The decision handed down by the panel on Tuesday rejected plaintiffs' additional arguments alleging that arbitration agreements were unenforceable because they contained class action waivers that violated the
National Labor Relations Act of 1935.
Workers argued the class-action waivers were in violation of the
National Labor Relations Act of 1935, which guarantees union and private workers the right to engage in "concerted activities" for mutual aid or protection.<br />But Gorsuch said the court's decision was based on court precedent and the Federal Arbitration Act favoring arbitration.
Farm workers had been excluded from the
National Labor Relations Act of 1935 and, despite many union efforts to organize farm workers without NLRA protections, it was only in 1962 that Cesar Chavez and Dolores Huerta founded the National Farm Workers Association, the union that became the United Farm Workers (UFW) and won 40% wage increases in table grape contracts in 1966, largely because Bracero workers were not available (Martin, 2003).
Congress passed the
National Labor Relations Act of 1935 (the NLRA
The most significant piece of legislation in that regard was the
National Labor Relations Act of 1935, also referred to as the Wagner Act, named after its chief sponsor, Senator Robert Wagner of New York.
Selected statutes include the Sherman Act, Clayton Act, Railway Labor Act of 1926,
National Labor Relations Act of 1935, Federal Arbitration Act, and US Bankruptcy Code.
Senator to write the
National Labor Relations Act of 1935 (known as the Wagner Act).
The Norris-LaGuardia Act of 1932 and the
National Labor Relations Act of 1935 swung the tide in favor of unions, outlawing "yellow-dog" contracts that would allow workers the freedom to choose not to join a union as a condition of employment, prohibiting federal judges from issuing injunctions to prevent strikes (and to protect private property rights), and forcing workers and employers to accept "exclusive representation" once a union is validated by majority vote.
One area of agreement on both sides, however, is that the effects of the EFCA would be broad and sweeping, with many experts predicting that passage of the bill could trigger the largest unionization drive since the
National Labor Relations Act of 1935. To illustrate this, they point to Canada, which has mandatory card check in several provinces and about 32% of workers belong to a union (compared to 12% in the U.S.).
The card check bill would eliminate over 70 years of precedent established under the
National Labor Relations Act of 1935.
The bill would eliminate more than 70 years of precedent established under the
National Labor Relations Act of 1935 by taking away employees' freedom to choose whether to join a union under a federally supervised, secret ballot election.
Moreover, there could be even more "voice" for non-union workers if it were not for a provision in the
National Labor Relations Act of 1935 prohibiting management from establishing or assisting any "labor organization." This New Deal relic was designed to wipe out competition for worker loyalty in the form of company unions and it has been interpreted as outlawing company quality circles or other means of fostering cooperation.
