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…