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History of Collective Bargaining in the United States

History of Collective Bargaining in the United States. First Strike: Philadelphia printers in 1786 New York printers in 1790 First unions: 1792: Federal Society of Journeymen Cordwainers, Philadelphia 1794 Journeymen printers, New York. Employer and Union Tactics.

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History of Collective Bargaining in the United States

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  1. History of Collective Bargaining in the United States First Strike: Philadelphia printers in 1786 New York printers in 1790 First unions: 1792: Federal Society of Journeymen Cordwainers, Philadelphia 1794 Journeymen printers, New York

  2. Employer and Union Tactics • Craft union approaches firm, asks for agreed pay. Strike employers who refuse. • Uncooperative workers ostracized, labeled rats, scabs • Early strikes successful • 1806: Philadelphia Cordwainers union broken by court injunction against strike • Srikes declared “criminal conspiracy to disrupt managerial prerogative to set wages” • Unions lose 4 of 6 similar cases in 1820s • Other constraints: Immigrants, slow growth, mechanization, local unions

  3. History (continued) • Commonwealth v. Hunt legalizes strikes • First national union: printers • National Labor Union Primarily political Lasts 6 years • Knights of Labor Emphasizes 3rd party actions Combination of craft, industrial unions Embarassed by strikes, but Wabash strike leads to rapid growth

  4. History (continued) Violence • Molly Maguires in mining, Pennsylvania and West Virginia • Haymarket Riot, Chicago: Strike for 8 hour day 1892 Homestead Steel, Pennsylvania: Lockout when workers refuse wage cuts • Pullman Strike, Illinois: strike over layoffs, wage cuts 1914 Ludlow, Colorado mines, lockout when union presses for recognition

  5. History (continued) Other constraints on unions • Sherman Anti-Trust Act • United Hatters of North America strike against Loewe and Company Yellow dog contracts Industrial spies Blacklisting Company unions Sweetheart deals

  6. A Tale of Two Unions • - American Federation of Labor (AFL) Samuel Gompers and business unionism crafts only instituted collective bargaining support capitalism audited books use of strikes supported by national resources

  7. A Tale of Two Unions (continued) 1905-1920 Industrial Workers of the World Big Bill Haywood and Revolutionary unionism Aim: overthrow capitalism, workers control capital Industrial unions (agriculture, mining, loggers) lax dues Embezzlement by organizers Great songs

  8. A Tale of Two Unions (continued) By 1920, IWW all but gone (1,000 members today) AFL had 280,000 members in 1898 1.5 million members by 1904 3 million members by 1920 13 million today

  9. 1926 Railway Labor Act 1936Airlines covered under RLA Include many of the features that were later added to the NLRA, Taft Hartley • Texas & New Orleans Railroad Co v. Brotherhood of Railway and Steamship Clerks Validate unions under the Commerce clause Congress shall have the power to regulate commerce…among the several states Congress can make collective action “an instrument of peace rather than strife.”

  10. 1931 Davis Bacon Act • Must pay prevailing local wage on federal projects • Prevailing wage defined as the wage that separates the lowest 70% from the top 30% • Several states followed suit • Des Moines Iowa Events Center • Most federal government projects employ union members

  11. 1932 Norris La Guardia Act • Invalidates use of Sherman Anti-Trust act in labor disputes • Declares “Yellow Dog” contracts unenforceable

  12. 1935 National Labor Relations ActWagner Act Ushered in the era of the most rapid union gains in U.S. history Between 1935-1947, Union density rises from 13% to 35% 1700 company unions disbanded 76,000 workers fired for union activity reinstated 5,070 bargaining units certified Other reasons?

  13. NLRA Features Coverage Exclude: federal, state employees agricultural workers domestic servants independent contractors supervisors Include: U.S. Postal Service Large private firms

  14. NLRA Features Section 7: Rights of employees Employees shall have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have theright to refrain from any or all such activity except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.

  15. NLRA Features Section 8: Unfair Labor Practice (ULP) for the employer 8(a)(1): to interfere with activities in Sect. 7 8(a)(2): to dominate or support a union 8(a)(3): to discriminate on the basis of union interest 8(a)(4): to punish worker(s) who file a ULP charge 8(a)(5): to refuse to bargain in good faith

  16. NLRA Features • NLRB v. Jones Laughlin Steel upholds NLRA 5-4 Under Commerce clause, Proper for Congress to prohibit employers from interfering with the rights of workers to organize and bargain collectively because of the catastrophic effects that strikes could have on interstate commerce.

  17. World War II and its immediate aftermath • Rapid union growth • Wage and price controls, no-strike pledges • UMW refuses, 2 strikes led by John L. Lewis • Pent-up wage demands • GM and Ford strike • Strikes in oil, lumber, textiles, electrical industry, steel, coal; railroad workers threaten to walk out Truman responds

  18. 1947 Taft Hartley Amendments Unfair labor practice for union 8(b)(1)(A): to coerce workers to join 8(b)(1)(B): to coerce employer regarding representation 8(b)(2): to coerce employer to punish employees 8(b)(3): to refuse to bargain in good faith 8(b)(4): to coerce “hot cargo” contracts to engage in secondary boycotts to compel firm to bargain when another union is already recognized to strike over a jurisdictional dispute

  19. 1947 Taft Hartley Amendments Unfair labor practice for union 8(b)(5): to charge excessive fees 8(b)(6): to coerce employer to pay for services not performed 8(b)(7): restrictions on representational and organizational pickets informative pickets are ok 14(b): to require workers join a union in a right-to-work state

  20. 1947 Taft Hartley Amendments Sect 202 Establishment of Federal Mediation and Conciliation Service (FMCS) Sect 206: Cooling off period in national emergencies

  21. 1959 Landrum-Griffin Act • Workers bill of rights • Democratic elections • Rules for trusteeships • Rules for financial reporting • Allows a form of closed shop for building trades

  22. Other laws • Title VII of the Civil Rights Act 1967 Age Discrimination in Employment Act 1990 Americans with Disabilities Act • Affirmative Action 1938 Fair Labor Standards Act • Employee Retirement Security Act (ERISA) • Occupational Safety and Health Act 1986 Consolidated Omnibus Budget Reconciliation Act

  23. Union declines since 1947 • Taft Hartley? • Demographics? • Economic growth in nonunion sectors? • Economic growth in the West and South? • Federal labor legislation?

  24. Union declines since 1947 • Taft Hartley? • Mixed, perhaps it slowed growth • Demographics? • Women? Not a big effect. Bigger in some European countries • Education? Not a big effect due to increases in union strength in the public sector • Age? Unionization rises with age, so aging labor force should help unions

  25. Union declines since 1947 • Economic growth in nonunion sectors • Rapid growth in service, F.I.R.E., trade sectors that had low union density • Declines in manufacturing, • Also decrease in union density within sectors • Economic growth in the West and South • Strong evidence supporting role of regional growth • Federal Legislation • ERISA, OSHA, Title VII, SS, WC, UI, COBRA, ….

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