The Wagner Act

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

This law is also known as the Wagner Act, named for Senator Robert F. Wagner, the man who championed it. In a nutshell this law protects employees’ rights to form and participate in labor unions. The book, Labor Relations: Striking a Balance identifies the central provisions of the Act. These provisions include the establishment of the National Labor Relations Board (NLRB) which answers representation questions and settles unfair labor practice claims. The act gives workers the right to form unions and bargain collectively. It identifies five unfair labor practices and “establishes exclusive representation for unions that have majority support and grants them rights of collective bargaining over wages, hours of employment and other conditions of employment” (Budd, 2010, pp. 119-121). The law also made it illegal for companies to fire employees for forming or joining unions and prohibited company managed unions.

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

The labor relations movement has been one of the most successful driving forces behind such efforts as: providing aid to workers who were injured or retired, better health benefits and to stop the practice of child labor in the workforce. Ostensibly, unions in the United States arose out of the need to better protect the “common interests” of laborers. Today, many of the social movements and alliances forged are created under the guise to better protect the employer from a plethora of interests made against the organization, rather than, increasing wages, improving reasonable employment hours and/or enhancing work conditions.

Labor unions have existed in one way or another since the birth of our country in 1776. They were created in an effort to protect the working population from abuses such as sweatshops and unsafe working conditions. From the start of our Nation there were a few unions organized unions in a scattered fashion, but many were disbanded after they had achieved their goals, such as when the printers and shoemakers briefly unionized in Philadelphia and New York City in 1778 to conduct the first recorded strike for higher wages. Three years later in 1971 the first successful strike happened, when Philadelphia carpenters campaigned for a ten-hour workday. This caused the need for skilled and unskilled laborers to skyrocket during the Industrial Revolution and the Civil War and also got the ball rolling with Labor unions. At this point in our Country, there had been nothing done yet for workers’ rights, conditions, pay, and so on. People at this time saw that they could come together and do something to make their lives better for themselves and their families. Many of these dates were important in shaping our country’s labor policies into what they are today. In 1847 New Hampshire enacts as the first state to enforce a 10-hour workday law. In 1909 the International Ladies’ Garment workers’ Union calls a strike in New York, demanding a 20-percent raise and a 52-hour workweek. Within two days, more than 20,000 workers from 500 factories walk off the job. This largely successful uprising

See, e.g., Marion Crain & Ken Matheny, Beyond Unions, Notwithstanding Labor Law, 4 U.C. IRVINE L. REV. 561, 562–53 (2014). “Unions served as a vehicle for worker voice and political influence . . . .”

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

In labor as in all things there is strength in numbers it is this strength that American labor unions provide. Labor unions provide a collective voice for those who had not previously been heard. As the professor in the “Frustrated Labor Historian” Dr. Horace P. Karastan is left with the dilemma what are the three most important events in American labor union history it would be difficult to choose with so many important moments. There are however several events that stand out as being turning points in giving employees unquestionable protections. The Norris-LaGuardia Act of 1932 allowing employees the right to organize. Further the Wagner Act protecting employees from reprisal from employers for organizing spurring the growth of unionization. The Landrum-Griffin Act of 1959 building on the Wagner Act as well as the Taft-Hartley Act of 1947 which granted protections from the unions. It is these Acts that have changed the landscape of American labor union history and leave us with the unions that we have today.

Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).

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

As you can see, the Wagner Act of 1935 was very much unfair because it was in favor of labor unions and not all parties. Labor union leaders tried to repeal Section 14(b) which is the right-to-work

The New Deal Wagner Act established the right to organize, join labor unions, and prevented employers from firing their employees for affiliating with a labor union or protesting(this was originally unrealistic for unskilled workers to do as they were easily replaced. This allowed workers to strike and partake in a peaceful protest in order to pressure an employer in complying with. And prohibited employers from engaging in unfair labor

The labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease,

Right-to-work laws are defined as state laws that prohibit union and agency shops. I support this idea because, it decreases the power that unions have. Unions are not fair to its employees and competitors. They are also made out to have more power than it really should. I fully support right-to-work laws because, it breaks the chains of employees that are trapped by the dictation of labor unions. An aspect that I do not support is, the Employee Free Choice Act because, it is controlled by unions. This act is said to make it easier for unions to organize groups of workers, but it also pressures employees to select if they want to unionize much too quickly. Employers often avoid unionization because, they believe that they are not given enough

Though, the performance was less clear in establishing what management should do, starting only that management must bargain with employees in good faith. Collective bargaining under the Wagner Act does not require that an agreement be reached but that a good faith attempt be made towards reaching an agreement.