Attitude of Fed Gov

• The National War Labour Board was set up in 1918 by President Wilson to settle disputes between workers and employers, meaning the government recognised and negotiated with unions.
• Roosevelt passed the Railway Labour Act in 1934, meaning the BSCP could claim the right to represent the porters.
• Roosevelt passed the National Industry Recovery Act (NIRA) in 1933. It encouraged firms to agree to codes of practice dealing with better hours, wage rates and union rights. It also enshrined the right of workers to form unions and collectively bargain in law.
• The effects of the NIRA were limited as not all employers signed the code (e.g. Henry Ford) and the Supreme Court declared the Act unconstitutional, reversing gains.
• Wagner Act 1935:

  • established National Labour Relations Board (NLRB), which could negotiate on behalf of workers and prevent company unions
  • workers given right to elect own representatives and to collectively bargain
  • Act was declared constitutional
  • workers given right to join unions, whilst spies against unions were banned
• The Wagner Act, unlike any other legislation, recognised the role of unions, resulting in a rapid membership expansion of 3.7 million in 1933 to 9 million in 1938.
• The Fair Labour Standards Act of 1938 gave workers a minimum wage.
• Many people in politics believed the unions had become too powerful under FDR.
• The Taft-Hartley Act 1947 prevented closed shops where one union dominated and all workers had to belong to it, and regulated relationship between union and employers.
• Kennedy admin passed Equal Pay Act in 1963.
• 60s:

  • Equal Pay Act 1963
  • Civil Rights Act 1964
  • Economic Opportunity Act 1964
  • Age Discrimination Act 1968
• In the 80s and 90s, the NLRB was less willing to defend union rights, meaning employer interests took precedence over those of workers. Employers took advantage of this, resulting in a growth of non-unionised firms.
• For most of the period, the government adopted a laissez-faire policy.
• The Sherman Anti-Trust Act of 1890 attempted to restrict monopolies where large companies controlled trade.
• Pullman Strike 1894:

  • Cleveland sent 2000 federal troops to enforce an earlier injunction against the strike
  • troops fired at protestors, killing 4 people
• In the Gilded Age, the SC legalised the use of injunctions and issued the Omnibus Indictment Act prohibiting strikers and reps from trying to persuade others to strike.
• Injunctions were legal orders preventing and action from being carried out.
• The Omnibus Indictment Act remained in place until 1935, and meant when the indictment was read, if workers didn’t disperse the strike was declared illegal.
• Clayton Anti-Trust Act 1914 - limited use of injunctions and allowed peaceful picketing, provided protestors didn’t damage property.
• The NWLB was successful in preventing strikes, as leader of the AFL Samuel Gompers ordered his large number of workers not to strike.
• The government reestablished the National War Labour Board for WW2.
• Post-WW2, many in Congress, particularly republicans, sought to reduce communist influence. This weakened the CIO as they expelled communist led groups from the organisation, reducing membership.
• Lochnoer v. New York - SC rejected law limiting number of hours a baker could work each day. Begin series of judgements that invalidated laws to regulate working conditions.
• Coppage v. Kansas 1915 - allowed yellow dog contracts.
• Leading up to WW2, the SC stated fed minimum wage legislation for women was an unconstitutional infringement if liberty of contract.
• Schechter v. US 1935 - SC found NIRA unconstitutional. Fed gov had no right to intervene in state matters.
• FDR’s New Deal legislation:

  • National Industry Recovery Act 1933
  • National Labour Relations, or Wagner Act, 1935
  • creation of National Labor Relations Board
  • Fair Labour Standards Act 1938
• The New Deal:

  • gave right to organise unions and collectively bargain
  • allowed closed shops
  • prevented companies from using blacklists or company unions
  • established a minimum wage
• 60s and 70s = only time government advanced position of workers outside time of national emergency.
• Kennedy and Johnson legislation:

  • Equal Pay Act 1963
  • CRA 1964
  • Economic Opportunity Act 1964
  • Age Discrimination Act 1968
• Nixon brought in 1970 Occupational Safety and Health Act - aimed to provide working environment free from hazards and insanitary conditions.
• Reagan‘s aims:

  • reduce union power
  • remove restrictive regulations that hindered US industry but often protected workers
  • privatise publicly owned businesses
• PATCO:

  • gov unwilling to allow air traffic controllers to be paid more for fewer hours
  • gov concerned that strike would impact economy
  • strike was in contravention of 1955 Act preventing gov workers from striking
• Reagan‘s response to PATCO:

  • announced workers’ contracts would end if didn’t return within 48 hours
  • those who didn’t strike were augmented by supervisors and military air-traffic controllers to keep air traffic moving and training programme speeded up
• Reagan made the appointments to the Labour Relations Board and ensured that members supported his views and therefore likely favoured employer.
• In 1943, FDR was given the power to take control of factories where strike action threatened the war effort.
• In the 70s, poor workers were concerned by Reagan’s welfare acts - meant no safety net for job less = less likely to take risky union action.
• 80s = increase in non-unionised businesses - technically illegal in most industries but NLRB especially failed to enforce regulations in 80s.
• Feb 1961 - Kennedy sent an economic Message to congress - included redevelopment of distressed areas = 420,000 new construction jobs and increased social security benefits which offered $800 million in unemployment benefits to nearly 3 million Americans.
• Kennedy’s Commission on the Status of Women promoted special training for young women for marriage and motherhood - mixed message with Equal Pay Act.