Employment Law

History of Labor Laws

Early American Law

Common Law Compilation of previous decisions and

principles that judges base decisions Early to mid 1800’s illegal for workers band

together to apply pressure on employers Constitution

Allows Congress to pass laws to regulate commerce

Employees banding together an impedance on free flow of commerce

Commonwealth v Hunt (1842)

Massachusetts Supreme Court Right to combine in pursuit of lawful goals,

utilizing lawful means Ended criminal conspiracy

Courts interpret picketing, threats of violence as unlawful means

Civil conspiracy

Sherman Anti-Trust Act (1890)

Curb concentration of power that interferes with trade and economic competition

The Act did not specifically address unions The Act was utilized against unions

Unions seen as illegal combinations that could interfere with commerce

Loewe v Lawlor (1908)a.k.a.Danbury Hatters Case

U.S. Supreme Court ruled that union was subject to the Sherman Anti-Trust Act Secondary boycott tactic illegal

Clayton Act (1914) Growing concern over control of money, power

Provided greater definition of illegal business practices Created the Federal Trade Commission to investigate

unfair competition practices “The labor of the human being is not a commodity or

article of commerce” believed to mean: Not subject to Sherman Anti Trust Act Intent to limit use of injunctions in labor disputes Provide legal basis for:

Strikes Boycotts Peaceful picketing

Subsequent court rulings contradict legal provision to limit injunctions, secondary boycotts

Railway Labor Act (1926)

Provided Railway workers right to form union Established mediation board Framework in place for resolving disputes

Norris-LaGuardia Act (1932)

Stock market crash of 1929 drives Congress to take steps to regulate economy

Need for reform recognized Act provides:

Unions have “full freedom of association” without interference from employers

Declares yellow-dog contracts unenforceable in Federal Court

Barred federal courts from issuing injunctions in certain labor related issues

A call for neutrality by the courts

Wagner Act (1935)a.k.a. National Labor Relations Act

Eliminates employer interference with employees attempting to unionize

Outlines unfair employer labor practices Clarifies right to form or join a union, bargain

collectively, right to concerted activity Establishes NLRB to:

Protect rights of workers; encourage bargaining Order elections whereby workers choose which

union the want to represent them Enforce employers must bargain

Taft-Hartley Act (1947)Renamed Labor Mgmt Relations Act

Guaranteed employees the right NOT to join a union

Closed shops unlawful Require union to give 60 days notice of strike Allowed for 80 day federal injunction to a strike

Threats to national health or safety Outlines unfair union practices Requires union officers to deny communist

affiliation under oath Restrictions on union political contributions

Landrum-Griffin Act (1959)a.k.a. Labor Management Reporting & Disclosure

Act Institutes federal penalties for union officials

who: Misuse union funds Are found guilty of crimes Prevented their members from exercising their

legal rights

OSH Act (1970)

Addresses health and safety for almost the entire work force

Organized labor strong advocate for Act Established the Occupational Health and

Safety Administration (OSHA)

“If this law isn’t fully and effectively implemented, we will scream bloody murder”

George Meaning, President AFL-CIO

WARN (1988)

Requires 60 day notice to employees impacted by major layoff or plant closing (100 employees)

Requires notice to union, local and state government officials 50 or more workers at one site within 30 day

period 33% of workforce laid off within 30 day period 500 or more employees within a 30 day period

Civil Service Reform Act (1978)

Establishes legislative action to guarantee bargaining rights to federal employees