t hired because of the results of such an exam or inquiry, the employer must be able to prove the reason for not hiring the applicant was job-related and related to the applicant's inability perform an essential function (Donati, 2006).
2. The NLRB: According to its official website, the National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act (NLRA). Before the NLRA, labor unions had an uncertain legal standing and union workers were subject to many abuses by their employers. This Act is now the primary federal law governing relations between unions and employers in the United States. The Act guarantees the right of employees to organize and to bargain collectively with their employers or to refrain from all such activity. The Act is applicable to all employers involved in interstate commerce, with the exception of airlines, railroads, and agriculture.
The National Labor Relations Board (NLRB) also ensures that employees have free choice in deciding about union representation. The Board of the NLRB encourages and requires employers and unions to bargain in good faith with the goal of avoiding strikes and other work stoppages. The NLRB has two principal functions: (1) To determine through secret ballot elections whether employees wish to be represented by a union and if so by which union; (2) To prevent or correct unlawful acts known as unfair labor practices whether these unlawful acts are done by the union or the employer.
When an unfair labor practice charge is filed, the NLRB conducts an investigation to determine whether the Act has been violated. If the charge lacks merit, it will be dismissed. If the charge has merit, the NLRB will take all steps necessary to address and correct the problem. At its most basic, the NLRA establishes a series of legal rights for employees wishing to organize for collective bargaining. This act is
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