1 evolution of the legal framework for private-sector collective bargaining n history of the labor...
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Evolution of the Legal Framework for Private-Sector Collective Bargaining
History of the labor movement
Development of Public Policy
The role of the courts
Where we are today
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Public Policy Toward Unions
1800 - 1932 Period of Opposition
1918 - 1932 Transition > Acceptance
1932 - 1947 Period of Support
1947 - 1990’s Period of Control
1990’s Transformation???
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Period of Opposition
In the Absence of Statutory Support, a
Biased Judiciary Succeeded (Through the
Process of Judicial Review) in Producing a
Formidable Obstacle to Union Development
That Began With the Birth of our Nation and
did not End Until the Great Depression -
132+ Years Later.
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Period of Opposition
1806 - 1806 - Conspiracy DoctrineConspiracy Doctrine
“What is legal for one person
became an illegal conspiracy if
several persons join together for
the same purpose”
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Period of Opposition
1842- Conspiracy Doctrine Revisited1842- Conspiracy Doctrine Revisited
“A Conspiracy cannot be prosecuted
unless either its aims or its methods
are illegal in themselves”
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Period of Opposition
In Spite of the Courts, and In Spite of Their Doctrines, Unions Continued to Grow With the Economy
Employers Needed More Ammunition to Combat Union Expansion, and They Found It…They Found It…
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Period of Opposition
The Labor Injunction
First Used in England in 1868 and Copied in the U. S. During the Rail Strikes of the 1870’s
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Period of Opposition
The Labor Injunction
“An order issued by a Judge at the
request of one party directing a second party to refrain from some specific act”
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Period of Opposition
Sherman Anti-Trust Act - 1890
A law designed to breakup the giant business monopolies of the late 19th century .………….was subsequently interpreted by the Supreme Court to have similar application to certain union activities.
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Period of Opposition
Sherman Anti-Trust Act - 1890
The Supreme Court ruled that “every contract, combination, or conspiracy in restraint of trade (is) Illegal, whether of business, farmers, or labor”
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Period of Opposition
Sherman Anti-Trust Act - 1890
This act provided the courts with statutory reinforcement of both the conspiracy doctrine, and the labor injunction.
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Period of Opposition
Erdman Act - 1898
Attempted to outlaw the Yellow-Dog Contract. Declared unconstitutional by the Supreme Court in 1908.
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Period of Opposition
Clayton Act - 1914
Attempted to restrain judges from their use of the Sherman Act against unions (Danbury Hatters Case).
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Period of Opposition
Clayton Act - 1914
When the Supreme Court got through with this act the labor movement was once again left holding an empty bag.
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Transition Toward to Acceptance
Characterized By:
Emerging public support
War Labor Conference Board
Railway Labor Act - 1926
Statutory attempts to restrain courts
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Period of Support
Norris - LaGuardia Act - 1932
Denied federal courts the right to forbid strikes, peaceful picketing, or other action not illegal in themselves.
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Period of Support
Norris - LaGuardia Act - 1932
Dramatically limited the use of injunctions and outlawed the Yellow-Dog Contracts
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Period of Support
NIRA Encouraged unionization
Attempted to duplicate the Railway Labor Act
Declared unconstitutional in 1935
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Period of Support
National Labor Relations Act - 1935(Wagner Act)
Became and remains the primary labor law of the United States
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National Labor Relations Act - 1935
Section 7Section 7
““Employees shall have the right to self organization, to form, join, or assist labor organizations, to bargaining collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection”
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National Labor Relations Act - 1935
Section 8(a) 1 through 5 - identifies five Unfair Labor Practices in which employers are not allowed to engage
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Unfair Labor Practices of Employers
1. 1. To interfere with, restrain,
or coerce employees who
are exercising their rights
under the law.
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Unfair Labor Practices of Employers
2. 2. To dominate or interfere with
the forming or administering
of unions, or to contribute
support to them.
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Unfair Labor Practices of Employers
3. 3. To discriminate in hiring or
in any other term of
employment in such a way
as to encourage membership
in a union.
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Unfair Labor Practices of Employers
4. 4. To discharge or otherwise
discriminate against employers
for filing charges against the
employer or testifying under
the law.
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Unfair Labor Practices of Employers
5. 5. To refuse to bargain with the
union representative.
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National Labor Relations Act - 1935
Section 9 Provides for a government-supervised secret ballot election
Additionally the Act established the National Labor Relations Board (NLRB) to enforce the Act.
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Period of ControlLabor-Management Relations Act
1947
Maintains the Central Theme of the NLRA with Subsequent Modification Designed to Balance the Rights of the Employers and Individual Workers with Those Provided to the Unions in the Wagner Act.
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Taft-Hartley Act
Section 7
Modified to “guarantee the rights of
employees to refrain both from
joining unions (except under a
union shop) and from engaging in
other concerted activities activities””
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Taft-Hartley Act
Outlawed the closed shop
Protected all concerted activity
Gave the individual states the option of banning the union shop agreement. (Sec 14-b)
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Taft-Hartley Act
National Emergency Powers provisions are established
FMCS is created
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Taft-Hartley Act
Enacted Section 8(b) Listing the Unfair Labor Practices that Apply Specifically to the Conduct of Unions
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Unfair Labor Practices of Unions
1. To coerce employees into or
restrain them from engaging
in union activities.
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Unfair Labor Practices of Unions
2. To force management to
discriminate against
employees in violation of
the law.
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Unfair Labor Practices of Unions
3. To refuse to bargain in good faith.
4. To require managers to pay money for work not done. (Featherbedding)
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Unfair Labor Practices of Unions
5. To engage in a strike or boycott
to force management to commit
illegal acts.
(Secondary boycotts)
(Jurisdictional strikes)
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Unfair Labor Practices of Unions
6. To charge excessive initiation
fees and dues where there is a
union shop.
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Labor-Management Reporting and Disclosure Act - 1959
Enacted to eliminate the corruption and racketeering found in certain unions.
Established a “Bill of Rights” for every member of a labor organization.
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Labor-Management Reporting and Disclosure Act - 1959
Established administrative reporting and procedural rules for unions.
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Rights of Employees
1. 1. To organize.
2. To bargaining collectively.
3. To expect no discrimination against them by management because they are union members.
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Rights of Employees
4. 4. To expect no discrimination against them by management if they bring charges of unfair labor practices against the employer.
5. To get a job without first being a member of a union.
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Rights of Employees
6. 6. Not to have to join a union unless the union and the employer have signed a valid union shop agreement in one of the states that do not have right to work laws.
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Rights of Employees
7. 7. Not to be charged exorbitant fees and dues by a union with a valid union-shop.
8. To receive financial reports from the union.
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Transition?
Contemporary Legislative Proposals
Striker ReplacementTEAM Act
(Employee involvement initiatives)