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THE NATIONAL INDUSTRIAL RECOVERY ACT, 1933 (NIRA) | ||||
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THE NATIONAL LABOR RELATIONS ACT (Wagner Act) 1935 (NLRA) | ||||
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The NLRB v. Jones & Laughlin Steel upholds the constitutionality of the Wagner Act, 1937 | ||||
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The CIO 1935 - 1955 | ||||
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The Flint Sit Down Strike: GM & Battle of Running Bulls: CIO victory, 1937 | ||||
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The UAW & the United Steel Workers are formed | ||||
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LABOR MOVEMENT & WW 2 | ||||
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The Smith Connally Anti Strike Act, aka the Dispute Act | ||||
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WEAKENING OF THE GLC | ||||
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The Taft Hartley Act, 1947 | ||||
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McCarthyism forced purges in the Labor Movement & other spheres of American society | ||||
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The AFL CIO is formed by Meany & Reuther, 1955 | ||||
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Corruption in Organized Labor, 1955 | ||||
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Graft ridden Teamsters, headed by Jimmy Hoffa, are expelled from the the AFL CIO, 1957 | ||||
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Landrum Griffin Act: encourages union democracy, 1959 | ||||
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Labor Related Executive Orders | ||||
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THE LABOR MOVEMENT DURING THE POST INDUSTRIAL AGE: circa 1970 - present | ||||
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The Decline & Resurgence of the Labor Movement | ||||
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RICO, 1970 | ||||
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Amended Taft Hartley Act of 1974 | ||||
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Labor Law | ||||
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Labor Regulatory Agencies | ||||
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The Dept. of Labor ( DOL, estb 1913 ) | ||||
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The Federal Mediation & Conciliation Service ( FMCS, estb 1947 ) | ||||
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The National Mediation Board ( NMB, estb 1926 ) | ||||
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The National Labor Relations Board ( NLRB, estb 1935 ) |
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- Introduction: The Wagner Act, aka the National Labor Relations Act (NLRA), was enacted in 1935 & is the cornerstone of our National Labor Policy | |||||
- Summary: The NLRA guarantees the rights of workers to organize & to bargain collectively w/ employers. It encourages collective bargaining & provides govt processes for the selection of employee bargaining representatives. It established the National Labor Relations Board (NLRB) | |||||
From the Preamble to the National Labor Relations Act: "It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice of collective bargaining and by protecting the exercise by workers of full freedom of association, self organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection." |
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The Wagner Act was passed in the throes of the Depression |
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It was a period of of weakness for Labor |
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The Great Depression & the Wagner Act sent a strong message to the people which was that things could change, & that the govt helped the small person too | |||||
Many people joined Marxist/socialist/communist related groups, but in effect FDR's New Deal reformed the system & headed off revolution | |||||
The Wagner Act can be seen as an important part of the New Deal | |||||
The Wagner Act of 1935 essentially legalized unions & union activities & founded the basis of the modern labor movement |
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Under Section 7 of the National Labor Relations (Wagner) Act, employees are entitled to form, join, or assist labor organizations |
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There are TEN major provisions of the Wagner Act |
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1. Employees may form a union |
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2. Employees may join a union |
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3. Prohibits interference w/ assisting a union |
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4. Employees may financially contribute to a union |
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5. Prohibits discriminating against a union member |
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6. Employers must bargain in good faith |
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7. Employees may strike & have a right to open jobs upon their return | |||||
8. Employers must recognize a union as having the right to exclusive representation of workers |
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9. The NLRB is created as an independent govt agency that reports only to Congress |
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10. Some workers are not covered by the Wagner Act & therefore have little right to organize: supervisors & mgrs., agricultural workers, domestics, family workers, federal, state, & local employees, & employees covered by the RLA |
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The provisions of the Wagner Act are often seen as establishing the rights of unions, the rules of collective bargaining, workers' rights to unionize, unfair labor practices | |||||
The NLRA does not spell out wages & working conditions | |||||
There are EIGHT minor provisions of the Wagner Act: |
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1. Must bargain in “good faith” | |||||
2. Union becomes sole bargaining agent for workers | |||||
3. Secret ballot elections for union representative |
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4. Workers cannot be fired/harassed for union activity | |||||
5. Closed shops are allowed (but can only be mandated by state law) | |||||
6. Made company unions illegal | |||||
7. If strikers return to work, they must be rehired for open jobs that they qualify for | |||||
8. If strikers return to work, they must be given preference when jobs become open | |||||
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In essence the Wagner Act declared certain practices by employers against unions to be illegal |
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A study tracking organizing success following the passage of the Wagner Act found that organized firms had a 20% lower rate of return than non union firms | |||||
Because the Supreme Court declared the NIRA void in 1935, employers thought the same would happen w/ the Wagner Act | |||||
Therefore employers were intransigent & did not obey the Wagner Act | |||||
Most of the strikes from 1935 to 1937 were over union attempts to be recognized & not over wages or other issues | |||||
In relation to the Wagner Act, employers fought back against the attempts to estb unions w/ programs such as the Mohawk Valley Formula | |||||
But in 1937, in NLRB v. Laughlin Steel Corp, the Supreme Court ruled the Wagner Act to be constitutional | |||||
The Wagner Act was amended for the first time in 1947 by the Labor Management Relations Act, commonly known as the Taft Hartley Act | |||||
The NLRA was again amended in 1959 by the Labor Management Reporting & Disclosure Act, commonly known at the Landrum Griffin Act |
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The Wagner Act was very similar to the NIRA, which was declared unconstitutional, so many thought the Wagner Act would also be declared unconstitutional | |||||
Business advisors told business not to worry about compliance |
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Many national unions told locals to pick fights carefully, because they wanted the strongest possible case going to the Supreme Court |
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A Report to Congress by a former US Attorney General, two Solicitor Generals, several Presidents of the Bar Association, many well known corporate lawyers, etc., all reported that the Wagner Act was clearly unconstitutional |
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FDR would not even support the bill until after it passed the Senate |
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But FDR added new, members to the Supreme Court that were friendly to his agenda, including support for the Labor Movement |
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By a 5 to 4 decision, the Supreme Court upheld the validity of the Wagner Act |
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The Supreme Court accepted the findings of the NLRB that Jones & Laughlin was engaged in interstate commerce & thereby upheld the Wagner Act |
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Manufacturing, even when conducted w/in a state, is interstate commerce & therefore subject to federal law | |||||
By bringing raw materials from other states & then shipping its finished products to points outside the state, the Court ruled, the company was engaged in the "stream" of commerce |
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The stoppage of these activities would have an effect on interstate commerce |
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Therefore, the Court had "no doubt that Congress had constitutional authority to safeguard the right of respondent's employees to self organization & freedom in the choice of representatives for collective bargaining." |
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This was the first of fifteen formal decisions won by the NLRB |
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The AFL was racked w/ internal dissent |
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The AFL was always in competition w/ the more radical unions that pushed a socialist agenda | |||||
The AFL would not move in this radical direction | |||||
Some believed that the AFL should include only skilled craft workers |
