Labor Relations Chapter 3-4
Taft-Hartley Act
1947. Also known as The Labor Management Relations Act. Significantly amends The Wagner Act. 1. Restrictions on union actions. 2. Enhanced rights of individuals and employers. 3. New dispute resolution procedures.
Three Categories of Statutory Law
Business Law, Labor Law, and Employment Law.
Hot Cargo
Consists of goods that are made by nonunion workers or by a company that is being struck; a union contract clause giving members the right to refuse to handle them.
The Wagner Act
Encouraged unionization, enacted legal protections for workers, and outlawed company unions. The U.S. federal government became supportive of union organizing and bargaining.
Comprehensive Laws, Narrow Laws, No Laws, and Prohibitive Laws
Four Categories of State Public Sector Bargaining Laws.
Open Shop Tactics
Infiltrating unions with spies, using armed guards and professional strikebreaking agencies to break strikes, firing union activists, creating racial tension to divide workers, and using nonunion employee representation plans to prevent the creation of independent labor unions.
Business Law
Laws Applying to businesses, such as antitrust laws.
Statutory Law
Laws enacted by legislatures, not judges.
Employment Law
Laws pertaining to the individual rather than the collective employment relationship.
Memorial Day Massacre
Police firing into a crowed of marching steel mill strikers and their families. 10 were killed. Seven were shot in the back. More than 50 were injured.
Norris-LaGuardia Act
This act marks the end of the common law and business law eras in labor relations and the start of the labor law era that governs labor relations today.
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The Wagner Act
1. Granting a certified, majority-status union the right to be the exclusive representative of the relevant employees and specifying a certification procedure for establishing whether a majority of workers want union representation. 2. Defining illegal employer actions that undermine Section 7. 3. Creating an independent agency, the National Labor Relations Board (NLRB), to enforce this act.
Sherman Antitrust Act
1890. Outlawed monopolies and prevented their negative economic and social effects. Statutory law and is premised on the mainstream economics promotion of competition. Remains in effect today.
Clayton Act
1914. Hailed as a great victor for labor because it included the statement "The labor of a human being is not a commodity or article of commerce." This act simply gave unions the legal right to exist, it did not unambiguously exempt them from antitrust laws. Some increased labor's burdens under antitrust laws because it became easier for employers to seek injunctions. And because the philosophy of the Supreme Court did not change, the act was narrowly interpreted to labor's disadvantage. It allowed for peaceful strikes and picketing but the Supreme Court so narrowly constructed this language that any picketing that involved even two people was assumed not to be peaceful and could therefore be prevented with an injunction.
Railway Labor Act
1926. Includes Railways and Airlines. Primary purpose is to avoid strikes and other forms of labor-management conflict that disrupt interstate commerce and weaken the economy. The act protects the rights of employees to form labor unions, provides government mediation of bargaining disputes, and establishes adjustment boards to resolve grievances. Unions specifically are not granted rights, rather, individual employees are granted the right to select a union to represent them. Moreover these rights are procedural (such as the right to choose a bargaining representative or to engage in collective bargaining) rather than substantive (such as a specific wage rage), which is also consistent with individual free choice. Major shortcoming of the initial form of this act was failing to provide a mechanism for determining when an employer would have to recognize a union as the employees representative. Extensively manipulated company unions to keep independent labor unions out, both before and after the passage of this act. This act was strengthened by restricting company-dominated unions and by establishing the National Mediation Board to conduct secret ballot elections to determine whether a union should represent employees. If a union wins support from a majority of workers, the union is certified as the exclusive representative of all the workers in that craft or class, and the company must bargain with that union.
National Industrial Recovery Act (NIRA)
1933. Contained a public works program to create jobs and an ambitious framework for establishing industry codes to fair competition for preventing destructive competition and promoting economic recovery. Also specified that each industry code of fair competition must contain the following: Employees shall have the right to organize and bargain collectively through representatives of their own choosing and shall be free from interference, restraint, and coercion of the employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
Landrum-Griffin Act
1959. This act focuses on internal union affairs. Creates a bill of rights for union members that guarantees all union members equal rights of participation in internal union affairs, including voting and expressing views. Believed that increased democracy would reduce union corruption. Also attempts to prevent this corruption in the following ways. 1. Unions and their officers are required to disclose financial records by filing reports with the U.S. Department of Labor. Intended to increase transparency of union governance to prevent abuse. 2. Restricts the use of union trusteeships. National unions can take over the operation of a local union and replace the elected officers with an appointed trustee; this act tries to ensure that this power is used for legitimate purposes such as removing a corrupt local. 3. Establishes the fiduciary responsibility of union leaders. Overwhelming purpose is to increase internal union democracy and prevent union corruption.
