References for Filing of Labor Court Cases in the US

Employment discrimination cases have often been placed under the jurisdiction of the Equal Employment Opportunity Commission (EEOC), the federal commission with the responsibility to enforce anti-discrimination laws. Following the filing of the case with EEOC or other state agencies handling similar cases, the employees can rightfully move the case to the courts with approval from the agency involved, or if the set period has expired. These cases can be heard in either federal or state courts depending on the issue of concern, the size of the employer and the proceedings plan of the petitioner.

Sherman Antitrust Act

The Sherman Antitrust Act (1890) enabled the prosecution of unions as illegal combinations, but Section 6 of the Clayton Antitrust Act (1914) stopped this practice by specifying that unions shall not be "construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."

Wagner Act

The National Labor Relations Act which is called the "Wagner Act" was originally enacted in 1935. This law gives private sector workers the right to a choice of representation by a union and establishes the National Labor Relations Board (NLRB) to hold elections for this purpose. NLRA bars employers from discriminating against workers due to their union membership or striking back against them for engaging in organizing campaigns, concerted activities or even forming "company unions"; or turning to opportunities to engage in collective bargaining with the union that acts on behalf of their employees.

Labor Management Relations Act

The Taft-Hartley Act, which is also known as the "Labor-Management Relations Act" was passed in 1947. This law loosened some of the restrictions on employers but increased limitations on unions. This Act also changed NLRB election procedures. Under this Act, jurisdictional strikes and secondary boycotts by unions are restricted while it gives individual states the authority to pass "right-to-work laws". It also controls pension and other benefit plans established by unions and allows federal courts jurisdiction to enforce collective bargaining agreements.

This article does not provide any legal advice.

For More Information: Contact the Florida labor discrimination lawyers of Shavitz Law Group to read and learn more about labor acts and laws.