Labor Law
HRMD 620
2HistoryofLaborLaw
Agenda
Historical overview of labor laws
Understand the effects of the legal system on unionization
Understand the major provisions of US labor laws
Understand the differences and similarities between US private and public sector law
Assignments
This week’s reading contained a lot of information! This material, however, is vital to your understanding of how we got to our current state of labor laws. Watch out for our close friends – efficiency, equity and voice – in this historical material.
Because there is so much information in Chapter 4, I’m going to “chunk” the information to make it easier for you to digest.
Following is a chart that summarizes the evolution of labor laws:
1790s to 1842
Common Law Conspiracy Theory
Unions as conspiracies
Dominance of injunctions issued without full hearings; heavy court presence
Injunctions applies to yellow dog contracts which the courts deemed enforceable
Mainstream economics foundation
1842 – 1932
Unions As Corporations
Danbury Hatters case (1842): union boycott violated Sherman Antitrust Act. Individual union members held liable for over $200K in damages.
Clayton Act passed giving unions the right to exist.
Prevailing view of unions as legal entities as long as there’s regulation
1932
Norris-LaGuardia Act passed
Great Depression legislation
Act sought to remove dominance of courts in labor relations; eliminated injunctions powers of federal courts. Known as “anti-injunction act.”
Yellow dog contracts unenforceable
Exempts labor unions from Sherman Antitrust Act
Ended common law era
Underlying policy: workers should be able to unionize to balance corporate power in order to improve wages and working conditions
Did not protect or promote union activity
1926-1935
Beginnings of National Policy
Railway Labor Act
1. Purpose was to
2HistoryofLaborLaw
Agenda
Historical overview of labor laws
Understand the effects of the legal system on unionization
Understand the major provisions of US labor laws
Understand the differences and similarities between US private and public sector law
Assignments
This week’s reading contained a lot of information! This material, however, is vital to your understanding of how we got to our current state of labor laws. Watch out for our close friends – efficiency, equity and voice – in this historical material.
Because there is so much information in Chapter 4, I’m going to “chunk” the information to make it easier for you to digest.
Following is a chart that summarizes the evolution of labor laws:
1790s to 1842
Common Law Conspiracy Theory
Unions as conspiracies
Dominance of injunctions issued without full hearings; heavy court presence
Injunctions applies to yellow dog contracts which the courts deemed enforceable
Mainstream economics foundation
1842 – 1932
Unions As Corporations
Danbury Hatters case (1842): union boycott violated Sherman Antitrust Act. Individual union members held liable for over $200K in damages.
Clayton Act passed giving unions the right to exist.
Prevailing view of unions as legal entities as long as there’s regulation
1932
Norris-LaGuardia Act passed
Great Depression legislation
Act sought to remove dominance of courts in labor relations; eliminated injunctions powers of federal courts. Known as “anti-injunction act.”
Yellow dog contracts unenforceable
Exempts labor unions from Sherman Antitrust Act
Ended common law era
Underlying policy: workers should be able to unionize to balance corporate power in order to improve wages and working conditions
Did not protect or promote union activity
1926-1935
Beginnings of National Policy
Railway Labor Act
1. Purpose was to