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Employers are generally allowed to fire workers that are engaging in union activities (e.g. trying to start a union) as long as they can show that the worker is not a statutory employee under the NLRA

User Selami
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Final answer:

It is illegal under the National Labor Relations Act of 1935 for employers to fire workers for engaging in union activities. The Wagner Act and the Taft-Hartley Act establish specific protections for union members and activities, although penalties for violations in the US may not always serve as a strong deterrent.

Step-by-step explanation:

The question relates to the legality of employers dismissing workers for engaging in union activities, specifically when those workers are trying to start a union. Under the National Labor Relations Act (NLRA) of 1935, more commonly known as the Wagner Act, it is illegal to discriminate against workers due to their union-related activities or to fire them for such reasons. This act firmly established government support for workers seeking to collectively bargain and set up mechanisms, such as the National Labor Relations Board (NLRB), to handle disputes between unions and employers.

Moreover, the passage of the Taft-Hartley Act in 1947 added layers to these regulations, including giving states the choice to require union membership as an employment condition and allowing the president to intervene in disruptive strikes. It is important to note that while it is illegal in the United States to fire workers based on union activity, the penalties imposed for such actions may not be sufficiently harsh to deter employers from attempting it. Therefore, the extent to which employers can terminate workers for engaging in union activities is strictly governed by law; however, the reality of enforcement and the strength of those laws can vary.

User Francisco Souza
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