The Equal Pay Act
1963. Prohibits discriminating between men and women in determining compensation for equal jobs.
Title VII of the Civil Rights Act
1964. Prohibits employment discrimination by both employers and unions on the basis of race, color, religion, sex, or national origin.
The Age Discrimination in Employment Act
1967. Extends Title VII's protections to age discrimination against employees over the age of 40.
The Occupational Safety and Health Act
1970. Obligates employers to provide safe workplaces and empowers the Occupational Safety and Health Administration to determine specific safety standards.
The Employee Retirement Income Security Act
1974. Establishes basic requirements for employer-sponsored pension plans and other benefits to protect employees against abuse and loss of benefits.
Civil Service Reform Act
1978. This act protects most federal sector workers, through supervisors, the military, security agencies (like the FBI), and Post Office, and several other agencies are excluded. Postal employees are covered under the NLRA (but cannot legally strike), and it is illegal for military personnel to unionize. Parallels NLRA framework 1. Exclusive representation with majority support. 2. Certification elections. 3. Employer and union unfair labor practices. 4. An agency that administers elections and unfair labor practice charges. Differences include that strikes are prohibited, wage and benefits are excluded from bargaining, and unions with minority but not majority support have consultation rights so that a federal agency must consult with a union before changing working conditions.
The Worker Adjustment and Retraining Act
1989. Requires employers to provide advance notice of mass layoffs.
American's with Disabilities Act
1990. Adds disabled individuals to the list of protected classes.
The Civil Rights Act
1991. Strengthens nondiscriminatory laws by adding the possibility of compensatory and punitive damages, but just back pay.
Family and Medical Leave Act
1993. Guarantees employees 12 weeks of unpaid leave to care for themselves, their parents, or their children.
The Affordable Care Act
2010. Often called Obamacare. Requires employers to report health insurance coverage and penalizes large employers for failing to meet mandated coverage levels.
Company Unions
A committee of equal numbers of managers and elected employee representatives would meet to resolve labor issues. Often called company unions because they are similar to a union in that workers and managers meet to discuss work issues, but they are established and often run by the company. Debate whether they provide legitimate employee voice or are management-dominated schemes that are manipulated to keep independent unions out. Could not strike and did not have the authority to force management to discuss specific issues but they did provide an open channel of communication with management and a forum to present grievances. The prevent unionization, companies made concessions to the employee representative at least sometimes.
Uplift Unionism
A philosophy in which a union aspires chiefly to elevate the moral, intellectual, and social life of the worker. Decent wages and working conditions were important because they served, in the words of one Grand Master, the divine nature of man.
Revolutionary Unionism
A philosophy that emphasizes the complete harmony of interests of all wage workers as against the representatives of the employing class, and seeks to unite the former, skilled and unskilled together, into one homogeneous fighting organization. This is rooted in critical, Marxist, or radical industrial relations thought that believes in class-based employment relationship conflict. Tries to create working-class solidarity rather than solidarity by occupation or industry and ultimately seeks to overthrow capitalism. Seen as an agent for revolution.
A Yellow Dog Contract
A promise by a worker not to join or support a union, refusal to agree to such conditions meant either termination or not being hired. Courts viewed these contracts as legally enforceable, binding contracts because in their view employees signed them voluntarily and were not economically coerced into agreement because of a lack of other jobs. Effective antiunion device.
A Closed Shop Agreement
A provision negotiated into a collective bargaining agreement that requires the employer to hire only union members. The workplace is closed to all except union members. Employers viewed this as especially pernicious because the employers cannot hire whomever they choose, rather, they must hire union members.
Great Uprising of 1877
A railroad worker uprising where workers on many railroads went on strike (blocking tracks or taking over locations) on July of 1877 and large sections of the country was affected. Federal troops were sent. 9 People were killed and 20 injured when state militia fired into crowd. Ended quickly but reflected pent-up grievances of workers in many industries struggling with the forces of industrialization and conflict between labor and capital. Demonstrates the shared concerns of workers and is used to define the beginning of the modern era on U.S. labor relations - one in which capital and labor are often sharply at odds.
