significant in their ability to bring about change in labor relations through amended legislation.
The Workplace Prior to Labor Laws
One of the first federal labor laws was the Norris LaGuardia Law of 1932. This law supported organized labor even though it had limited powers at the time. The Society of Human Resource Management [SHRM], 2016), considered it “a significant victory in labor reform” (SHRM, 2016). This law was a major breakthrough in the 20th century. Prior to the Norris LaGuardia Law of 1932 employees did not have an advocate in the workplace. Employees were thrown in jail and fined if they chose to strike or picket against their employer. The employer would go to court and seek injunctions against the workers if the workers chose not to follow the employer’s directions. Most of the employment practices during that time favored management. The Norris LaGuardia Law was a milestone for employees and helped them to ensure fair treatment from their employers. This is a significant change in the 21st century, because workers are free to protest unfair treatments, organize strikes and walkouts against their employers.
The Need for Labor Laws
Without labor laws and legislation to protect employees and employers, the workplace would be a difficult place to work. Laws such as the Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), also assisted labor with getting fair treatment. According to (The Department of Labor [DOL], 2016), stated that the law was enacted by Congress “primarily to ensure basic standards of democracy and financial integrity in labor organizations representing employees in private industry” (DOL, 2016). The LMRDA was important because of the vast amount of people that were affected. The DOL (2016), states that the LMRDA “directly affects millions of people throughout the United States” (DOL, 2016). Furthermore, the LMRDA gave unions a Bill of Rights, and held employers, union workers and labor relations accountable for their actions. All parties were required to disclose and report their activities when they were working in union related functions. Without this law, labor and management had no accountability to each other; therefore many unethical practices and a lack of professional integrity were being displayed. This was an important decree for the private industry workers, because most labor laws protected public sector workers and union workers.
Current Laws and their effectiveness
The current laws are adequate because they have brought about change. Prior to labor laws and reporting agencies, many labor complaints went unheard. When a complaint is brought to The National Labor Relations Board (NLRB), they are all investigated thoroughly. The NLRB states that from fiscal year 2012 to fiscal year 2014, roughly 20,000 unfair labor practice charges were filed each year. Of those charges filed, only about 6500 settlements were made (NLRB, n.d.). Opponents might argue that the amount of charges filed means that the laws are not working, this is not the case. These numbers show that not every unfair labor practice charge was merited or had a factual basis. Furthermore, more than half of the charges brought against the employers were either dismissed or withdrawn by the complainant (NLRB, n.d).
Labor Law Controversy
Labor law reform can be controversial because it is often viewed differently depending on who is being represented. The controversy arises when labor and management disagree on employee laws and practices. Labor and management want different things in the workplace, and both sides often feel that they slighted. Fossum (2009), states that “management favors reforms that would allow companies to implement more employee participation programs” (p. 87). Some of these programs include wages, hours and conditions of employment. These are not typically issues that labor has participated in; therefore many employer-sponsored programs do not allow that type of interaction. According to Fossum (2009) “labor is more concerned with reforms that would improve opportunities to organize” (p. 87). Fossum (2009) said employees wanted to decide how they want to be represented, and wanted the representation to be timely (Fossum, 2009, p. 86). Labor and management must learn to work together collectively in order for a labor-management partnership to work. If the employees feel like they are not being valued then they will despise management. Likewise, if management feels like workplace practices are being violated, then they will also despise the labor.
Conclusion
The current labor laws and legislation have shown that labor related issues are being handled appropriately. With all of the laws, policies, procedures and constant legislation regarding labor management practices, there are no laws that will satisfy everyone. If the current laws were abolished, there would be a dilemma in the workplace. The current labor laws work together to provide strong, effective methods to govern labor-management unions. There will never be a perfect law that will fit everyone. In order to determine if a law should be abolished, one would need to review the law in its fullness. The effectiveness of the law and progress in the workplace must be evaluated. Cussen (2012), states that “regardless of their effectiveness, labor unions have played a major role in workers' rights” (Cussen, 2012). Therefore, labor unions must diligently work with management and labor to ensure that management is adhering to the labor laws and that their employees are following workplace protocol.
References
Cussen, M. P. (2012, December 27). Are Labor Unions Effective? Retrieved March 15, 2016,
Fossum, J. A. (2009). Labor relations: Development, structure, process (10th ed.). Boston:
McGraw-Hill Irwin.
NLRB.gov. (n.d.). Retrieved March 15, 2016, from https://www.nlrb.gov/news-outreach/graphs-
data/charges-and-complaints/charges-and-complaints
Norris LaGuardia Act of 1932. (n.d.). Retrieved March 15, 2016, from
https://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/norris-laguardiaactof1932.aspx
U.S. Department of Labor Office of Labor-Management Standards. (2012, October 22).
Retrieved March 15, 2016, from http://www.dol.gov/olms/about/mission_and_purpose.htm