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Others, including the CIO, believed that it should organize the semi skilled workers in the new mass production industries of autos, rubber, steel, glass, aluminum, chemical |
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The AFL would not move in the direction of organizing semi skilled workers | |||||
After the Great Depression, 1935 John L. Lewis, chair of the UMW, broke the UMWA & 7 other unions from AFL & formed the CIO | |||||
The other unions in the newly formed CIO included the Clothier Union, the International Typographical Union, & the Steel Workers Organizing Committee (SWOC) | |||||
The battle inside the AFL was btwn John L. Lewis of the UMWA & "Big Bill" Hutcheson of the Carpenters' Union | |||||
The CIO did not pretend to challenge the AFL on radical ideological or philosophical grounds, & it was therefore a different movement from the AFL's earlier Labor opponents | |||||
The CIO differed w/ the AFL on structure, organizing, & power | |||||
The CIO's structure was seen in their strategy of organizing workers into industrial unions regardless of skills, rather than into the traditional craft unions of skilled workers | |||||
The success of the CIO was traceable to both the procapitalist philosophy it shared w/ the AFL & the effectiveness of its views on organizing & structure | |||||
Indeed, the AFL saw itself forced to abandon antiquated policies & compete w/ the CIO for the mass production industries | |||||
The CIO's momentum increased during the 1930s |
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Both the AFL & the CIO & other unions raided each other's member / employers caught in the middle | |||||
This lead to some states outlawing certain union activities | |||||
By 1938, the CIO's membership of 3.7 mm was greater than that of the older AFL by 300,000 |
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John L. Lewis was the leader of the CIO from 1938 - 1940 | |||||
Lewis was succeeded by Philip Murray who died in office in 1952 |
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Walter P. Reuther headed the union from 1952 - 1955, when the CIO merged w/ the AFL |
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The Flint Sit Down Strike, e.g. the GM & Battle of Running Bulls was a major CIO victory in 1937 | |||||
After the Flint Sit Down Strike, another major victory for the CIO was when Lewis & Taylor of US Steel signed a contract |
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The most famous sit down strike was stage against GM in Flint, MI in 1937 |
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Homer Martin employed the sit down strike at GM | |||||
The sit down started in the Fisher Body Buildings I & II & the police attacked the strikers w/ tear gas |
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The workers held their ground against three police assault by using fire hoses |
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The police gunfire wounded 14 unarmed workers & the next day, the militia massed |
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The situation became very tense when the plants were surrounded by soldiers w/ gatling guns | |||||
Workers at the Fleetwood plant then went on strike |
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The Governor of MI refused to escalate the situation & the siege continued for 44 days |
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During the time of the siege, a confrontation called the "Battle of the Running Bulls" took place |
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The police (Bulls) attacked the workers' wives who were smuggling food into the plant |
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The police had to retreat from the workers' fire hoses |
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Because of the sit down strike, the Battle of the Running Bulls, & the length of the siege, GM eventually gave in to the CIO |
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This important victory enabled the CIO to organize most of the auto industry, & also most of the steel industry |
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This victory may also be credited w/ two of the largest & most powerful unions in American history: |
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See Also: The UAW | |||||
The United Steel Workers |
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The tactics used in the Flint Sit Down Strike became widespread | |||||
By 1938 the CIO had 3.7 mm while the AFL had 3.4 mm members |
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Prior to WW 2, there were many Labor jurisdictional disputes & membership raids |
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In 1940, Labor split ranks during the Presidential election, some going to Wilke & some to FDR because FDR didn't help UAW w/ the GM strike |
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The US was not out of the Great Depression, so there was widespread political & economic strife |
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Radicals questioned the American capitalist system & the social order |
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Increasing numbers of Labor staff & leaders were communists |
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During WW 2, accommodation & innovation in bargaining were widespread |
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Even overtly communist unions supported no strike agreements since this aided the Soviet American alliance in Europe |
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In 1941, coal miners struck in both April & September, raising FDR's ire & turning public opinion against them | |||||
The public became disillusioned w/ strikes while soldiers died | |||||
When America entered the war, a no strike pledge was given, but not followed | |||||
In 1943 there were 4,300 strikes & Ford was organized |
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Congress passed the War power Acts in 1941 & 1942 which established the National War Labor Board (NWLB) in January of 1942 |
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In 1945 there were 4,750 strikes & the govt seized coal mines & inducted miners into military |
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During the war, as labor employed unique negotiating strategies that did not focus on wages or hours, fringe benefits became routine |
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The NWLB responded to Labor's demand for closed shop by devising a compromise of "maintenance of membership" by which unionized workers were obliged to remain in their unions to continue employment |
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By the end of the war, some 4 mm workers were employed under the conditions of "maintenance of membership" |
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The NWLB devised the Little Steel formula which tied wage increases to the cost of living |
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FDR ordered the freezing of wages & prices in April 1943 |
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Lewis of the UMW refused to appear before the NWLB & called for a strike of soft coal miners in May 1943 | |||||
These & other strikes spawned the passage of the Smith Connally Anti Strike Act, aka the War Labor Disputes Act over FDR's veto | |||||
The need to expand the labor force during the war meant more women & minorities worked | |||||
The Fair Employment Practice Committee (FEPC) was designed to curb discrimination | |||||
Comparable Worth, i.e. equal pay for equal work became routine for women | |||||
The govt required nondiscrimination in all war contracts | |||||
Attempts failed to make these regulations permanent law after the War | |||||
During the War, the CIO was more aggressive in labor activities than was the AFL |
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The CIO tried to get around the Smith Connally Anti Strike Act prohibition of union political activity by establishing the Political Action Committee to work for FDR's reelection |
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The AFL refused to give open support for FDR | |||||
Union membership grew from 10 to 13 mm during the War | |||||
The Post WW 2 period saw the single greatest year of Labor conflict in US history in 1945 | |||||
Pent up consumer demand was unleashed
People resumed family life & the American dream |
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Women & minorities had gained seniority & were reluctant to give it up to white, male soldiers | |||||
Labor had traditionally followed the seniority system | |||||
Labor was btwn a rock & a hard place | |||||
There was contention all around & a conservative post War Congress was elected | |||||
In 1946 the UMW struck resulting in the union being held in contempt of court & fined $3.5 mm which was sustained by the Supreme Court but reduced to $700,000 | |||||
Truman threatened to draft the railroad strikers | |||||
Walter Reuther, president of the UAW, demanded to look at GM's books to see if GM could increase pay w/o increasing prices | |||||
In all cases, the demands for wages were met when govt boards recommended both wage & price increases | |||||
Fringe benefits in the form of pension plans, insurance, & vacation grants became part of collective bargaining as a result of using these forms of compensation in lieu of wage increases during WW 2 | |||||
Public hostility during the Post-War Era was inflamed by FIVE factors | |||||
a. Inflation | |||||
b. Soldier pay had not kept up w/ labor pay & soldiers were resentful | |||||
c. A belief that unions had grown to powerful | |||||
d. A few, corrupt labor officials | |||||
e. The control of some unions by communists | |||||
Because of this, in June of 1947, the Taft Hartley Act was passed over Truman's veto |
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In June of 1943 strikes became so widespread that Congress passed the Smith Connally Anti Strike Act, aka the War Labor Disputes Act over FDR's veto |
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There were FIVE provisions of the War Labor Disputes Act |
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a. seizure of plants if struck because of the necessity to keep going for the war effort |
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b. strikes & lockouts in defense industries became a criminal offense |
