Title: Evolution of the Legal Framework for PrivateSector Collective Bargaining
1Evolution 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
2Public Policy Toward Unions
- 1800 - 1932 Period of Opposition
- 1918 - 1932 Transition gt Acceptance
- 1932 - 1947 Period of Support
- 1947 - 1990s Period of Control
- 1990s Transformation???
3Period 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.
4Period of Opposition
- 1806 - Conspiracy Doctrine
- What is legal for one person became an illegal
conspiracy if several persons join together for
the same purpose
5Period of Opposition
- 1842- Conspiracy Doctrine Revisited
- A Conspiracy cannot be prosecuted unless either
its aims or its methods are illegal in themselves
6Period 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
7Period of Opposition
- The Labor Injunction
- First Used in England in 1868 and Copied in the
U. S. During the Rail Strikes of the 1870s
8Period 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
9Period 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.
10Period 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
11Period of Opposition
- Sherman Anti-Trust Act - 1890
- This act provided the courts with statutory
reinforcement of both the conspiracy doctrine,
and the labor injunction.
12Period of Opposition
- Erdman Act - 1898
- Attempted to outlaw the Yellow-Dog Contract.
-
- Declared unconstitutional by the Supreme Court in
1908.
13Period of Opposition
- Clayton Act - 1914
- Attempted to restrain judges from their use of
the Sherman Act against unions (Danbury Hatters
Case).
14Period 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.
15Transition Toward to Acceptance
- Characterized By
- Emerging public support
- War Labor Conference Board
- Railway Labor Act - 1926
- Statutory attempts to restrain
- courts
16Period of Support
- Norris - LaGuardia Act - 1932
- Denied federal courts the right to forbid
strikes, peaceful picketing, or other action not
illegal in themselves.
17Period of Support
- Norris - LaGuardia Act - 1932
- Dramatically limited the use of injunctions and
outlawed the Yellow-Dog Contracts
18Period of Support
- NIRA
- Encouraged unionization
- Attempted to duplicate the
- Railway Labor Act
- Declared unconstitutional
- in 1935
19Period of Support
- National Labor Relations Act - 1935
- (Wagner Act)
- Became and remains the primary
- labor law of the United States
20National Labor Relations Act - 1935
- Section 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
21National Labor Relations Act - 1935
- Section 8(a) 1 through 5 - identifies
- five Unfair Labor Practices in which
- employers are not allowed to engage
22Unfair Labor Practices of Employers
- 1. To interfere with, restrain,
- or coerce employees who
- are exercising their rights
- under the law.
23Unfair Labor Practices of Employers
- 2. To dominate or interfere with
- the forming or administering
- of unions, or to contribute
- support to them.
24Unfair Labor Practices of Employers
- 3. To discriminate in hiring or
- in any other term of
- employment in such a way
- as to encourage membership
- in a union.
25Unfair Labor Practices of Employers
- 4. To discharge or otherwise
- discriminate against employers
- for filing charges against the
- employer or testifying under
- the law.
26Unfair Labor Practices of Employers
- 5. To refuse to bargain with the
- union representative.
27National 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.
28Period of Control
- Labor-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.
29Taft-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
30Taft-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)
31Taft-Hartley Act
- National Emergency Powers
- provisions are established
- FMCS is created
32Taft-Hartley Act
- Enacted Section 8(b) Listing the Unfair Labor
Practices that Apply Specifically to the Conduct
of Unions
33Unfair Labor Practices of Unions
- 1. To coerce employees into or
- restrain them from engaging
- in union activities.
34Unfair Labor Practices of Unions
- 2. To force management to
- discriminate against
- employees in violation of
- the law.
35Unfair Labor Practices of Unions
- 3. To refuse to bargain in good faith.
- 4. To require managers to pay money
- for work not done. (Featherbedding)
36Unfair Labor Practices of Unions
- 5. To engage in a strike or boycott
- to force management to commit
- illegal acts.
- (Secondary boycotts)
- (Jurisdictional strikes)
37Unfair Labor Practices of Unions
- 6. To charge excessive initiation
- fees and dues where there is a
- union shop.
-
-
38Labor-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.
-
39Labor-Management Reporting and Disclosure Act -
1959
- Established administrative
- reporting and procedural
- rules for unions.
40Rights of Employees
- 1. To organize.
- 2. To bargaining collectively.
- 3. To expect no discrimination
- against them by management
- because they are union
- members.
41Rights of Employees
- 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.
42Rights of Employees
- 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.
43Rights of Employees
- 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.
44Transition?
- Contemporary Legislative Proposals
- Striker Replacement
- TEAM Act
- (Employee involvement initiatives)