Equity
Achieving fair employment conditions and protections against exploitation.
Taft-Hartley Act
Act restricts union actions primarily by the addition of six union unfair labor practices and a seventh that was added in 1959 to restrict picketing for union recognition. To restrain or coerce employees in the exercise of the rights guaranteed, to cause or attempt to cause an employer to discriminate against employees except for failing to pay any required union dues, and to refuse to bargain collectively with the employer. Prohibits unions from engaging in secondary boycotts and other forms of strikes and picketing that involve innocent employers. Picketing a business that is not involved in the act in mention.
Congress of Industrial Organizations (CIO)
After the CIO organizing drives resulted in viable unions, it formally became this. Rivaled the AFL federation of craft unions. Were becoming centralized and grassroots initiatives increasingly took a backseat to leadership control. With the decreased emphasis on community and an increased portrayal of the workplace and unionism in masculine terms, women were relegated to marginal roles. Wanted women to join unions, organize auxiliaries, and even shape union culture, but they did not make much room for them. This gender relationship was not challenged in the same way ethnic ones were.
A Union Shop
Allows anyone to be hired, but to remain employed, workers must join the union within a certain amount of time (usually 30 days).
The Wagner Act
Also called the National Labor Relations Act (NLRA). Signed into law by President Roosevelt on July 5 1935. This act builds upon previous legislative attempts to promote and protect workers' abilities to unionize in the private sector if they so choose. Remains the centerpiece of today's U.S. Labor law in the private sector. Corporate and union leaders in this century must thoroughly understand the objectives and provisions of The Wagner Act.
The National Labor Relations Board
An independent federal agency devoted to conducting representation elections and adjudicating unfair labor practices. Now has two parts 1. A General counsel's office that conducts representation electiosn and investigates and prosecutes unfair labor practices. 2. A five-member board of presidential appointees (also called the National Labor Relations Board or the board for short) that hears and decides cases.
Pinkerton National Detective Agency
An organization that emerges repeatedly in employer's strikebreaking efforts in U.S. labor history.
General Motors Sit-Down Strike
Began in December 1936 when workers in Flint, Michigan, took over two Chevrolet plants by sitting down and refusing to work or leave the plant. Workers elsewhere followed suit and sat down in their factories, but the center was Flint. Strict discipline was followed, and company property was not damaged, food was brought to the strikers by outside members. Police tried to recapture one plant with tear gas but in the Battle of the Running Bulls, they were repulsed by fire hoses and strikers who threw two-pound car door hinges at them from the roof. The battle ended when women broke through the police lines and joined the picket line in front of the plant. The governor then ordered the National Guard to Flint to preserve peace, and a stalemate ensued. General Motors refused to negotiate until its plants were evacuated but the UAW figured that if they were evacuated then GM would have no incentive to bargain. The governor refused to order the National Guard to forcibly evacuate the plants GM agreed to recognize the UAW and the six-week strike ended. The ramifications of this victory spread beyond the auto industry.
National Unions
Began to develop in the 1850s. Necessitated by the ability of manufactured goods to be shipped via railroads, and likely facilitated by the ability of union leaders to travel via railroads. Mainly craft unions of pre-factory occupations such as painters, plumbers, and railroad engineers, some craft occupations in factory settings, especially iron molders and machinists.
Modern Era of U.S. Labor Relations
Capital and labor are often at odds.
Danbury Hatters Case
Case that asks the question - If a union is viewed as a combination in restraint of trade or commerce or represents an attempt to monopolize any part of the trade or commerce, then this act applies to unions as well as corporations. After a failed strike, the United Hatters of North America initiated a nationwide boycott of hats made by Danbury, Connecticut, nonunion company in 1902. The Supreme Court ruled that the union boycott violated the Sherman Antitrust Act, and a later ruling held individual union members responsible for over $200,000 in damages. In a different case, Samuel Gompers and the American Federation of Labor were found guilty of violating the act by placing a stove company on its "We Don't Patronize" list in its magazine, here free speech was forced to take a back seat to antitrust law. Given that the mainstream economic school of thought views labor unions as labor market monopolies, it is unsurprising that the Supreme Court applied the Sherman Antitrust Act to labor unions.
Four Categories of State Public Sector Bargaining Laws
Comprehensive Laws, Narrow Laws, No Laws, and Prohibitive Laws.
