Free Labor Management Relations Act (LMRA) FAQs | Free Labor Management Relations Act (LMRA) Legal FAQs

What Does The Labor Management Relations Act (Lmra) Govern?

Mon, 04 Jun 2007 21:51:22 GMT

Four major historical statutes make up what is now known as the Labor Management Relations Act. The cornerstone of the LMRA provides that protected employees shall have the right to form and join unions and bargain collectively. Such employees can engage in concerted activities for their mutual aid or protection. Employees shall also have the right to refrain from unions unless already represented by a union and subject to a union shop provision. The LMRA further provides which actions or inactions will constitute an unfair labor practice by employer and union. The LMRA establishes the process of elections (conducted by the National Labor Relations Board, NLRB), to determine the desires of the employees for representation, and outlines the NLRB`s powers.

Whom Does The Labor Management Relations Act Cover?

Mon, 04 Jun 2007 21:51:22 GMT

Generally, the LMRA covers the private sector. Government agencies are excluded. Two exceptions are national banks and mail contractors. Because of this, states have established various labor laws for the public sector. The LMRA does not apply to independent contractors, because they are not considered employees. The LMRA also excludes supervisors and managerial employees under the definitions of the Act, as well as agricultural employees.

What Administrative Body May Impose Remedies For A Violation Of The Labor Management Relations Act?

Mon, 04 Jun 2007 21:51:22 GMT

Because the LMRA was enacted to maintain industrial peace for the benefit of the public, enforcement is geared to be more remedial in nature than punitive. The NLRB has the jurisdiction, but must enforce its decisions and injunctions through the federal courts. Courts have given great discretion and latitude to the NLRB in its interpretations of the Act.

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