Taft-Hartley Act: A Case Study

Since the enactment of the Wagner Act, there has been a dramatic change in the way employment is handled between managers and employees. Employees have been given more of a chance to decide what they want at work, and are able to negotiate with their employers. They have the opportunity to discuss wage, hours, over time, etc. Previously, employees had little to no say in decisions that were made regarding their employment and basically had to be “yes men” for the employers. It prevented employers from firing people in unions, as well as people who were sympathetic to unions. Retracting these laws that have been put into place would be an egregious error. They are there in order to protect employees, regardless of whether they are in a

At the time of Roosevelt’s presidency, workers were treated quite poorly. Corporations provided harsh working conditions, very low wages, and negligible rights. One corrupt corporation was exposed in 1902. The actions from the workers, and Roosevelt’s support were a precedent for the reform enacted in the future. In 1902, a coal mine strike came forth from the workers. The labor accomplished was very dangerous, yet the

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

Prior to the 1950s, American public sector workers could not join unions. Because of job security and reasonable benefits, it was considered unnecessary for public sector workers to unionize and collectively bargain with their government employers. However, in 1958, Robert F. Wagner, then mayor of New York City, signed an executive order granting city workers the right to unionize. Other local and state legislators followed suit, allowing public sector workers the right to join unions. In 1959, the state of Wisconsin passed the first state law granting the right to public sector collective bargaining after extensive campaigning in the state by the American Federation of State, County and Municipal Employees (Fraser & Freeman, 2011). And in 1962, President John F. Kennedy granted federal employees the right to unionize and collectively bargain. Since then, the expansion of union activity in American government has closely mirrored the decline of union influence and strength in the American private sector (Masters, Albright, & Gibney, 2010)

The New deal of 1933 is often regarded at the height of the government’s beneficial support for the rights of the worker. The overall aim of the legislation was to decrease unemployment left in the wake of the Great Depression, as well as improve the rights of those who had already found employment in the unskilled labour force. The National Industry Recovery Act marked a significant change in the attitude of the Governments that had gone before, in that Roosevelt’s economic plans tended to support the worker over the employer, seeking to guarantee minimum wages, as well as the rights of trade unions to exercise collective bargaining techniques. The real benefits of the act were limited in that it was ruled unconstitutional by the Supreme Court, as it infringed on State’s rights. Despite this, the prospects for greater improvement in labour rights had never been better, as there was now a President who not only

Unions were formed to protect and improve the rights of workers. Their first order of business was to establish the eight-hour workday and in 1866, the national labor union was formed. Labor movements were around before 1866, but few organized up until this point. Unions created an environment for workers with difficult tasks, creating better pay, safer work conditions, and sanitary work conditions. Unions made life better for many Americans in the private sector. Collective bargaining became the way in which employers and a group of employees reached agreements, coming to a common consensus. From 1866 to the early 1900’s Unions continued to make headways increasing membership and power. The real gains started in 1933 after several pieces of legislature, which saved banks, plantations, and farmers. The American Federation of Labor (AFL) proposed an important, and controversial, amendment to the National Industrial Recovery Act of 1933. It insisted that language from the pro-labor Norris-LaGuardia Act of 1932 be added to the simple declaration of the right to collective bargaining. The setbacks the Congress of Industrial Organizations (CIO) suffered in Little Steel and textiles in the latter half of 1937, and in Congress from 1938 to 1940, despite the gains made by the AFL, by 1940 the amendment had stalled. WWII created a rapid buildup within the industrial complex, creating more work for women and African Americans, overshadowing the union’s inability to project their power

All organizations are in business to make money, but there are rules that the employer and the employee must follow as well. Any influence that management and labor have over the organization should be equal. The “Landrum-Griffin Act also knows as the Labor Management Reporting and Disclosure Act.” Was passed in 1959 through U.S. Congress. This is the result of certain improper activities that was going on between labors, management, employers and certain union officials. Many of the officials in higher positions misused numerous labor funds as well as being involve in violent activities. This act regulated union affairs internally and also controlled the use of union funds.