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c. the requirement of a 30 days notice to the NWLB of a pending dispute |
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d. the requirement of the National War Labor Board to monitor all strikes |
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e. union funds may not be used for political purposes | |||||
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Under the act, the govt took over the coal mines &, for a brief period, the railroads |
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Work stoppages, although dangerous, accounted for less than 1 % of total working hours of the wartime laboring force, a record that was better than blockaded Britain |
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American workers were committed to the war effort & only struck when conditions became intolerable |
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- Project: Opportunities & the Weakening of the GLC |
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Today, Labor bargains over wages, hours, working conditions, bilateral govt of the workplace, grievances, job security, political lobbying, etc. |
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Fringe benefits in the form of pension plans, insurance, & vacation grants became part of collective bargaining as a result of using these forms of compensation in lieu of wage increases during WW 2 | |||
Union elitism still exists today which demonstrates the existence & effects of the Great Labor Compromise |
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This split in union & non union workplaces still exists & is the source of much working class conflict |
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Traditional industrial union workers remain better off than non unionized workers or non industrial workers, w/ the exception of some high tech workers |
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Non industrial workers & non union workers are better off today than they were 100 yrs ago, but sill are behind the unionized industrial workers |
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The impression of union elitism is moderated by TWO actions: |
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- the extent to which unions help others organize |
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- the extent to which unions work for the benefit of the working class |
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The GLC is weaker today & union membership fallen from 54% to 13% for TWO reasons | |||
a. - because of the sharp decline of the number of traditional union (industrial) jobs |
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b. - unions have been slow to change: unions have been slow to organize service jobs, women, minorities, low wage jobs, etc. |
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Just as Labor sought issues beyond wages, hours, & working conditions during WW 2, so they have sought issues of the 70s, 80s, etc. | |||
Issues which unions are organizing around include comparable worth, civil rights, participation in decision making, the right to know, and more |
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- Summary: While the Wagner Act declared certain practices by employers against unions to be illegal, the Taft Hartley Act (THA) declared certain practices by unions against employers to be illegal | |||||
The Taft Hartley Act (THA) of 1947 is officially known at the Labor Management Relations Act |
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Sponsored by Senator Robert Taft & Rep. Fred Hartley, it amended the National Labor Relations Act of 1935, the Wagner Act |
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The THA was a reaction to the unregulated growth of Labor & certain alleged abuses of power by some Labor leaders |
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For the first time since 1930, Republicans held both houses of Congress which allowed passage of the Act over the veto of Truman |
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Congressional adoption of the THA over President Truman's veto came about in large part because of perceived excesses by Labor during WW II | |||||
Labor had been steadily building power through the NIRA & then the Wagner Act |
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Opponents had succeeded in getting the NIRA declared unconstitutional |
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Opponents had tried but failed to get the Wagner act declared unconstitutional in the NLRB v. Jones & Laughlin Steel Corp |
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The opponents began a Congressional drive to have the act amended but were delayed by the problems of WW 2 |
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From 1935 (the Wagner Act is enacted) & 1947 (the THA), unions expanded from 3 to 15 mm |
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In industries such as coal, construction, railroads, & trucking over 80% of the workers were unionized |
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Factors contributing to the climate that prompted the passage of the THA | |||||
a. 1945 had more strikes than any year in history | |||||
b. In 1946 a wave of strikes closed steel mills, ports, auto factories, etc. | |||||
c. The birth of the Cold War, fears of Communist dominated unions | |||||
Red Scare: Alger Hiss, John Reed, etc. | |||||
d. Public reaction against strikes during WW 2 while solders fought & died | |||||
e. Public image of labor was gruff & influenced by the American Plan, the Mohawk Valley Formula, etc. | |||||
Many believed that Wagner Act had tipped the scales to far in Labor's favor | |||||
f. Poor legislative tactics by Labor & Labor Supporters | |||||
Democrats in Congress were not Labor supporters | |||||
Truman tired to veto the act, but he & Labor were surprised at the resistance (unaware of opposition) | |||||
Labor didn't count noses, i.e. manage the legislative process | |||||
Senator Taft displayed a mastery of parliamentarianism | |||||
Where the preamble of the Wagner Act limited the blame for labor disputes obstructing commerce to employers, the THA extended the blame to the conduct of the union |
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The definition of unfair labor practices by employers was tightened, allowing employers to speak more openly in labor controversies |
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The freedom of unions in the exercise of economic pressure was limited by the designation of unfair labor practices |
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The workers gained the right to reject a union |
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There NINE Major Provisions of the Taft Hartley Labor Act of 1947: | |||||
a. Designated unfair labor practices by unions | |||||
i. jurisdictional raids | |||||
ii. featherbedding | |||||
iii. refusal to bargain in good faith | |||||
iv. secondary strikes, boycotts & sympathy strikes | |||||
v. Labor leaders must certify they are not communists | |||||
b. Protects right of workers not to join union | |||||
The states may pass right to work laws-- closed shops are illegal | |||||
c. Established the process to decertify a union | |||||
d. Fed govt may issue injunction to end strike for an 80 day cooling off period if a strike threatens the national interest | |||||
e. Establishes the Fed Mediation & Conciliation Service (FMCS) | |||||
f. Authorized union to sue & be sued | |||||
g. Expanded the NLRB from 3 to 5 & established the General Counsel seat | |||||
h. Prohibited strikes by federal workers | |||||
i. Corporations & unions are prohibited from making political contributions ( both have found loop holes ) | |||||
See Also: The Amended Taft Hartley Act | |||||
There are FOUR Lessons of the Taft Hartley Act of 1947 | |||||
a. Labor needs to be prepared to advocate /or thwart a legislative agenda | |||||
b. Labor needs to take a visible stand on legislation | |||||
c. The balance changed: Labor cannot afford to fight amongst selves | |||||
d. Labor must seek public support |
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- Project: McCarthyism, It's Causes, & Today |
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McCarthyism is a term for the widespread accusations & investigations of suspected communists & communist activities in the US during the 1950s |
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The term McCarthyism comes from Senator Joseph McCarthy, a Wisconsin Republican who made numerous charges, usually w/ little evidence, that certain public officials & other individuals were communists or communist sympathizers |
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Joseph McCarthy & McCarthyism should not be confused w/ the liberal Eugene McCarthy, a sociologist who became the democratic Senator from MN from 1959 to 1971 |
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McCarthy's activities themselves were restricted to 36 days of Senate hearings that he headed in the search for communists w/in the govt, however the term McCarthyism has been used to describe any "communist witch hunt" | |||||
McCarthyism developed during the Cold War, when in the 1940s & 1950s Americans became alarmed & frustrated |
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During this era, communists took over Czechoslovakia & China |
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The Soviets exploded their first A bomb sooner that anyone guessed (as revealed in the 1990s they had help from spies w/in the Los Alamos bomb development center) |
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The Soviets equipped the North Korean Communists that invaded So. Korea resulting in the Korean War from 1950 - 1953 |
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Charges that Americans had served as Soviet spies received wide attention |
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Alger Hiss, a former official of the State Dept, was accused of giving secrets to the Soviets in the 1930s |
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Julius & Ethel Rosenberg, an American couple were convicted of passing military secrets to the Soviets in the 1940s (controversy surrounds this conviction) |
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McCarthyism itself was preceded by many similar more widespread govt "communist witch hunts" |
