The Taft-Hartley Act was an amendment and extension of the Wagner Act. Under the Taft-Hartley Act, employees have the right to organize a union, bargain collectively with an employer, and engage in other concerted activities for the purpose of collective bargaining. The act also spelled out unfair labor practices by employers and prohibited managers from forming or joining a labor union. Most provisions of the act are identical to those of the Wagner Act, but one unfair practice was changed significantly (Byars & Rue, 2004). The Taft-Hartley Act made closed and preferential shops illegal. However, the act permitted agreements in the construction industry, which required union membership within seven days of employment. The act also permitted in the construction industry a practice referred to as a union hiring hall, under which unions referred people to employers with existing job openings. Unlike the Wagner Act, the Taft-Hartley Act also established a number of unfair union practice (Byars & Rue, 2004).
The Taft-Hartley Act also expanded the size of the National Labor Relations Board (NLRB) and created the Office of the General Counsel. Presently, the board is a five-member panel appointed by the president of the United States with the advice and consent of the Senate. Each member serves for a five-year term. The general counsel, a separate office independent from the board, is appointed by the president and approved by the Senate for a four-year term. The relationship between the five-member board and the general counsel is similar to the relationship between the judge (or jury) and the prosecutor. In unfair labor practice cases, the board sits as the judge and general counsel acts as the prosecutor. Anyone can file an unfair labor practice complaint with the general counsel (Byars & Rue, 2004). The ability to file an unfair labor practice is important for the wronged employee but it also gives an employee the ability to file a complaint without providing...