Landrum-Griffin Act
Concern of this act focus on the internal operation of labor unions is the use of union funds for political purposes. Some unions force workers to pay dues then use those funds to suppose political candidates and other causes that the workers might not support.
Knights of Labor
Consisted of numerous local assemblies, and a membership was open to nearly everyone. Wanted to unite all producers as well as farmers, shopkeepers, and even employers. The central conflict was not with employers, it was with those who controlled money and who were perceived as not producing. Emphasis on morality. Motto: An injury to one is a concern to all.
Conspiracy Doctrine
Convicted of being an illegal conspiracy. Joining together and refusing to work unless terms were met, viewed as conspiring to harm the community because unemployment would increase, and profits would fall.
Injunctions
Court-ordered restraints on action to prevent harm or damage to someone else. Most frequently issued to stop or limit picketing during strikes, though there were also cases of prohibiting employees from striking or even from unionizing. Included property but meant more than just physical assets. Intangibles such as the right to do business, to hire and fire employees, and to interact with customers is also a part of property rights. Contributed to breaking strikes such as turning public opinion away from strikers because of a perception of lawbreaking, by draining unions financial and human resources through legal proceedings, and most importantly strikers through fear and confusion.
The Fair Labor Standards Act (FLSA)
Created a federal national minimum wage, a mandatory overtime premium for covered workers for hours worked in excess of a weekly standard (now 40 hours), and restrictions on child labor.
A National War Labor Board (NWLB)
Created by President Roosevelt with a tripartite structure. Consisted of representatives of business, labor, and government. Function was to resolve labor disputes and keep war production moving. The result was that organized labor essential trade its right to strike in return for enhanced workplace security. This further institutionalized labor unions, union membership rose by 6 million workers to a union density of 36 percent and also enhanced the power of union leaders at the expense of the rank and file and ultimately created a bureaucratic form of unionism.
American Federation of Labor (AFL)
Created by representatives of 25 national unions. First president was Samuel Gompers, an official from the Cigar Makers International Union. Central figures in the development of U.S. labor relations.
PATCO Strike
Emboldened private sector employers to take a hard-line approach with their unions. President Reagan fired the air traffic controllers during the illegal strike and hired replacement. Negotiators tentatively accepted a new contract that if approved by Congress would give substantial pay raises, increased severance pay, and an enhanced voice in operating and safety policy making. Strikers Had Two views, 1. A disruption of air traffic would force Congress to grant it the legal right to strike and to negotiate wages (which is also illegal int the federal sector), but the union leadership overestimated its power and foolishly turned down a generous contract. 2. The alternate view is that workers were striking out of frustration with autocratic even paramilitary FAA supervisors and managers. Reagan administration is also to blame for taking an exceptionally hard line during negotiations. In either case the firing of the striking air traffic controllers was a public and devastating defeat for organized labor. The failed strike established an antiunion climate which it became acceptable for private sector employers to aggressively weaken or break unions during the 1980s and 1990s,
Business Unionism
Emphasizes immediate improvements in basic employment conditions (wage, hours, and working conditions). Accepts capitalism and the need for employers to make profit but seeks to win labors fair share of the profits through collective bargaining backed up by the threat of striking. This is a pragmatic, business-like approach. Not an idealistic approach based on morality and cooperatives (or revolution). Economic betterment today, tomorrow, in home and shop, was the foundation upon which trade unions have been built.
National Industrial Recovery Act (NIRA)
Encouraged and emboldened workers to form unions. However was weak and there were tremendous strikes in 1934 as workers again clashed with employers who refused to recognized their independent unions.
The Wagner Act
Encourages collective bargaining in the private sector by protecting workers' rights to join and form labor unions. Rooted in the Industrial Relations principal beliefs. 1. Labor is more than a commodity. 2. Labor and management are not economic or legal equals (in other words, there is an imbalance of bargaining power). 3. There is at least some conflict of interest between workers and employers that cannot be resolved by unitarist management policies, but this is pluralist employment relationship conflict, not class-based or societal conflict. 4. Employee voice is important.
Federal Unemployment Tax Act
Established an unemployment insurance benefits program.
The Social Security Act
Established what has grown into OASDHI - Old age, survivors, disability, and health insurance, which provides federal monetary assistance and health coverage to retirees, the disabled, and their dependents.
U.S. Labor Laws
Explicitly protect workers' union activity primarily by making it illegal for companies to prevent unionization through intimidation or manipulation.
