1) When the National Labor Relations Act, aka, The Wagner Act was approved by Congress some categories of workers were excluded from the protections provided by the federal labor legislation. What were the categories of workers excluded from NLRA protection? Why were they excluded?
2) The Taft-Hartley Act (1947) seriously constrained many of the rights of American workers and subsequently working class power. What are the sections of the Taft-Hartley Act that significantly constrain the ability of labor unions to represent workers and bargain with employers? Why?
3) Examining the structure of the National Labor Relations Board it is important to remember that both the members of the NLRB as well as the Office of the General Counsel are all appointed to fixed terms by the president of the United States. Discuss the relative advantages and disadvantages of this form of appointment as compared to the following alternatives. What considerations do you believe led to the adoption of the fixed-term appointments?
Alternative A: Appointment of members of the NLRB and the Office of General Counsel for life.
Alternative B: Appointment of members of the NLRB and the Office of the General Counsel at the will of the president, subject to removal at any time.
4) The remedial objective of the National Labor Relations Act in unfair labor practice cases is to restore the status quo, to return the parties to the position they would have had but for the commission of the ULP. Suppose that during an organizing drive Jane Smith is fired by the ACME Widget Co. in clear violation of the NLRA. One year later (being the optimistic that I am), the Board issues an order to remedy her termination. Based on your reading of the NLRA what factors should be considered in preparing the remedy?