List of Chairs of the National Labor Relations Board
The National Labor Relations Board (NLRB) has five Members, each of whom serves for a five-year term. Terms are staggered so that one Member's term expires each year (although delays in nominations and confirmation, as well as the use of recess appointments, can upset this schedule). Members are nominated by the President of the United States and confirmed by the United States Senate. Traditionally, a majority of the board belongs to the President's political party. The President designates the Chair from one of the existing Members. The Chair serves at the pleasure of the President, and may be demoted without cause or warning at any time.
Hoffman Plastic Compounds, Inc. v. NLRB
The National Labor Relations Act was first instituted by Senator Robert Wagner (D) of the state of New York in 1935. Senator Wagner submitted a bill to congress to eliminate unfair labor practices of businesses. The NLRA outlines benefits and rights of employees. One of the most important sections of the NLRA is section 7 which gives employees rights to organize labor unions without the fear of retaliation from their employer. Section 7 states, "Employees shall the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection." The Wagner Act or National Labor Relations Act was used for the Nation Labor Relations Board, NLRB to bring the case to The Supreme Court with their determination based on the Wagner act was violated by Hoffman Plastics for firing Castro and others for contributing to the Union organizing at the plant. Section 7 entitles workers to organize, or join a Union if they are so desired. It is also protected under the First Amendment of the Bill of Rights in the Constitution of the United States Of America. There have been numerous cases brought to the courts by violators such as Walmart for firing employees for threats of employees organizing labor forces to better job benefits such as pay, medical insurance and paid time off. In 2002, the NLRB brought more than 40 cases to court regarding violations of section 7 of the National Labor Relations Act against Walmart.