The Great Strike Wave of 1945-1946
For the 12 months beginning in August 1945, 4,600 strikes occurred involving 4.9 million workers and resulted in nearly 120 million lost worker days. Large yet relatively peaceful strikes in auto, steel, coal, rail, oil refining, longshoring, meatpacking, and electrical products. This level of strike activity surpassed any other year. Important causes included decreased employee earnings with the inevitable postwar production slowdown, rising prices with the lifting of wartime price controls, and renewed drive by management to reassert its workplace control and cost discipline.
The National Molders Union
Formed in 1859 in reaction to pay cuts and impersonal conditions.
The Committee for Industrial Organization (CIO)
Formed to pursue unionization of the mass manufacturing industries though industrial unionism. Launched or supported organizing drives in the auto, steel, rubber, and radio industries and would become a very visible force in U.S. society. The intense conflicts and ultimate successes of these drives are revealed by the events between 1936 and 1941 in autos and steel.
National Labor Union
Founded in 1866 and lasted 6 years. Established a precedent for the labor movement by uniting diverse unions into a single federation. Emphasizes political activity to bring about legal reform. Favored eight-hour work day, currency and banking reform, women's voting rights, and a national labor political party.
The Wagner Act
From other perspectives is difficult to understand and is viewed as a harmful protection of monopoly labor (mainstream economics), unnecessary support of adversarial third parties (human resource management), or an imperfect attempt to empower labor that inadequately challenges capital's power (critical industrial relations). But in the Industrial Relations school, unequal bargaining power is at the heart of the labor problem, and equalizing bargaining power through unionization is the solution.
Unfair Labor Practices
Illegal employer actions. Prohibits employers from interfering, restraining, or coercing employees who are exercising their Section 6 rights. Illegal for employers to take adverse actions against employees who engage in activities protected by Section 7. No legal obligation to provide the improved benefits, rather that the employer cannot punish employees for making these demands. Punishment would be considered interference, restraint, or coercion under Section 8 and therefore be illegal.
The Wright Line Test
Illustrates the importance of precedents for guiding legal decision making, and it pertains to the heart of U.S. labor law: The dividing line between legitimate employee discipline and discharge on the one hand, and the unlawful retaliation for union activity on the under. Under this the NLRB general counsel must first show that: 1. The disciplined or discharged employee was engaged in protected activity 2. The employer was aware of the activity. 3. The activity was a substantial or motivating reason for the employer's action. If the general counsel establishes these facts, the burden of proof shifts to the employer to prove that it would have taken the same action even if the employee had not engaged in protected activity. HR managers therefore must be able to document that employee discipline and termination are applied consistently and for valid job-related reasons, and that the reasons for discipline are not a pretext for discriminating against organizing activity. This test tries to balance employers' rights and needs to discipline and discharge poor performers with employees' rights to engage in protected activity under the NLRA. Preventing employees from wearing pro-union buttons and other insignia interferes with protected activity therefore violates Section 8 unless the employer can demonstrate a legitimate business need.
Efficiency
Increasing the purchasing power of workers, reducing disruptive strike activity, and largely maintaining employer's property rights.
Knights of Labor
Largest success was arguably in 1885 Southwest System rail strike, in which startling victory was won over this very large railroad system controlled by Gould. The strike is popularly viewed as the first instance in which a U.S. union stood equal to a large powerful corporation. Victory was short-lived. The leadership's lack of emphasis on collective bargaining let Gould settle with weak language. One year later Gould successfully broke a violent strike with the help of Pinkerton spies.
Narrow Laws
Laws that apply to one or several occupations only. No bargaining rights for some occupations.
No Laws
Laws that are silent on whether public sector bargaining is legal. Bargaining neither protected nor banned.
Prohibitive Laws
Laws that ban public sector bargaining. Bargaining is prohibited.
Comprehensive Laws
Laws that broadly grant nearly all government occupations (teachers, firefighters, police, state employees. Etc) the right to collectively bargain. Bargaining rights for nearly all occupations.
Broad But Shallow Laws
Laws that have comprehensive coverage with limited rights.
Labor Law
Laws written explicitly for unions and union activity.
The Wager Act
Major elements include 1. Exclusive Representation. 2. Unfair Labor Practices. 3. The National Labor Relations Board (NLRB).