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The Fed Govt began the search for communists among its employees when Truman established the Loyalty Boards in 1947 |
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The Loyalty Boards dismissed any govt worker who had questionable loyalties |
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Also in 1947 the US Attorney General established a list of organizations that the Dept of Justice considered disloyal |
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There was no defense against these types of accusations |
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McCarthy himself searched for communists, primarily w/in the Army |
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The 1940s & 1930s saw the growth of anti communism, McCarthyism, & right wing attacks on many liberal elements of American society including labor unions |
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To confront this, the Labor Movement closed ranks & carried out a series of internal purges |
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In 1949 & 1950 the CIO expelled eleven unions that had substantial communist membership | |||||
The AFL & CIO merged in 1955, under the leadership of George Meany & Walter Reuther, partially from concerns about a leveling off of membership & also from a narrowing of ideological differences | |||||
In 1957, the AFL CIO expelled the graft ridden Teamsters led by Jimmy Hoffa | |||||
In 1959, Congress passed a major piece of Labor related legislation, the Landrum Griffin Act which regulates the internal practices of unions including the election of officers, & the encourages democracy w/in unions |
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- AFL CIO Website: http://www.aflcio.org/ |
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The AFL had formed in 1869 as a federation of craft unions | |||||
The CIO had formed in 1935 as it broke away from the AFL to form the first industrial union | |||||
The AFL CIO is similar to a trade association, a chamber of commerce, or a national association of manufacturers | |||||
It coordinates activities among the Nationals & amplifies their voices | |||||
The federation of the AFL CIO's prime functions are information, integration, and advocacy | |||||
It's greatest areas of autonomy relate to legislative & political processes | |||||
NINE factors set the stage for the merger of the AFL & the CIO into the AFL CIO in 1955 |
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One of the factors that set the stage for the AFL CIO merger was that: | ||||
1. late in the 1940s there were strong economic conditions w/ higher wages & profits & living standards |
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2. mgt. & Labor were working for peaceful labor relations |
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3. in 1952, both William Green (AFL) & Philip Murray (CIO) died | |||||
4. successors to the AFL & the CIO, George Meany (AFL) & Walter Reuther (CIO) were able to close ranks as predecessors would have found impossible |
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5. in 1954 the new leaders of the AFL & CIO signed a no raid agreement |
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6. the declining growth of membership made Labor pull together |
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Unionization as a fraction of labor peaked in 56 at 1/3 | |||||
7. the passage of the 1947 Landrum Griffin Act |
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8. Labor corruption could be more easily dealt w/ if Labor pulled together | |||||
9. one of the urgent tasks facing the AFL CIO was the elimination of corrupt elements from the Labor Movement | |||||
A Brief History of the AFL CIO: | |||||
In the 1960s the AFL CIO supported the New Frontier & the Great Society domestic programs of presidents Kennedy & Johnson |
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The support of the AFL CIO contributed to legislative successes in civil rights, voting rights, housing, education, health & medical care, urban redevelopment, & poverty programs |
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But the AFL CIO failed to get section 14b of the Taft Hartley Act repealed |
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The AFL CIO opposed much of Nixon's agenda, especially his anti inflationary wage & price controls |
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Never-the-less, Labor was neutral in the Nixon - McGovern election of 1972, the first time that a Democratic candidate did not gain support & $$ from Labor |
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After the election & Watergate, the AFL CIO moved quickly for its reassertion of influence in the Democratic Party & of the impeachment of Nixon |
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In 1974 the AFL CIO had 13 mm members, w/ the two biggest unions being independent: the Teamsters & the UAW |
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While Labor had stabilized in the 1950s, by the mid 70s, the trend was one of decline | |||||
George Meany retired in 1979 & was succeeded by Lane Kirkland | |||||
Under Kirkland, the UAW which was disaffiliated in 1968, reaffiliated in 1981 | |||||
1982 is considered the Centennial Year of the AFL CIO | |||||
The Teamsters, who were ejected in 1957, were reaffiliated in 1987 | |||||
In 1994, Sweeney takes the Presidency and advocates more militancy | |||||
The Org Structure the AFL - CIO: | |||||
The merger did not change in any fundamental way the decentralized & essentially economic nature of the Labor Movement | |||||
The AFL CIO consists of about 100 national & international trade & industrial unions w/ a total membership of about 13 mm | |||||
The nationals are self governing, but cooperate w/ one another within the federation | |||||
Each national union has local unions in the US & its territories | |||||
Each international unions also have local unions in Canada, Puerto Rico, & Panama | |||||
The national & international labor unions have more than 60,000 local unions | |||||
States & Local Central Bodies
AFL CIO interacts w/ 800 state and local central bodies These orgs are mostly political/lobbyists |
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All affiliated unions are entitled to representation at the AFL CIO's convention every two years | |||||
The convention is the supreme governing body | |||||
Delegates are appointed based on size of the national union from which they come | |||||
The delegates are elected or appointed according to the national's policy | |||||
Other delegates come from directly affiliated locals, state & city bodies, national industrial & trade dept. | |||||
The Convention elects the President, the Secretary Treasurer, and 33 vice Presidents who make up the Executive Council (ExCo) | |||||
The ExCo determines policy btwn conventions & carries out policies established by the convention | |||||
The AFL CIO has central bodies (federations) in all 50 states & Puerto Rico, and over 700 local central bodies | |||||
There are EIGHT trade & industrial depts. in the AFL CIO | |||||
a. Building & Construction
b. Industrial Union Trade c. Metal Trades d. Union Label & Service Trades e. Maritime Trade f. Food & Allied Service Trades g. Professional Employees h. Public Employees Depts |
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The AFL CIO constitution established committees & depts.
to deal w/
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The Activities & Policies of the AFL CIO: | |||||
Assists its unions in organizing work, legal assistance in court, represents affiliates in govt, & nongovt agency dealings | |||||
The AFL CIO does not itself engage in collective bargaining or issue strike calls (w/ minor exceptions) |
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This power resides, as it always has, in the autonomous national & international unions |
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Maintains research, information, & publicity services | |||||
Publishes an official magazine: The American Federationist, & a weekly paper, The AFL CIO News, & pamphlets & organizing information | |||||
In the legislative field, the AFL CIO works for enactment of desired legislation on the national & state levels | |||||
Immediately after the merger, the AFL CIO created a single political arm: The Committee on Political Education ( COPE ) | |||||
The AFL CIO re entered politics w/ $$ & person power in close alliance w/ the Democratic Party | |||||
In civic affairs, it promotes the activity of union members in such community projects as campaigns for voter registration, better schools, more hospitals, elimination of slums, & aid in combating juvenile delinquency | |||||
Internal Maintenance of the AFL - CIO: | |||||
The AFL CIO has a direct relationship w/ almost 800 state & local central bodies | |||||
These bodies reflect the composition of the parent AFL CIO and the particular industrial mix of their geographic areas | |||||
The state & local centrals are directly responsible to the AFL CIO, not to the internationals | |||||
The AFL CIO tries to resolve certain types of disputes among its member unions | |||||
The AFL CIO developed rules for unions to submit interunion disputes for mediation & adjudication | |||||
When they merged, the power of the AFL CIO did expand to include the authority to expel unions for corruption or domination by Communist, Fascists, or other totalitarian forces |
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The AFL CIO developed an Ethical Practices Code | |||||
The AFL CIO adopted a vigorous anti discrimination vow | |||||
The AFL CIO developed rules to avoid dominance by non democratic ideologies in any union | |||||
Policies of the AFL CIO: | |||||
Meany became the new President of the AFL CIO & re endorsed Gompers concept of "more" as it applied to the standard & quality of living | |||||
Meany reiterated the business unionism approach | |||||
Meany was unwilling to involve Labor in mgt & thereby forestalled in move toward employee participation, workplace democracy, etc. |
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The eras of anti communism, McCarthyism, & right wing attacks set the stage for, beginning in 1957, Senate hearings on TV of labor officials accused of corruption & / or communist sympathy | |||||
The Senate Hearings by the Select Committee on Improper Activities in the Labor or Management Field of 1957 were chaired by John McClellan & looked at both mgt. & Labor problems | |||||
