The Perfect Storm for Labor Reform: Past, Present, and Possibilities for the National Labor Relations Act

Source: Kevin L. Burton, Employee Relations Law Journal, Vol. 41 no. 3, Winter 2015
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In this article, the author discusses why it is imperative that the National Labor Relations Act (NLRA) be amended to resolve the issue of employers purposely employing undocumented workers with no threat of penalty, to rectify the inability to punish for proven unfair labor practices, and to add minimum percentage requirements for American citizens in the workplace. Part one of the article lays out the legislative history and economic climate which gave rise to both the NLRA and the Taft-Hartley Amendments. Part two provides an in-depth analysis of the judicial and structural weaknesses of the Act. Part three offers detailed solutions, including a draft bill, to eradicate the weaknesses and a step-by-step plan to turn the solutions into law. Part four will discuss the proposal from a public policy perspective.