The Open Shop Movement
Not open to all workers union and nonunion. Rather, it is a thoroughly nonunion operation of employees selected by the employer. Therefore a concerted drive by employers and their employers' associations in the early 1900s to create and maintain union-free workplaces. Portrayed an ideology of individual freedom, whereas unions were depicted as violating individual liberties and denying workers the ability to choose where to work and on what terms. Later renamed the American Plan. Used rhetoric of individual liberty to argue that unions should not be allowed to interfere with management's control of its private property.
Industrial Workers of the World (IWW)
Often referred to by the nickname Wobblies. A more radical and militant approach. Example of revolutionary unionism. Goal was to form One Big Union that embraced all workers regardless of demographics. Turned to more radical viewpoints that emphasized the need for worker control of economic and political institutions. Felt reform could not be achieved through voicing but instead direct worker action was emphasized. The mission was therefore to engage in a class struggle with capitalists.
The Ludlow Massacre
Often used to illustrate the extent to which employers would go to maintain an open shop. In 1913 workers struck the Rockefeller-owned coal mines in southern Colorado for union recognition and improved wages and working conditions. The strikers were forced out of their company-owned homes and moved into tent colonies. Guerilla warfare broke out between strikers and the company's private army. Stockholders were told that this strike was over the closed shop, and Rockefeller testified before congress that he would stand by the principle of the open shop even if it cost him everything. Two weeks later a gun battle broke out between the strikers and the Colorado militia, which was staffed by company hirelings and guards. This killed 10 strikers and the militia overran the tent colony at Ludlow and the colony was lit on fire. Two women and 11 children died hiding in a hole under a tent. The union was never recognized.
Mother Jones
One of the most colorful and determined individuals in the U.S. labor movement. Traveled the country raising hell on behalf of workers and their families and developed a sense of radicalism in which worker power were needed to counter the power of big business and secure decent lives for the working class. Served as a union organizer for the United Mine Workers. Traveled around coal country, rallying miners with speeches leading public demonstrations to put pressure on the corporate enemies, and raising money to feed strikers family. Also demonstrated in her willingness to clash with national union leaders when she thought they were compromising with business owners too readily. Was arrested though never charged. Was hated and feared for her power to inspire workers of all demographics.
Homestead Strike
One of the most violent examples of the struggle for workplace control at a steel mill owned by Carnegie when the mill closed down after the union refused to accept a 12-15% wage cut. Management announced that the mill would reopen as a nonunion operation. Hundreds of workers gathered on the property along the river armed to meet barges containing armed Pinkertons, who were supposed to secretly secure the mill property. A gun battle broke out and after a few hours The Pinkertons eventually surrendered but not before at least seven strikers and three Pinkertons died. 6 days later soldiers of the militia arrived at the Homestead and secured the mill. Many of the workers who reapplied for jobs were rehired. Unions would not return to the Homestead mill until the 1930s with the protection of a new labor law and the efforts of an industrial union to organize all workers, skilled and unskilled.
Exclusive Jurisdiction
Only one union should represent workers in a craft. For example, the single carpenters' union was entitled to represent carpenters; it could not represent other occupations, and no other union could represent carpenters.
Norris-LaGuardia Act
Organized corporations are significantly more powerful than unorganized individual workers, and this imbalance in bargaining power forces workers to accept substandard wages and working conditions. Seeks to protect unionization efforts by limiting the jurisdiction and authority of the courts of the United States. This act seeks to remove the courts from labor relations. Forbids federal courts from issuing injunctions that interfere with strikes, payment of strike benefits, publicizing a dispute, peaceful picketing, and workers joining unions. Conditions under which injunctions can be issued were also severely limited. Common name is the federal anti-injunction act. The act further makes yellow dog contracts unenforceable and ends the criminal conspiracy doctrine of labor unions. The act effectively exempts labor unions from the Sherman Antitrust Act. Therefore marks the end of the common law and business law eras in labor relations and starts the labor law era that governs labor relations today. However this act simply tried to remove the courts from labor relations by clamping down on the rampant use of labor injunctions by judges hostile to unions. Did not actively protect or promote union activity, and it did little to combat employers' open shop tactics.
Samuel Gompers
President of the American Federation of Labor (AFL) and central figure in the development of U.S. labor relations.
The Knights of Labor
Primary concern was the moral worth, not just the material wealth of a person.
