The Wagner Act, which established the NLRB, was validated by the Supreme Court in 1937. The NLRB functioned during World War II, but labor relations were mainly handled by the National War Labor Board (WLB), which existed from 1942 until 1945. A 12-man body, with the public, management, and labor equally represented, the WLB soon shifted from arbitration to formulating policies.
With the passage in 1947 of the Taft-Hartley Labor Act (also known as the Labor-Management Relations Act), the NLRB was converted into a purely judicial body, with the prosecution of unfair labor practices transferred to a general counsel. The board's action was dependent upon the filing by the union chiefs of affidavits proving that they were not Communists and of complete financial data. The NLRB's field of investigation was extended to cover the following practices as unfair to employers: refusal to bargain collectively, coercing employers in the selection of their bargaining agency, persuading employers to discriminate against certain employees, and conducting secondary boycotts or jurisdictional strikes.
In 1959 the Taft-Hartley Labor Act was amended by the Landrum-Griffin Act (also known as the Labor-Management Reporting and Disclosure Act), which repealed the requirement that a union must file a non-Communist affidavit and a financial report in order to obtain a hearing before the NLRB. The act also gave the states permission to assume jurisdiction over cases that the NLRB declined, even when interstate commerce was involved. Organizational and recognition picketing (i.e., picketing of companies where another union is already recognized) were made unlawful, and the NLRB general counsel was required to seek an injunction against such picketing if a violation was proved.
The Landrum-Griffin Act also affected policies of the board. It banned secondary boycott pressures and, with some exceptions, outlawed so-called hot-cargo agreements (i.e., express or implied contracts that prevent employers from doing business with persons declared off limits by unions). The NLRB's power was subsequently extended to postal workers (1970) and private health care institutions (1974), but a number of court rulings have reduced the board's power. During the 1980s organized labor attacked the NLRB for being pro-employer.
See bibliography under labor law.
Restricted in application to de jure (legally imposed) segregation, the Brown rule was applied mainly to Southern school systems. After strong resistance, which led to such incidents as the 1957 Little Rock, Ark., school crisis, integration spread slowly across the South, under court orders and the threat of loss of federal funds for noncompliance. The Brown decision gave tremendous impetus to the civil-rights movement of the 1950s and 1960s, and hastened integration in public facilities and accommodations. Segregation maintained by more subtle and intractable forces, however, has remained an important element in American society. De facto school segregation, caused by residential housing patterns and various other conditions rather than by law, has been attacked by the busing of students and other mechanisms. The landmark decision is commemorated by the Brown v. Board of Education National Historic Site in Topeka (see National Parks and Monuments, table).
See study by J. T. Pattterson (2001).
Organization set up by a government to regulate the buying and selling of a certain commodity within a specified area. The simplest type of board is designed to carry out market research, promote sales, and furnish information; it is usually financed by a fee levied on all sales of the product concerned. Examples include the Sri Lanka Tea Board and the Ghana Cocoa Board. Other boards are empowered to regulate terms and conditions of sale, usually by establishing packing standards and quality analysis. The primary goal of most marketing boards is to stabilize prices, especially of products intended for the export market, where price fluctuations are often extreme. The boards may raise average prices through manipulation of commodity flows, with the objective of maintaining reasonably high levels of demand at all times. Marketing boards such as the Washington State Apple Commission are used for products whose perishability requires that outlets be set up in advance. Seealso cartel.
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U.S. government agency charged with administering the National Labor Relations Act (1935). The three-member NLRB, appointed by the president, organizes elections to determine whether employees wish to be represented by a labour union in collective bargaining and monitors labour practices by employers and unions. It does not initiate investigations; its involvement must be sought by employers, individuals, or unions. Though it lacks enforcement power for its orders, it can prosecute cases in court.
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