Many Labor leaders took the 5th Amendment at the Senate Hearings |
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The Teamsters took the lion's share of the spotlight | |||||
Other unions, including the Bakery & Confectionery Workers, Operating Engineers, Carpenters, & United Textile Workers were also involved in corruption |
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Management contributed to corruption by providing payoffs for sweetheart contracts that prevented other unions from organizing while paying substandard rates |
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The publicity w/ the Labor Hearings cast a pall over the entire Labor Movement |
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By inference, all Labor was corrupt |
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The Senate Select Committee on Improper Activities in the Labor Mgt Field (SSCIALMF) convened in 1957 | |||||
Notable members of the SSCIALMF included Senators John McClellan of AR, JFK & Barry Goldwater | |||||
The SSCIALMF uncovered corruption & demanded reform | |||||
Teamsters under Hoffa, were shown to be especially corrupt | |||||
The AFL CIO insisted on changes in internal operation to address the problems of corruption | |||||
Teamsters, Bakers, Laundry Workers did not accept this "interference w/ internal affairs" and were expelled in 1957 | |||||
All of this exposure of corruption led Teamsters to support Republican Presidential candidates | |||||
Note: corruption rarely occurred at the local level; most was at the higher levels | |||||
The work of the Senate Select Committee lead to the Landrum Griffin Act | |||||
The congressional investigations led to legislation to reduce the likelihood of corrupt practices in unions & to amend the Taft Hartley Act in the Form of the Landrum Griffin Act of 1959 | |||||
One of the urgent tasks facing the AFL CIO was the elimination of corrupt elements from the Labor Movement | |||||
The AFL CIO investigated internally & considered charges against the Allied Industrial Workers, Bakers, Distillers, Laundry Workers, Textile Workers, & Teamsters |
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An effort was made in the creation of an Ethical Practices Committee, which carried out the investigations | |||||
The Textile Workers, Distillers, & the Allied Industrial Workers agreed to changes |
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The Bakers, Laundry Workers, & Teamsters were expelled |
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Between the union leaders expelled or killed before the Wagner Act, the patriotic hysteria of WW 1 & 2, McCarthyism, & now this anti corruption campaign, Labor has lost many of its best & brightest |
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- Project: The Teamsters Strategy & Corruption |
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- Video: Jimmy Hoffa: The Man Behind the Mystery A & E Biography 50 min 1993 |
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- Teamsters Website: http://www.teamster.org/ |
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The Teamsters were chartered by the AFL in 1899 as the Team Drivers' Union |
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The groups split into two unions, which reunited at Niagra Fall, NY, in 1903, the official date of the founding of the Teamsters Union |
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The union grew rapidly under presidents David Beck & James Hoffa in the 1950s & 1960s |
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The Teamsters are the largest labor union in the US w/ 1.66 mm members | |||||
The Teamsters are organized into 800 locals | |||||
THE TEAMSTERS ARE RENOWNED FOR THEIR AGGRESSIVE ORGANIZING STRAT: A. ORGANIZE MANY TRADES & IND; B. AGGRESSIVE FOCUS ON RAISING WAGES; C. ESTB AFFILIATIONS W/ OTHER CONSTITUENCIES | |||||
a. The Teamsters organize the many trades & industries,
including:
- truck drivers - garage & service station workers - dairy workers - food processing workers - brewery workers - people who work w/ autos - chauffeurs - soft drink workers - industrial workers - airline workers - warehouse workers - public service employees - auto salespeople - & more |
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b. The Teamsters generally go w/ their strength of raising wages, knowing this only satisfies workers for a while | |||||
c. The membership drives can be based on "revolving door:" or peripheral affiliations outside of the core constituencies | |||||
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THE POSITIVES & NEGATIVES TO THE TEAMSTERS AGG ORG STRAT ARE ( + ) RAISING WAGES; FULL SERVICES; & ( - ) NOT RESPONSIVE TO WKRS; WKRS EXPECT INCREASING WAGES & THEN IMPROVEMENT ON OTHER ISSUES; DECERTIFICATION DRIVES |
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1. The aggressive organizing strategy is positive for workers because Teamsters are good at raising wages |
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2. The Teamsters' membership drives can be based on full services: meeting all needs | |||||
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3. The aggressive organizing strategy is negative for workers because they are not responsive to worker input |
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4. Wkrs get used to higher wages; then want to move on to other issues but the Teamsters are not responsive, so they decertify them |
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5. Teamster unions are often the subject of decertification drives |
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CORRUPTION IN THE TEAMSTERS HAD DELEGITIMIZED THEM TO THE WIDER PUBLIC |
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The ultimate effect of the Teamsters' corruption, of corruption of unions in general, is to discredit the Labor Mvmt, thus justifying the corporate position of anti unionism | |||||
The Teamsters were expelled from the AFL CIO in 1957 due to corruption & was reaffiliated in 1987 after they had reformed |
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See Also: Corruption in the Labor Movement | |||||
The Teamsters are well known for its alleged corruption & its leadership by the Hoffas | |||||
Under examination by the Senate Select Committee on Improper Activities in the Labor or Management Field of 1957, the Teamsters took the lion's share of the accusations | |||||
The Senate Select Committee was chaired by John McClellan of AR, w/ other significant members such as JFK & Barry Goldwater | |||||
JFK & Bobby Kennedy continued to lock horns w/ the Teamsters, & rumors have circulated that there may be some connection to JFK's assassination | |||||
There were FIVE types of corruption engaged in by the Teamsters:
a. reprisal violence b. financial manipulation c. repression of members' democratic rights d. racketeering e. sweetheart contracts: substandard benefits |
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Dave Beck had converted union funds to his own use, borrowed money from employers, & received kickbacks from labor "consultants" | |||||
Jimmy Hoffa was accused of breaking Teamster strikes & covertly running his own trucking operation | |||||
"Sweetheart" contracts w/ substandard benefits & guaranteeing labor peace were uncovered in the NY area Teamster locals operated by racketeers | |||||
All this has led Teamsters to support Republican Presidential candidates | |||||
In 1989, the Teamsters & the Dept. of Justice reached an out of court settlement of a federal racketeering lawsuit that was filed against the union |
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Some Teamster official had long been suspected of being tied to organized crime |
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The agreement changed election procedures to enable union members to vote directly for top union officials |
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Previously, these officers were elected by delegates to the union's international convention |
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The agreement also called for creation of a three member board to oversee union activities |
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One member would be appointed by the US Attorney General, one by the Teamsters, & another by mutual consent of both |
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In 1998, even after the govt oversight the Teamsters were found guilty of financial malfeasance |
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Teamsters President Ron Carey was seen as the clean-up man of the Teamsters after its govt oversight | |||||
Carey was found guilty of laundering in his re-election $$ in 1997 (under appeal) |
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Carey was barred from holding office | |||||
In 1993-95, the Teamsters were found guilty under fed law of 104 cases of embezzlement |
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Jimmy Hoffa, Jr. is now President |
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The Landrum Griffin Act, (LGA) aka the Labor Management Reporting & Disclosure Act of 1959 resulted from Congressional hearings into corruption in labor mgt relations. The LGA Senate Hearings by the Select Committee on Improper Activities in the Labor or Management Field of 1957 were chaired by John McClellan of AR & other significant members such as JFK & Barry Goldwater |
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See Also: Labor Corruption | |||||
The LGA gave the govt greater control over union affairs by providing for federal supervision of union elections & financial accounts |
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Individuals who had been in prison could not run for union office until five years after their release |
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At the insistence of Senator JFK of MA, the act also included a Bill of Rights for union members | |||||
It guaranteed freedom of speech, control over union dues, & other rights | |||||
Provisions of the Landrum Griffin Act: | |||||
The Bill of Rights for union members has SEVEN provisions. Each union member has: |
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1. the right to attend meetings |
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2. freedom of speech |
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3. equal voting rights |
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4. control of dues increases |
