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