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Senator Lee Introduces Bill to Strip the National Labor Relations Board of its Power to Prosecute Unfair Labor Practices

Under the National Labor Relations Act (the Act), the National Labor Relations Board (the Board) has the power to investigate and prosecute unfair labor practices as defined by the  Act.  Unfair labor practices include, but are not limited to, such things as illegally interfering with employees’ rights to organize; retaliating against employees for supporting a Union and refusing to bargain with a Union regarding wages, hours and working conditions.  On July 20, 2017, Senator Mike Lee (R-UT) introduced the “Protecting American Jobs Act” which, in part, would eliminate the ability of the Board to prosecute unfair labor practices that they deem to have merit.  Instead, under Senator Lee’s bill, the Board would be able to investigate claims of unfair labor practices, however, if a violation is found, it would be up to the aggrieved employee or Union to file a civil action in Federal Court to obtain remedial action including damages or an injunction preventing those unfair labor practices.

Should this bill become law, it will be a big blow to employees and Unions.  The current system is an efficient and cost effective way to address violations of the Act.  By requiring employees and Unions to bear the cost of prosecuting violations of the Act, it will essentially eliminate the ability of some employees and Unions to obtain to justice in the workplace in that it will be cost prohibitive to pursue a claim in Court.

If you are interested in protecting your rights in the work place as guaranteed under the National Labor Relations Act you should contact your Senator and Congressman and tell them you do not support this amendment.

Ira H. Weinstock, P.C. is located in Harrisburg, PA and serves clients in and around Southeast Pennsylvania. Contact our experienced Harrisburg attorneys today, we can travel if necessary.

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