Turning the NLRA into "Groundhog Day," the Movie

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Turning the NLRA into "Groundhog Day," the Movie

Thursday, 18 July 2013 10:39
By Ellen Dannin and Ann Hodges, Truthout | Report


Remember the 1993 movie Groundhog Day? Bill Murray plays Phil, an obnoxious and arrogant reporter who replays the same day over and over. Eventually repeating the same day over and over changes his life for the better. He becomes worthy of winning the woman of his dreams. February 2 stops repeating and, as February 3 arrives, he can live a normal, happy life.

Unfortunately for unions, remedies for employer bad faith bargaining under the NLRA are a lot like Groundhog Day, but with no possibility for unions and workers to have a happy ending. The problem is not in the law as written but is a result of judicial amendments.

Congress identified collective bargaining as the goal of the National Labor Relations Act. What stood in the way of successful bargaining was individual employees' lack of bargaining power compared to employers who were corporations or partnerships and had the power to depress wages and working conditions. To break the cycle of recessions, employees needed the enforceable right and power to bargain collectively.

Congress included in section 8(d) of the NLRA an obligation for employers and unions to bargain "in good faith about wages, hours, and other terms and conditions of employment". ....................(more)

The complete piece is at: http://www.truth-out.org/news/item/17635-turning-the-nlra-into-groundhog-day-the-movie