Right-To-Work Laws
Prohibit union or agency shop agreements. Advocates label union and agency shops as compulsory unionism that violates individual freedoms by depriving workers of their right to freely choose whether or not to become a union member and pay union dues. Unions argue that it is unfair to allow free riders to benefit from union representation without sharing the costs by paying their fair share and that majority rule is a basic feature of democratic institutions and any dues paying requirements are subject to majority approval.
Voice
Providing democracy in the workplace.
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An Agency Shop
Rather than joining the union, workers must pay dues.
Taft-Hartley Act
Restrictions on secondary boycotts. Employer's free speech. Not protecting supervisor unions. Government control.
Memphis Sanitation Strike
Resulted from the killing of two African American sanitation workers by an unsafe garbage compactor. Strikers demanded not only improved wages and working conditions but also civil rights and respect. Major civil rights event that included peaceful marches and violent race riots. Martin Luther King was in Memphis supporting the strike when he was assassinated. The workers won improved wages, promotions on the basis of seniority rather than racism, a nondiscrimination clause, and recognition for their union.
Taft-Hartley Act
Second major category of this act's provisions enhances the rights of individuals and employers. Provisions reflect the view that unions were too strong and there was a need to bolster the rights of other parties in the employment relationship. Gave individuals the right to refrain from concerted activity, and added decertification procedure by which individuals can oust their bargaining agent if they no longer desire union representation. Employers are granted rights by the employer's free speech provision. Lets employers express views about unionization as long as these expressions do not contain threats or promises. Supervisors were excluded from protection of the act. Can try to unionize but its not an unfair labor practice to fire them in response. Ability to file unfair labor practice charges against unions.
Industrial Unionism
Seeks to organize all the workers in a workplace or industry regardless of their occupations or skill levels. Emerged as a significant force in the 1930s however roots were much older. The Knights of Labor and the Industrial Workers of the World both were this.
Earliest Examples of Union-like Activity
Short-term actions triggered by specific complains, such as a strike by fishermen in 1636 protesting the withholding of a year's wages or a strike by journeymen tailors in 1786 protesting a reduction in wages. Not until the 1790s did Philadelphia shoe makers form the first permanent union.
Welfare Capitalism
Sought to win worker loyalty and increase efficiency by improving supervisory practices, implementing orderly hiring and firing procedures, providing wage incentives, offering protective insurance benefits, creating a positive culture, improving the physical work environment and safety, and providing employee voice. Represents either a sophisticated managerial strategy to control the workplace and prevent unionization, or the beginnings of today's strategic human resource management and high-performance workplaces. Union avoidance by killing the labor movement with kindness was at least one important aspect. Most controversial aspect then and now was the attempt to provide employee voice or industrial democracy through employee representation plans or company unions.
The Knights of Labor
Started as a union in the garment industry and emphasized secrecy to prevent employers from breaking it, but broke secrecy as the union expanded outside the garment industry. Initially had various rituals, passwords, and secret signs. For a brief time, it was the most influential labor organization in the United States. 15 Years later the organization had effectively faded away. Primary concern was the moral worth, not just the material wealth of a person.
NLRB v. Jones and Laughlin Steel Corp
Supreme Court rules that The Wagner Act was constitutional, and that the NLRB could attend to the business of enforcing the nation's new labor policy.
The IWW's Biggest Victory
Textile workers in Lawrence Massachusetts. After a wage reduction, workers spontaneously walked out, and within three days 20,000 employees were on strike. Dynamite was planted to discredit the IWW, martial law was declared after a clash killed one worker, the strike leaders were arrested, and police brutality made national news. The strike maintained their unity, however, and after two months the textile companies agreed to the strikers' demands. The IWW also fought on behalf of miners, loggers, and migratory agricultural workers in the west, sometimes with success, sometimes without.
Syndicalism
The Industrial Workers of the World (IWW) direct action philosophy. Did not overlook short term improvements as they were viewed as victories for bettering workers and advancing the larger struggle against capitalists. Developed a tapestry of songs, poems, stories, skits, and visual images to convey its message and reinforce working-class solidarity.
Commonwealth v. Hunt
The case in which the Supreme Court ruled that although some union actions might be conspiratorial and therefore illegal, labor unions are not per se unlawful conspiracies. Landmark in granting unions some legal legitimacy and it marks the beginning of the end for the application of the conspiracy doctrine to labor relations.
