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The Role of the Federal Government in Opposing and Supporting Union and…
The Role of the Federal Government in Opposing and Supporting Union and Labour Rights
The government only intervened at times of emergency, otherwise they adopted a
laissez-faire
approach. Allowed employers to exploit employees and deny them the ability to complain. Upheld capitalism and let
big business
flourish.
Sherman Anti-Trust Act 1890
Government intervened to restrict
monopolies
meaning companies couldn't control a trade entirely.
This went against usual policy, but the govt were concerned about companies controlling and stopping trade if they wished
The Pullman Strike 1894
Nationwide railroad strike when Pullman company
cut wages by 1/4
and made
1/3 of the workforce redundant
due to economic depression
Government supported Pullman company with an
injunction
which stopped any interference with the movement of mail.
President
Grover Cleveland
sent federal troops to break the strike, then the Supreme Court legalised injunctions which declared the strike illegal.
The
Omnibus Indictment Act
prevented strikers and workers trying to persuade others to strike
Supreme Court
Lochner v New York 1905
Did not uphold legislation to limit the number of hours a baker could work
Argued it would restrict the terms of employment and would go against the
14th Amendment
right to have free-choice
Coppage v Kansas 1915
Declared it legal for employers to make not joining a union a contract condition. This became known as
yellow dog contracts
Adkins v Children's Hospital 1923
Minimum wage legislation for women was an unconstitutional infringement of liberty of contract
National Industrial Recovery Act 1933
Regulated industry for fair wages and prices that would stimulate economic recovery
Deemed unconstitutional in 1935
Clayton Anti-trust Act, 1914. The First World War
Clayton Anti-Trust Act 1914
To maintain production during WW1, the government passed this act.
Limited the use of injunctions and allowed peaceful picketing.
Did not
stop employers
reducing wages
or
laying workers off
National War Labor Board (NWLB)
A board to negotiate with unions in hope it would keep industries working. This was more about maintaining production than supporting unions
Roosevelt and the New Deal
Roosevelt's
1933-45
presidency probably saw the most help for workers from an administration
To combat
high unemployment
, it brought in legislation to get workers back to work, stop industrial unrest and give workers the rights to organise unions and take part in
collective bargaining
Collective bargaining
allowed workers' representatives to join together and bargain for better conditions.
Allowed
closed shops
(an industry where only one union exists and all workers must belong to that unions). Prevented
blacklists
(a list of workers regarded as unacceptable) and established a minimum wage
Key Legislation
National Industrial Recovery Act 1933
Established National Recovery Administration. Aimed to bring about co-operation between workers and employers and agree on working practices. Workers had right to
organise unions
and take part in
collective bargaining
Wagner Act 1935
The National Labor Relations Act established legal rights of
most
workers (except agriculture and domestic) to organise and join unions
National Labor Relations Board 1935
Government agency responsible for dealing with
unfair
labour practices in
private sector
. Could not use
blacklists
and could re-instate unfairly dismissed workers
Fair Labor Standards Act 1939
Increased
minimum wage
The Second World War
To ensure wartime production stayed high, the National War Labor Board (NWLB) was re-introduced. Not because they sympathised with unions but because they wanted high production
The Post-War Period
Republican mid-term victory in 1946 witnessed a change in attitude towards trade unions. Many believed unions had gained too much
Union power was reduced by the
Taft-Harley Act 1947
. Prevented
closed shops
(one union dominated and all workers belonged to it)
Unions were viewed with suspicion during the
Second Red Scare
with many believing they were hotbeds of Communism
1960s and 70s
Probably the only time outside of national emergency and war where the government advanced the position of workers. Legislation was bought in as the part of the wider Civil Rights movement
Key-legislation
: Equal Pay Act 1963. Civil Rights Act 1964. Economic Opportunity Act 1964. Age Discrimination Act 1968