Michael Lotito and Sara Kalis

Michael Lotito is a Shareholder in the San Francisco office of the labor law firm Littler Mendelson. He practices all aspects of traditional labor relations, including matters arising under the National Labor Relations Act. Contact him at mlotito@littler.com. Sara Kalis is an Associate in Littler Mendelson's Minneapolis office, and she and focuses her practice on a variety of employment matters and all aspects of traditional labor relations, including matters arising under the National Labor Relations Act. Contact her at skalis@littler.com.

Articles by Michael Lotito and Sara Kalis

Legal Issues

Is It Time We Finally Part Ways With the National Labor Relations Act?

NLRB

By Michael J. Lotito and Sara B. Kalis

Some 77 years after the National Labor Relations Act was first enacted, it may be time to question the wisdom of keeping the NLRA on the books.

First enacted in 1935, an era of acute industrial strife during the Great Depression, the purpose of the Act was to eliminate obstructions to the free flow of commerce. Congress intended to encourage the practice and procedure of collective bargaining, reasoning that improved commerce would follow.

In 1935, employees were not entitled to a leave when a family member was ill, discrimination based on immutable characteristics was permissible, and there were no overtime requirements or minimum wage, resulting in a different employer-employee relationship than exists today. The Act had a clear purpose to provide employees with rights. Read more…