Exclusive Representation
The majority support a union is the only representative of that group of workers, there cannot be another union or a company union representing some employees in the group. Unique to North America and stems from Senator Wagner's experience under the NIRA, which did not mandate this. Without it companies established company unions even when a majority of employees wanted an independent union and then manipulated the company unions to weaken the independent unions. Established by The Wagner Act to prevent this problem.
The Haymarket Tragedy
The most famous event associated with the Knights of Labor. A rally to protest police repression of May Day strikers ended with police firing into protesters after a bomb was tossed at police. In the most celebrated trial of the late 19th century, eight anarchist leaders were found guilty of murder. The evidence was fabricated, the judge was exceptionally biased, and all the jurors openly admitted to being prejudiced/biased. The Knights of labor organization was not involved in this but it was the most visible labor organization at the time and was therefore greatly weakened by the public backlash against organized labor.
Section 8
The part of the law that is the universal enforcer because it covers all employer violations of employee rights. The only unfair labor practice that is technically necessary to enforce The Wagner Act. Four other unfair labor practices were included to reinforce the illegality of the most problematic issues at the time. 1. Employers are explicitly reminded that they cannot fire or otherwise discriminate against employees who are trying to form a union. 2. Reinforced that it is illegal for companies to dominate a labor organization and bans company unions. 3. Refuse to bargain with a certified majority union.
Pullman Strike
The second great labor history event of the 1890s. The Pullman Palace Car Company produced Pullman railroad cars in Pullman, Illinois, During the depression that started in 1893, Pullman cut wages by an average of 28 percent and laid off about one quarter of the workers. Management pay and stockholders dividends were not reduced nor was the rent charged to workers for company-owned housing. When Pullman refused to arbitrate any disputed issues, workers struck and Pullman closed the plant. In solidarity, railroad workers refused to handle Pullman cars on the railroads. The railroads fired anyone who honored this and caused more strikes which eventually led into a national railroad strike. The railroads started to put mail cars behind Pullman cars so the mail would be disrupted and federal troops were placed on trains to stop this. Violence erupted. 13 People were killed and more than 700 railroad cars were destroyed by angry strikers. Debs was arrested for conspiracy to disrupt the mail and served 6 months in jail. With federal troops protecting the trains and the leader of the American Railway Union in jail, the strike died out.
Taft-Hartley Act
This act addressed various dispute resolution mechanisms. Restructured the NLRB to separate the investigation/prosecution and judicial aspects of the agency and also prevented it from undertaking economic analyses. Board was expanded to five members. Act created the Federal Mediation and Conciliation Service (FMCS) to provide voluntary mediation to labor and management negotiators. Authorized the president to stop strikes that imperil the national health or safety.
Taft-Hartley Act
This act involves Closed Shop, Union Shop, Agency Shop, and Right-To-Work Laws.
Labor Law
This law focuses on workers collective actions.
Common Law
This law includes conspiracy, breach of contract, property rights, and the employment-at-will doctrine.
Employment Law
This law pertains to individual employment rights. Governed by the employment-at-will doctrine.
The First Permanent Union
This was composed of local crafters who established work standards and a minimum wage rate.
Business Law, Labor Law, and Employment Law
Three categories of statutory law.
Knights of Labor
Ultimate goal was replacing capitalism with a system of producer cooperatives in which producers would own and control business. The bringing together of capital and labor into small cooperatives was believed to harmonize the interests of labor and capital and avoid the problems of monopoly. Workers would regain a sense of control and autonomy.
The Postwar Model of Union Representation
Unions could negotiate for higher wages, better benefits, and favorable seniority provisions, but they would not be involved in production decisions. From this point forward union contracts increased in length and detail while shop floor activism was curtailed b the workplace rule of law.
Craft Unionism
Unions were divided along craft lines, that is, by occupation or trade. Each union could focus on the unique concerns of workers in a single occupation and overcome this weakness of the Knights of Labor. Focus on skilled crafts. Most AFL unions were openly hostile toward unskilled labor and represented only skilled workers. The Knights of Labor's inclusion of unskilled workers was a point of frustration among the trade unions that led to the formation of the AFL.
Antiunion Activities
Use of strikebreakers and labor spies.
American Federation of Labor (AFL)
Was a union federation, not a labor union. Was a support organization for the independent unions. Sometimes coordinated bargaining and strikes when multiple unions were involved, and it provided financial assistance for striking unions. Also resolved jurisdictional disputes when more than one union wanted to represent the same group of workers. Each union that joined was explicitly granted the autonomy to control its own affairs.
