1 Evolution of the Legal Framework for Private-Sector Collective Bargaining n History of the labor movement n Development of Public Policy n The role of the courts n Where we are today

2 Public Policy Toward Unions Period of Opposition Transition > Acceptance Period of Support ’ s Period of Control 1990’ s Transformation???

3 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 Years Later.

4 Period of Opposition Conspiracy Doctrine “ What is legal for one person became an illegal conspiracy if several persons join together for the same purpose”

5 Period of Opposition Conspiracy Doctrine Revisited “ A Conspiracy cannot be prosecuted unless either its aims or its methods are illegal in themselves”

6 Period of Opposition In Spite of the Courts, and In Spite of Their Doctrines, Unions Continued to Grow With the Economy They Found It… Employers Needed More Ammunition to Combat Union Expansion, and They Found It…

7 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

8 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”

9 Period of Opposition Sherman Anti-Trust Act 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.

10 Period of Opposition Sherman Anti-Trust Act The Supreme Court ruled that “every contract, combination, or conspiracy in restraint of trade (is) Illegal, whether of business, farmers, or labor”

11 Period of Opposition Sherman Anti-Trust Act This act provided the courts with statutory reinforcement of both the conspiracy doctrine, and the labor injunction.

12 Period of Opposition Erdman Act Attempted to outlaw the Yellow-Dog Contract. Declared unconstitutional by the Supreme Court in 1908.

13 Period of Opposition Clayton Act Attempted to restrain judges from their use of the Sherman Act against unions (Danbury Hatters Case).

14 Period of Opposition Clayton Act When the Supreme Court got through with this act the labor movement was once again left holding an empty bag.

15 Transition Toward to Acceptance Characterized By: u Emerging public support u War Labor Conference Board u Railway Labor Act u Statutory attempts to restrain courts

16 Period of Support Norris - LaGuardia Act Denied federal courts the right to forbid strikes, peaceful picketing, or other action not illegal in themselves.

17 Period of Support Norris - LaGuardia Act Dramatically limited the use of injunctions and outlawed the Yellow-Dog Contracts

18 Period of Support NIRA u u Encouraged unionization u Attempted to duplicate the Railway Labor Act u Declared unconstitutional in 1935

19 Period of Support National Labor Relations Act (Wagner Act) Became and remains the primary labor law of the United States

20 National Labor Relations Act 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”

21 National Labor Relations Act Section 8(a) 1 through 5 - identifies five Unfair Labor Practices in which employers are not allowed to engage

22 Unfair Labor Practices of Employers To interfere with, restrain, or coerce employees who are exercising their rights under the law.

23 Unfair Labor Practices of Employers To dominate or interfere with the forming or administering of unions, or to contribute support to them.

24 Unfair Labor Practices of Employers To discriminate in hiring or in any other term of employment in such a way as to encourage membership in a union.

25 Unfair Labor Practices of Employers To discharge or otherwise discriminate against employers for filing charges against the employer or testifying under the law.

26 Unfair Labor Practices of Employers To refuse to bargain with the union representative.

27 National Labor Relations Act Section 9 Provides for a government-supervised secret ballot election Additionally the Act established the National Labor Relations Board (NLRB) to enforce the Act.

28 Period 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.

29 Taft-Hartley Act Section 7 activities” 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”

30 Taft-Hartley Act n n Outlawed the closed shop n Protected all concerted activity n Gave the individual states the option of banning the union shop agreement. (Sec 14-b)

31 Taft-Hartley Act n n National Emergency Powers provisions are established n FMCS is created

32 Taft-Hartley Act Enacted Section 8(b) Listing the Unfair Labor Practices that Apply Specifically to the Conduct of Unions

33 Unfair Labor Practices of Unions 1. To coerce employees into or restrain them from engaging in union activities.

34 Unfair Labor Practices of Unions 2. To force management to discriminate against employees in violation of the law.

35 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 )

36 Unfair Labor Practices of Unions 5. To engage in a strike or boycott to force management to commit illegal acts. (Secondary boycotts) (Jurisdictional strikes)

37 Unfair Labor Practices of Unions 6. To charge excessive initiation fees and dues where there is a union shop.

38 Labor-Management Reporting and Disclosure Act Enacted to eliminate the corruption and racketeering found in certain unions. Established a “Bill of Rights” for every member of a labor organization.

39 Labor-Management Reporting and Disclosure Act Established administrative reporting and procedural rules for unions.

40 Rights of Employees To organize. 2. To bargaining collectively. 3. To expect no discrimination against them by management because they are union members.

41 Rights of Employees 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.

42 Rights of Employees 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.

43 Rights of Employees Not to be charged exorbitant fees and dues by a union with a valid union-shop. 8. To receive financial reports from the union.

44 Transition? Contemporary Legislative Proposals Striker Replacement TEAM Act ( Employee involvement initiatives )