A Brief History of Labor Law

ou might ask yourself where this all started. Without going into a lot of detail, there is a long history with the labor movement in the United States. In 1935, Congress enacted the Wagner Act. The act gave employees the right to organize and join labor unions. It also allowed them to bargain, as a collective, with representatives, and to strike if they felt their work conditions were unfair. Additionally, the act enacted the National Labor Relations Board (NLRB), a three member board appointed by the President. In short, the Wagner Act gave employees the power to unionize and prohibited employers from specific actions.

In 1947 Congress modified the Wagner Act with the Labor Management Relations Act, commonly known as the Taft-Hartley Act. The Taft-Hartley Act kept the important features of the Wagner Act, but added provisions some felt were anti-union. These provisions allowed the President to appoint a board to investigate any labor disputes which may endanger the countries health or safety. Based on the results of the investigation, the Act allowed the President to ask the Attorney General to seek an injunction to prevent the strike from happening or prevent it from continuing. In addition the Act prevented certain labor union actions. Some included:

•  Secondary Boycotts. This was used to get employees of another company to strike so their employer would stop doing business with the company whose workers were on strike. 
•  Sympathy Strikes/Boycotts. These strikes were an attempt to influence another employer, not the union’s employer, to bargain with an unrecognized union. 
•  Jurisdictional Strikes/Boycotts. These strikes were attempts to force unions to give work to one union over another. 
• Since Congress enacted the Taft-Hartley Act in 1947, there have been six critical amendments which are in play today. These include: 
•  Continued protection for employees under section 7 of the Wagner Act, giving employees the right to form unions and collectively bargain with their employers. Additionally, this amendment protects employees from unfair coercion by unions when forming a union. 
•  An employer cannot refuse to hire prospective employees because they won't join a union. However, an employer has the right to sign an agreement with a union that requires an employee to join the union on or before the employee's 30th day of employment. 
•  Unions have a requirement to bargain in good faith with employers, where the Wagner Act required employers to bargain in good faith with their employees. 
•  Unions are prohibited from secondary boycotts. If a union has a dispute with their employer, they cannot, under the law, coerce or urge another entity to stop doing business with their employer. 
•  Unions shall not charge their employees or take advantage of the employer by charging their members excessive initiation fees or membership dues. Additionally, unions will not cause employers to pay for work that its members did not perform. 
•  Employers have the right to express their views and opinions about labor issues, and these views do not constitute unfair labor practices provided the employer is not threatening to withhold benefits or engage in other retribution against employees.