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5. the right to copies of labor agreements |
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6. the right to sue their union |
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7. a hearing before any punishment is instituted by the union |
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Other provisions to limit corruption include |
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1. that unions had to publicly file the constitution, by laws, & financial reports |
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2. the regulation union elections |
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3. that felons are barred from holding office |
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4. penalties for employers for bribing unions |
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5. the embezzlement of union funds became a federal offense |
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6. the forbidding of secondary boycotts | |||||
7. the forbidding of "hot cargo" clauses in union agreements | |||||
8. the establishment of procedures for international union levels to put the local in trusteeship | |||||
9. the disclosure of outside consultants (un enforced) |
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EO 10988 1962 President JFK |
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EO 10988, 1962, by President JFK, held that: | |||||
- unions may bargain w/ govt agencies |
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- Labor is allowed to organize public sector employees | |||||
- collective bargaining issues may include terms & conditions of employment, but NOT wages |
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- govt unions could not represent workers who advocated strikes or rights to strike |
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- grievance procedures may be established, but the final determination lies w/ the govt |
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EO 10988 was codified into the Amended Taft Hartley Act in 1974 | |||||
EO 11491 1970 President Nixon |
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Modified EO 10988 |
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EO 11491, 1970, by President Nixon, held that: | |||||
- the secret ballot for union recognition must be used |
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- unions must be in compliance w/ the Landrum Griffin Act | |||||
- arbitration as final settlement for grievance may utilized |
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- unfair labor practices shall be delineated |
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- an Impasse Panel is authorized to issue decisions when a contract cannot be agreed upon |
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- the no strike clause may be relaxed on a case by case basis |
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- the Federal Labor Relations Council shall review & comment on the status of labor relations in the federal sector |
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EO 11616 President Nixon 1971 |
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EO 11616, 1971, by President Nixon, held that: | |||||
- professional workers in govt agencies shall have the option to join a bargaining unit |
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- there shall be a choice of grievance resolution procedures |
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EO 11838 President Nixon 1974 | |||||
EO 11838, 1974, by President Nixon, held that bargaining units shall be consolidated | |||||
EO 11838, 1974, by President Nixon, held that other Labor related 'housekeeping chores' shall be institutionalized |
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- Project: Compare the Labor Mvmt of WW 2 w/ the Labor of the Post Industrial Age |
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During the Post Industrial Age (PIA), public employees unions came to the forefront | |||||
The Post Industrial Age is characterized by THREE major trends, including | |||||
a. the shift of the econ to services & high tech & the concomitant decline of heavy industry | |||||
b. Reaganism created govt deregulation & the growth of an anti Labor Mvmt climate | |||||
c. the decline & retrenchment of the Labor Mvmt | |||||
President Kennedy's Executive Order 10988 in the early 1960s & its codification in the Amended Taft Hartley Act of 1974 encouraged the rapid growth of unionism among public employees | |||||
In 1970 & following, strikes by police, teachers, & other govt workers affected many cities & states | |||||
The American Federation of State, County & Municipal Employees (AFSCME) a union of public workers, became the fastest growing US labor group | |||||
In the 1980s, collective bargaining: |
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- covered 150,000 labor contracts for over 18 mm workers |
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- covered half of the wkrs w/ only 2000 contracts |
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- resulted in give backs, down sizing, etc., as a result of deindustrialization, but this resulted in is less of a split btwn the core & the periphery |
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As had begun in 1980 w/ the election of Reagan, the political climate continued to shift to the right (conservatives gained power; liberals lost power) | |||||
In the 90s public sector & professional unions: |
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- resulted in almost 2/3s of the public sector being unionized |
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- such as academics & doctors, are becoming more unionized |
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- retained the exemption of farm workers from much labor & safety legislation, resulting in a low rate of unionization |
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The Racketeer Influenced & Corrupt Organizations Act (RICO) was passed in 1970 |
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RICO was focused on organized crime |
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Penalties for corrupt gain are triple the damage |
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Some businesses: |
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- are more susceptible to org crime because of the complexity & monopolization of power |
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- have a longer history of organized crime, e.g. transportation & construction |
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But RICO was also applied to some union activities |
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The Wagner Act of 1935 established the right to organize |
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The Taft Hartley Act of 1947 extended & amended the Wagner Act |
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The Landrum Griffin Act of 1959 rescinded some of Labor's power, estb a labor relations bill of rights for workers & businesses |
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The Amended Taft Hartley Act of 1974 (ATHA) extends many of the rights & obligations of the earlier labor laws to private, non profit healthcare workers, & modified some features of these laws |
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The Amended Taft Hartley Act gives public workers similar rights to private workers |
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The ATHA codified (made into law) an EO, e.g. EO 10988 | |||||
The ATHA defines who is & is not an employer, employee, & supervisor thus defining who can organize whom |
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See Also: Organizational Actors | |||||
Employer |
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Under the ATHA, the employer: | |||||
- must have 2 or more employees |
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- can be fed, state, & local govts (except the PO which is covered under a separate law) |
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- must allow union representatives to function in their official capacity |
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- may be primary agriculture |
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- may have small gross receipts |
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- may be exclusive exporters |
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- may be primarily employing domestic wkrs | |||||
Employees |
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Under the ATHA, the employees: | |||||
- include the workers in the firm, but also those other wkrs affected by a strike |
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- include striking workers |
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- include those who struck & were discharged by unfair labor practices |
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- do NOT include workers who accepts a job elsewhere |
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- do NOT include a child being groomed for mgt. | |||||
- do NOT include workers of employers not covered (see above) | |||||
Supervisor | |||||
Under the ATHA, a supervisor is one who possesses
authority to change someone else's job, e.g.:
- hiring - adjust grievance - firing - change pay - promoting - assign tasks - demoting - impose discipline - transferring |
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Professional Employee | |||||
Under the ATHA, a prof employee: | |||||
- does intellectual, abstract wk | |||||
- has performance criteria which cannot be measured in standardized fashion | |||||
- has skills learned through prolonged, specialized instruction | |||||
- may be organized, but cannot be included in a nonprofessional unit w/o the majority vote of professionals | |||||
- includes those who work in non profit hospitals | |||||
- includes such profs as physicians, attorneys, CPAs, engineers, & certain other employees | |||||
The ATHA also included additional rules for the health care sector | |||||
Unfair Labor Practices are defined under the Amended Taft Hartley Act | |||||
It is ironic that when many laws take up volumes, Section 7, the heart of these acts, is one sentence: | |||||
Employees shall have the right to self organization,
to form, join, or assist labor organizations, to bargain 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.
