Learning Objectives. Describe the conspiracy doctrine. Define injunction. Explain a yellow-dog contract. Define the Railway Labor Act (1926). Describe the Norris–La Guardia Act (1932). Define the Wagner Act (1935). Learning Objectives (cont.). Explain the Taft–Hartley Act (1947).
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Learning Objectives Describe the conspiracy doctrine. Define injunction. Explain a yellow-dog contract. Define the Railway Labor Act (1926). Describe the Norris–La Guardia Act (1932). Define the Wagner Act (1935).
Learning Objectives (cont.) Explain the Taft–Hartley Act (1947). Describe right-to-work laws. Explain the Landrum–Griffin Act (1959). Describe the AFL–CIO. Define amalgamation and absorption.
The Legal Environment ofLabor–Management Relations • First unions in America appeared between 1790 and 1820. • Local organizations of skilled craftspeople • shoemakers in Philadelphia • printers in New York • tailors in Baltimore • other similar groups
The Legal Environment ofLabor–Management Relations • Philadelphia Cordwainers(shoemakers) case of 1806 • Case in which the jury ruled that groups of employees banded together to raise their wages constituted a conspiracy in restraint of trade.
The Legal Environment ofLabor–Management Relations • Conspiracy doctrine • Notion that courts can punish a union if they deem that the means used or the ends sought by the union are illegal.
The Legal Environment ofLabor–Management Relations • Commonwealth v. Hunt • Landmark court decision in 1842 that declared unions were not illegal per se.
The Legal Environment ofLabor–Management Relations • Injunction • Court order to stop an action that could result in irreparable damage to property when the situation is such that no other adequate remedy is available to protect the interest of the injunction-seeking party.
The Legal Environment ofLabor–Management Relations • Yellow-dog contract • Term coined by unions to describe an agreement between an employee and an employer stipulating that, as a condition of employment, the worker would not join a labor union. • made illegal by the Norris–La Guardia Act of 1932.
Sherman Anti-Trust Act (1890) Law made trusts and conspiracies that restrain interstate commerce illegal and forbade persons from monopolizing or attempting to monopolize interstate trade or commerce Primary intent of Congress in passing the law was to protect public from abuses of corporate monopolies
Clayton Act (1914) • Brief of Section 6 of the Act states • Labor of a human being is not a commodity or article of commerce • Brief of Section 20 of the Act states • No restraining order or injunction shall be granted by any court of United States in any case between an employer and employees
Railway Labor Act (1926) • Railway Labor Act • An act enacted in 1926 that set up the administrative machinery for handling labor relations within the railroad industry • first important piece of pro-labor legislation
Norris–La Guardia Act (1932) • Norris–La Guardia Act of 1932 • Pro-labor act that eliminated the use of yellow-dog contracts and severely restricted the use of injunctions. • gave employees the right to organize and bargain with employers on the terms and conditions of employment
National Labor Relations (Wagner) Act (1935) • National Labor Relations Act (Wagner Act) • Pro-labor act of 1935 that gave workers the right to organize, obligated the management of organizations to bargain in good faith with unions, defined illegal management practices relating to unions • created the National Labor Relations Board (NLRB) to administer the act.
National Labor Relations (Wagner) Act (1935) • Prohibited employers from engaging in uncertain unfair labor practices, including • Interference with, restraint of, or coercion of employees in exercising their rights under act • Domination of, interference with, or financial contributions to a union • Discrimination in regard to hiring, firing, or any term or condition of employment to encourage or discourage membership in a union
National Labor Relations (Wagner) Act (1935) • Prohibited employers from engaging in uncertain unfair labor practices, including • Discharge of or discrimination against an employee for filing charges or giving testimony under the act • Refusal to bargain in good faith with the legal representative of the employees
Taft-Hartley Act • Labor–Management Relations Act (Taft–Hartley Act) • Legislation enacted in 1947 that placed the federal government in a watchdog position to ensure that union–management relations are conducted fairly by both parties.
Taft-Hartley Act Unions were forbidden to: Coerce employees who do not want to join. Force employers to pressure employees to join a union. Refuse to bargain in good faith with an employer. Force an employer to pay for services not performed (featherbedding)
Taft-Hartley Act Unions were forbidden to: Engage in certain types of secondary boycotts (taking action against an employer that is not directly engaged in a dispute with a union). Charge excessive initiation fees when union membership is required
Taft-Hartley Act • Office of the General Counsel • Separate and independent office created by the Taft–Hartley Act to investigate unfair labor practice charges and present those charges with merit to the NLRB.
Taft-Hartley Act • Right-to-work laws • Legislation enacted by individual states under the authority of Section 14(b) of the Taft–Hartley Act that can forbid various types of union security arrangements, including compulsory union membership.
Map of Right-to-WorkStates Figure 18.1
Landrum–Griffin Act • Labor–Management Reporting and Disclosure Act (LMRDA) (Landrum–Griffin Act) • Legislation enacted in 1959 regulating labor unions and requiring disclosure of certain union finance information to the government.
Landrum–Griffin Act – Provisions Union members are guaranteed right to vote in union elections Union members are guaranteed right to oppose their incumbent leadership A majority affirmative vote of members by a secret ballot is required before union dues can be increased Reports covering most financial aspects of union must be filed with U.S. Department of Labor
Landrum–Griffin Act – Provisions Officers and employees of unions are required to report any financial dealings with employees that might potentially influence union members’ interests Each union is required to file a constitution and bylaws with U.S. Department of Labor Rigid formal requirements are established for conducting both national and local union elections
Landrum–Griffin Act – Provisions Union members are allowed to bring suit against union officials for improper management of union’s funds and for conflict-of-interest situations Trusteeships that allow national or international unions to take over the management of a local union can be established only under provisions specified in the constitution and by-laws of the union and only to combat corruption or financial misconduct
Civil Service Reform Act (1978) • Civil Service Reform Act • Legislation enacted in 1978 regulating labor–management relations for federal government employees. • Federal Labor Relations Authority (FLRA) • Three-member panel created by the Civil Service Reform Act whose purpose is to administer the act.
Union Structures • American Federation of Labor–Congress of Industrial Organizations (AFL–CIO) • Combination of national, international, and local unions joined together to promote the interest of union and workers. • formed in 1955 by the amalgamation of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO).
Important Dates in theLabor Movement Table 18.1
Union Structures • Craft unions • Unions having only skilled workers as members. • Most have members from several related trades • Bricklayers, Masons, and Plasterers International Union
Union Structures • Industrial unions • Unions having as members both skilled and unskilled workers in a particular industry or group of industries
Current and Future Developments In the Labor Movement Men were more likely to be union members than women. African Americans were more likely to be union members than were whites, Asians, and Hispanics. Nearly 4 in 10 government workers were union members in 2003, compared with less than 1 in 10 workers in private-sector industries
Current and Future Developments In the Labor Movement Nearly two of five workers in the education, training, and library occupations were union members. Nearly two of five workers in the protective service occupation which includes firefighters and police officers
Current and Future Developments In the Labor Movement Four states had union membership rates over 20 percent in 2003: New York (24.6 percent), Hawaii (23.8 percent), Alaska (22.3 percent), and Michigan (21.9 percent). North Carolina (3.1 percent) and South Carolina (4.2 percent) reported the lowest union membership rates.
Current and Future Developments In the Labor Movement • Amalgamation • Union merger that involves two or more unions, usually of approximately the same size, forming a new union. • Absorption • Union merger that involves the merger of one union into a considerably larger one.
Union Membership History as a Percentage of the U.S. Workforce, 1921–2003 Figure 18.2