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The story of organized labor in America is one of struggle. Labor unions were viewed by many, especially employers and capitalists, as unlawful organizations. The law was almost always favorable to employers over employees: even the Sherman Anti-Trust Act, which was passed in order to curb corporate concentration, was used as a weapon--it furnished the rationale for injunctions against many types …
The National Labor Relations Act (NLRA), also called the Wagner Act after its sponsor, Democratic Senator Robert F. Wagner from New York, was enacted in 1935. With the passage of the NLRA Congress moved for the first time to lay out a legal framework for dealing with labor unrest. The act applies to all employers and employees involved in interstate commerce. Among the groups not covered by the NL…
Public opinion turned against organized labor in the postwar period, and over the veto of President Harry S. Truman Congress passed the Labor- Management Relations Act of 1947, called the Taft-Hartley Act after its sponsors, Sen. Robert J. Taft, and Rep. Fred A. Hartley. The act amended the NLRA and was a response to what many felt were the coercive actions of too-powerful unions. It defined and p…
Employers may not prohibit organizing efforts of workers on company property during nonworking time such as lunch periods, rest breaks, and before and after shifts, but generally they may ban non-employee organizers from company property. Employers may give captive speeches discouraging union formation to employees during work hours, and they are not required to give the union an opportunity to re…
Elections can take place for three possible reasons: to vote on joining a union, to vote on switching membership from one union to another, and to vote on decertifying a union. When 30 percent of an employer's workforce desire an election, it usually must be held, with some major exceptions. No election may be held within twelve months of any prior election or within twelve months of the creation …
The NLRB oversees the regulation of labor negotiations. Typical subjects of negotiation are wages and benefits, methods and timing of payment, pensions, safety, work rules, employee grievance procedures, seniority, and layoffs. The NLRB classifies subjects of bargaining as mandatory, permissible, or illegal. The subjects just mentioned are classified as mandatory; this means that one side may not …
In a closed shop prospective employees must already be union members before they can be hired. The Taft-Hartley Act banned the closed shop--it is an illegal subject of bargaining, which unions may not bring to the negotiating table. In a union shop new employees must join the union within thirty days or be fired. The NLRA is ambiguous regarding the union shop, with one section seemingly permitting…
Strikes are divided into two categories: economic strikes and unfair labor practice strikes. Economic strikes are those that take place over issues such as wages and benefits. An unfair labor practice strike occurs when workers strike over an employer's unfair labor practice, particularly the refusal to negotiate. The main difference between the two types lies in the rules regarding an employer's …
The perception of child labor as a social evil to be eradicated began with industrialization and wage labor. In earlier times children had always worked, and for them to do so was regarded not as a necessary evil but as a positive good. Religious proscriptions against idleness and the acquisition of work skills weighed heavily in favor of child labor. Children who worked also did not become depend…
While state laws remained lax, poorly enforced, and in some cases nonexistent, action on a federal level did not really begin until the twentieth century. A group of social reformers created the National Child Labor Committee in 1904, which was instrumental in pressing for national child labor regulation. The first Congressional bill to regulate child labor was introduced in 1906 by Sen. Albert J.…
Children from 16 to 17 years old may work in any non-hazardous job; there is no limitation on the number of hours they may work. Jobs classified as hazardous include work with explosives or radioactive materials, work using various types of machinery, and operation of motor vehicles. Most jobs in certain industries such as logging and meat packing are also deemed hazardous. Children aged 14 to 15 …
Farm labor is considerably less restricted. Children of any age may perform any job without restriction on farms owned or operated by their parents. Youths age 16 or older may work in any farm job without limitation on hours or type of job. Youths age 14 and 15 may work in non-hazardous jobs outside of school hours. Farm jobs classified as hazardous include handling explosives or pesticides, worki…
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