Section 7, Wagner Act
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Provisions: Section 7 Employer Unfair Labor Practices | |||||
Employer may not: | |||||
- deal w/ either of two unions vying for power | |||||
- create a company union | |||||
- form group of workers to set wages, hours, terms & conditions | |||||
- penalize or discriminate against workers for charging employer w/ unfair labor practice | |||||
Employer MAY require union membership as condition of employment | |||||
Section 7 Union Unfair Labor Practices | |||||
Unions may not: | |||||
- require employer to punish worker for anything but failure to pay dues | |||||
- force self employed worker to join union | |||||
- force employer to bargain w/ uncertified union | |||||
- force employer to cease bargaining w/ cert. union | |||||
- force employer to assign wk to union | |||||
- require excessive fees | |||||
- force employer to pay for services not rendered | |||||
- picket to force recognition if | |||||
a. group has not been certified | |||||
b. either no union election has taken place w/in 12 mo or picketers request election w/in 30 days, bu | |||||
c. union may picket to advise public that employer is not unionized, but may not interfere w/ operations | |||||
Other Provisions of the Amended Taft Hartley Act: | |||||
Right to express views in any form | |||||
Hot cargo: no right to refuse to handle/use products of certain employers-- except for construction union | |||||
Construction workers can organize w/o majority status (many construction jobs are short run) | |||||
Must notify FMCS if picketing health care facilities | |||||
Representation Elections S 9(b) | |||||
All workers regardless of union membership are represented | |||||
The NLRB determines which group of employees is to be represented, but cannot: | |||||
a. include professional & nonprofessional in same unit unless majority of professionals agree | |||||
b. deny representation to a craft. Crafts may form own unit; NLRB interpreted this broadly so that crafts often are included in larger unit | |||||
c. include plant guards in unit w/ other workers | |||||
d. Supervisors & mgrs. may not be included in unit | |||||
National Emergency Disputes | |||||
This is a provision of the original Landrum Griffin act | |||||
President believes strike imperils national interest | |||||
Appoints board of inquiry to investigate | |||||
If board concurs, Attorney General directed to ask district Ct. to enjoin strike or lockout | |||||
If Court agrees, it issues injunction | |||||
Board monitors negotiation for 60 days | |||||
Next 15 days NLRB holds election to see if workers accept offer | |||||
5 more days to certify results | |||||
If no settlement President forwards info to Congress for action/inaction |
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Common or juridical law: is law made by the decisions of courts, usually Fed District Cts or the Sup Ct; also includes unwritten law based on usage & custom as distinct from statute law | ||||
Statutory law is law established. by legislatures | ||||
Laws are made by fed, state, & local legislatures & by many courts | ||||
Civil law pertains to the private rights of individuals & to legal rights in the ordinary affairs of life | ||||
Rules are the "law" established by govt agencies as they implement common, statutory law, or executive orders | ||||
Executive Orders are "rules" written by the President which have the force of law in telling govt agencies how to operate | ||||
Examples of rules include
- the NLRB rules on elections - the EPA's rules on emissions - the school board's rules on the dress code |
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Criminal Law is law that govt will help an individual prosecute; it will be their advocate as typically embodied in the county, state, or fed prosecutor | ||||
In most cases, the govt will not help an individual prosecute civil laws, but the govt will prosecute criminal law for an individual |
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Examples of govtl involvement in law can be seen in that a prosecutor will prosecute someone who robs another, but if a person tricks an individual out of their money, the aggrieved person must sue | ||||
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The Sherman Anti Trust Act was designed to bust the trusts, but was used against Labor | |||
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The Clayton Anti Trust Act revised the Sherman Anti Trust Act by removing the provisions that prevent Labor Organization & by adding more teeth to its anti trust aspects | |||
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The Railway Labor Act estbed an early mediation board to resolve labor mgt conflict; involved the govt in the transportation sector; estbed emergency boards to impose solutions, all of which were labor mgt relations innovations which were embodied on other laws in other sectors | |||
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The Norris LaGuardia Act, along w/ the Wagner Acts, set most rules for representation & bargaining rules & formed the NLRB | |||
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The National Industrial Recovery Act (NIRA) presaged imp sections of the Wagner act in that it guaranteed the right to form a union, it assisted mgt & labor in resolving conflict, etc. | |||
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The Copeland Anti Kickback Act prohibits kickbacks as required part of continued employment | |||
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The Wagner Act, along w/ the Norris LaGuardia Act, set most rules for representation & bargaining rules & formed the NLRB | |||
|
Labor Court Cases: In NLRB v Laughlin Steel, the Wagner Act was upheld because Roosevelt packed the Supreme Ct | |||
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The Brynes Act made it illegal to recruit & / or transport people across state lines to interfere w/ picketing, organizing, etc. | |||
|
The Smith Connally Anti Strike Act, aka the War Labor Dispute Act minimized the impact of labor mgt conflict during WW 2 | |||
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The Taft Hartley Act (Truman) estbed unfair labor practices by unions | |||
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The Landrum Griffin Act (Eisenhower) estbed a labor union member bill of rights | |||
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Executive Order 10988 (JFK) allows public sector workers to join unions | |||
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RICO was passed to fight organized crime & was also used to fight corruption in unions | |||
|
The Amended Wagner & Taft Hartley Acts (Nixon) wrote EO 10988 into law, estbing organizing rights for public employees | |||
|
The Civil Service Reform Act codified (made into law) EOs 10988, 11491, 11616, 11838 which estbed the Federal Labor Relations Authority, the equivalent of the NLRB, & estbed the requirements & mechanisms for impasses of contracts & grievances | |||
Failed labor law in the 70s | ||||
The Common Situs Picketing Bill would have permitted unions to picket any site involved in a labor dispute | ||||
If the Common Situs Picketing Bill has passed, a a single union could've shut down a site, but it was vetoed by President Ford in 1976 | ||||
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A bill authorizing punitive damages for employer violation of labor contract died in the Senate | |||
|
Alternative Dispute Resolution & Rulemaking Act helps the FMCS offer alternative dispute resolution | |||
Labor Law Reform | ||||
The NLRB under Reagan & Bush had Labor leaders saying they would be better off w/o the NLRB! | ||||
Clinton has been more favorable to Labor than most recent Presidents w/ the exception of his support for NAFTA | ||||
Clinton recommended penalties for businesses who stall during organizing elections | ||||
The 1994 Republican Landslide, lead by Newt Gingrich, dashed hopes for labor law reform | ||||
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Work teams, QCs, etc. | |||
In the court case, Electromation Inc. 309 NLRB No. 163 (1992) held that such practices as QCs, etc. violated the Wagner Act | ||||
Mgt & labor stay w/in the bounds of the Electromation decision by limiting the scope of employee involvement programs | ||||
The "Team Act" was vetoed by Clinton in 1996 to applause of Labor because it would have changed OT rules, allowing the owner schedule wkrs to work 4 10 hr days w/o your permission, with no OT | ||||
Currently Labor & Mgt. advocates want reform to allow work teams-- esp to Wagner Act Section 8(a)2 | ||||
|
NAFTA | |||
- often include min labor standards that usually are not met by 3rd world countries, most treaties have few enforcement measures | ||||
- was vehemently opposed by Labor | ||||
- was supported by Clinton & Republicans (except Buchanan) | ||||
- was opposed by Labor because they feared losing jobs to Mexico | ||||
- supporters claimed it would be made up by more trade | ||||
A debate rages today on what has happened as the result of NAFTA | ||||
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Bush, Jr. Administration 2000 - 2008 | |||
During first week in office, the President issued an Executive Order limiting the use of unions dues for political purposes | ||||
Bush policies of the largest debt growth in history, & unprecedented dereg & lack of oversight of the financial sector results in the Bush Depression of 2007-2010 | ||||
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Obama Administration 2008 - | |||
During his first 2 yrs in office, Obama passes a universal healthcare program & attempts to pull the econ out of the Bush recession of 2007-2010 | ||||
After midterm elections of 2010, Tea Party members in the House obstruct legislation of both Dems & Reps, creating the infamous "Do Nothing Congress" of this century | ||||
The Tea Party obstructs even routine procedures such as passing a budget, but also such govt housekeeping such as appointing members to the NLRB & the financial watchdog agency |
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All govt regulatory agencies are created by laws |
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Most govt regulatory agencies are under the control of the executive branch of govt which is headed by the President |
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A few govt regulatory agencies are under the control of the Legislative Branch of govt, i.e. the Congress | |||||
Some agencies are called "independent agencies" because they are less directly controlled by their estbing body in that members may have tenure, long terms, their decisions cannot be overturned, etc. | |||||