Of the many laws and regulations that affect labor relations in the United States, few have had a greater impact than the National Labor Relations Act (NLRA). This law, passed in 1935, was designed to protect the rights of both employers and employees, while also discouraging certain workplace practices. But what did this law actually do, and how does it affect your company today? Our workforce specialists at Industrial Relations Consultants have your answers.

To help bring about congressional change, the National Labor Union was created in 1866 “to pressure Congress to make labor law reforms” (Library of Congress). It was composed of “national associations of unions” with “trade-printers, machinists, stone cutters” and others (American Federationist).

The Taft-Hartley Act, which can also be referred to as the labor management relations act was implemented in 1947 (Legal Dictionary, 2015). The purpose of this act was to resolve unfair labor practices that were being exercised in unions. This act served to act as an amendment to previous laws, which were established under the Wagner act of 1935. The changes that were included focused on prohibiting secondary boycotts, required equal treatment between independent and affiliated unions, and altered the conditions on collective bargaining which

NLRA was considered to be the law that affected the relationship among the federal government and private enterprise; this measure considerably increased the government’s powers to arbitrate in labor relations. Prior to this law, employers had the emancipation to chastise, spy on, question for no reason and fire union members. Work stoppages commenced in the mid 1930’s (Gould, 1986), which included striking by factory and industrial occupational workers. By the time the strikes came to a halt, America had a more conservative Congress. This Congress led to balance the power between employers and unions. While the Wagner Act addressed only unfair labor practices by employers, it was added to the enactment of

The Taft-Hartley Act (also known more properly as the Labor Management Relations Act of 1947) as issued to amend the Wagner Act of 1935 and discontinued parts of the Federal Anti-Injunction Act of 1932. This law helped to reinforce flaws that were in the Wagner Act. Where the Wagner Act had only spoken of the right to participate in union activities, the Taft-Hartley Act helped to fill in the gaps by allowing for the right to refrain from union activities.

The Taft-Hartley Act was passed in 1947 to protect the employee’s rights from the union and their unfair practices ("1947 Taft-Hartley Substantive Provisions | NLRB," n.d). The ACT changed the language of the Wagner ACT, to protect the employees who did not want to participate in union activities but they were required to become a member as one of the conditions when they were hired ("1947 Taft-Hartley Substantive Provisions | NLRB," n.d.). Another change made to protect the employees was stopping the union from overcharging the dues and fees. The amendment also noted that unions had an obligation to all members to bargain in good faith ("1947 Taft-Hartley Substantive Provisions | NLRB," n.d.).

Consider the great "reform" of the New Deal in Labor/Management relations, the Wagner Act, which created the National Labor Relations Board, and defined an alliance between a Union and the ownership of an American Company as an "unfair labor practice." It might be unfair to suggest that the major intention of the Wagner Act was to instill the concept of Class Warfare at the core of Labor/Management relations. Its main thrust was to intrude the Executive branch of the Federal Government into those relations under the pretended authority of the Interstate Commerce clause of the Federal Constitution. Guaranteeing a certain antagonism between the players was one way to increase the opportunities to invoke the Federal role asserted.

The Landrum-Griffin Act was passed by President Dwight Eisenhower and was known as the new Labor-Management Reporting and Disclosure Act. This amended the Taft-Hartley Act in several different ways. One way that it amended it was in the way that state courts and labor relations regulated by the state were given jurisdiction over declined cases under jurisdictional standards. The other was that secondary boycotts were more strict as well as agreements known as “Hot Cargo Agreements.” were banned. Another way that it also amended the Taft-Hartley Act was that it protected employees’ and their union membership rights from the possibility of unfair practices by unions. Three examples of unfair labor practices, according to the NLRB.gov, are “Interfering with an employee’s right to organize, join, or assist a union, retaliating against an employee for filing a charge with, or giving a testimony to, the NLRB, and dominating or providing illegal assistance of support to a labor union.” (https://www.nlrb.gov/who-we-are/our-history/1959-landrum-griffin-act). When an employer goes and tries to interfere with the act of organizing or employees joining a union, they are violating certain labor practices. The employer must treat the conversation of unions as an unrelated matter to work. The work place cannot retaliate against an employee for grievances to the National Labor Relations Board. The employer can face serious consequences if they are