Courts have consistently interpreted laws to reinforce the prevailing market practices |
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Regulatory agencies, the law & the courts are traditionally retrospective in nature: they are backward looking, & try to maintain the status quo & are reluctant to stake out new positions |
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"Activist judges," in the courts & in regulatory agencies, are looked upon w/ suspicion | |||||
Activism by a judge, regulatory agency bureaucrat, etc., is often a political interpretation & is in the eye of the beholder | |||||
While the Supreme Court upheld the Wagner Act, it granted any rights not allocated to the bargaining process as the exclusive right of mgt |
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Thus the relationship btwn mgt. & Labor parallels the relationship btwn State & Fed govt, i.e. states' rights issues |
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The importance of the context of Labor Mgt conflict is seen in that where the difference btwn union & non union wages is the greatest, owners are most likely to engage in unfair labor practices |
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Both parties have more at stake than when wages are relatively equal |
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Complaints to the Dept. of Labor ( DOL ) & the NLRB & other regulatory agencies vary w/ economic & political factors |
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Hard economic times means more complaints because businesses squeeze the workers more |
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The political climate can be seen in the make-up of the NLRB & other regulatory agencies that affect Labor |
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The Dept. of Labor ( DOL ) was founded in 1913 when the nation was in the midst of Labor turmoil |
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The DOL's mission is to prepare the workforce for better jobs |
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The DOL is an executive department of the fed govt that works to promote the welfare of wage earners | |||||
The DOL implements over 180 fed laws which regulate 10 mm employers, & over 100 mm wkrs who are both organized & unorganized labor | |||||
The DOL has 18 Offices in 33 Regions |
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The DOL seeks to improve the econ position of wkrs in the US, to better their working conditions, & to advance their opportunities for employment | |||||
The secretary of labor, a member of the president's Cabinet, heads the DOL | |||||
The president appoints the DOL secretary subject to the approval of the US Senate | |||||
Adjudicatory Agencies |
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The Occupational Safety & Health Admin (OSHA) develops & enforces job safety & health standards for most US industries |
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Employment & Training Admin |
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- helps people find jobs | |||||
- also gives local governments funds to establish and maintain their own job training programs for disadvantaged and unemployed people | |||||
- it develops apprenticeship standards for the training of skilled workers | |||||
Bureau of Labor Statistics (BLS) collects, analyzes, & publishes information on employment & unemployment, wages & industrial relations, occupational safety and health, & productivity & tech | |||||
The BLS prepares the Consumer Price Index (CPI), the most widely used measurement of price trends in the US | |||||
Office of Small Business Programs | |||||
Mine Safety & Health Admin |
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Pension & Welfare Benefits Admin |
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Vet's Employment & Training Admin |
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Labor Mgt Standards Admin |
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Employment Standards Admin |
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Women's Bureau |
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Bureau of International Labor Affairs |
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Office of Congressional & Intergovt. Affairs |
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Office of Admin & Mgt. & CIO |
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Office of Policy | |||||
CFO | |||||
Office of the Solicitor | |||||
Office of Inspector General | |||||
Office of Public Affairs | |||||
Functions | |||||
The DOL administers fed laws on minimum wages, overtime, child labor, & migrant workers & determines wage rates for work done under govt contracts | |||||
The DOL administers fed laws on workers' compensation programs & enforces legal standards for the funding & operation of private pension & welfare plans | |||||
The DOL also oversees the nation's unemployment insurance programs | |||||
The department works to reduce unemployment by providing job training for disadvantaged young men & women | |||||
The Labor Department enforces federal regulations that require businesses doing work for the U.S. government to maintain nondiscriminatory hiring and employment practices | |||||
These regulations are designed to guarantee equal employment opportunity to ethnic minor-ities, women, disabled people, and veterans | |||||
The DOL administers laws that require the fair election of labor leaders & the publication of accurate union financial reports | |||||
In addition, it promotes cooperation between labor unions & employers | |||||
Another important Labor Department function is that of serving as the US govt's chief fact finding agency in the field of labor econ | |||||
History | |||||
In 1884, Congress established a Bureau of Labor in the Dept of the Interior | |||||
In 1888, Congress gave the bureau independent status as the Dept of Labor | |||||
In 1903, Congress established the new Dept of Commerce and Labor and made the DOL a bureau in it | |||||
In 1913, President Woodrow Wilson signed a law creating an independent Department of Labor | |||||
The office of secretary of labor became the first Cabinet level office to be occupied by a woman when Frances Perkins was appointed to the post in 1933 |
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- Project: Mediation |
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The mission of the Federal Mediation & Conciliation Service ( FMCS ) is to help parties resolve labor disputes | |||||
The FMCS was established by the Taft Hartley Act of 1947 | |||||
The FMCS is an independent agency of the US govt | |||||
The FMCS may mediate via invitation... or invite itself |
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Mediators assist, but have no power to impose a settlement |
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A 1978 FMCS Act aids local labor mgt cooperation programs via grants & tech assistance |
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The Alternative Dispute Resolution & Rulemaking Act of 1990 helps the FMCS offer preventative mediation & alt dispute resolution |
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The FMCS also assists mediator training around the world |
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The FMCS maintains a list of arbitrators |
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It helps prevent or settle disputes between labor unions & mgt that affect interstate commerce | |||||
Another govt agency, the National Mediation Board, handles such disputes in the airline & railroad industries | |||||
Mediation involves helping opposing sides in a dispute resolve their differences | |||||
The law requires either mgt or a union to give 60 day notice of any intention to end or change a labor contract | |||||
If the employer & union do not reach an agreement w/in 30 days after such notice, they must notify the FMCS | |||||
If the employer & union do not reach an agreement w/in 30 days, the FMCS then may offer its services to assist the parties | |||||
The FMCS is not a law enforcement or regulatory agency; it depends on persuasion | |||||
The FMCS has about 200 mediators in 77 offices in principal industrial areas | |||||
The agency also maintains a roster of qualified private citizens who arbitrate (judge) labor contract disputes |
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The mission of the National Mediation Board ( NMB ) is to mediate contract disputes btwn mgt & labor in the transportation industry |
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The NMB was established by the Railroad Labor Act (RLA) of 1926 | |||||
The RLA, enacted in 1926, governs labor management relations in the railroad & airline industries | |||||
The National Mediation Board is a US govt agency that administers the Railway Labor Act | |||||
The NMB certifies representatives of workers for bargaining |
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Grievances are mediated by the National Railroad Adjustment Board ( NRAB ) |
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The NMB notifies the President if dispute may threaten the transportation system & thus the national interest |
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Then the President may order a cooling off period |
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The board's two main functions are to: | |||||
a. ensure the right of employees to organize into free & independent labor organizations | |||||
b. help settle disputes over wages, rules, & working conditions | |||||
In a dispute, either side may ask the board to mediate by suggesting solutions | |||||
The board may also enter the dispute without invitation | |||||
If mediation fails, the board asks the two sides to accept voluntary arbitration | |||||
If the parties agree, the board appoints a referee, whose decision is binding | |||||
If the parties refuse to arbitrate, the board formally notifies them that it has not been able to settle the dispute | |||||
A 30 day cooling off period then follows while the board tries to settle the dispute | |||||
If an agreement is not reached by the end of this period, the parties are free to act on their own | |||||
As a last resort, the president of the United States may establish an emergency board to help end the dispute | |||||
Congress created the board in 1934 | |||||
It has three members, who are appointed by the president subject to the approval of the Senate |
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