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Taft-Hartley Act
2
Transcript
Taft-Hartley Act
THE BASICS
- The Taft-Hartley Act was also known as the Labor Management Relations Act of 1947.
- It made major changes to the Wagner Act and restricted the activities and power of labor unions.
The Basics
Causes of the Taft-Hartley Act
Causes
of this Act
- Taft–Hartley was introduced in the aftermath of a major strike wave in 1945 and 1946.
- This series of strikes occurred after World War II from 1945 to 1946 and spanned numerous industries and public utilities.
The Solution
- The Taft-Hartley Act, providing amendments to the Wagner Act, defined six unfair labor practices.
- These reflected Congress's perception that some union conduct also needed correction.
- It was enacted in order to protect employees' and employers' rights from these unfair practices by unions.
First Amendment
First Amendment
- Gave employees the right to form unions and engage in collective bargaining
- Protected them from unfair coercion by unions that could result in discrimination against employees.
Second Amendment
Second Amendment
- Prohibited an employer from refusing to hire prospective employees because they won't join a union (practice of closed shop).
- Gave an employer the right to sign an agreement with a union that obligates a prospective employee to join the union on or before the employee's 30th day of employment.
Third Amendment
Third Amendment
- Stated that unions must bargain in good faith with employers.
- This amendment balanced the provisions of the Wagner Act, which required good-faith bargaining by employers.
Fourth Amendment
Fourth Amendment
- Prohibited secondary boycotts by unions.
- For example, a union that has a primary dispute with one employer cannot pressure a neutral employer to stop doing business with the first employer.
Fifth Amendment
Fifth Amendment
- Prohibited unions from taking advantage of their members or employers
- They could not charge their members exhorbitant initiation fees or membership dues.
- Also forbid unions from causing employers to pay for work that its members did not perform.
Sixth Amendment
Sixth Amendment
- Introduced a free speech clause for employers so that they have the right to express their views and opinions about labor issues.
- These views would not constitute unfair labor practices so long as the employer does not threaten to withhold benefits or engage in other retribution against employees.
The Pushback
- Both President Truman and labor unions opposed this act.
- In fact, the labor leaders called the Taft-Hartley Act a "slave-labor bill."
The Pushback
The Presidential Veto
The Veto
- President Truman vetoed the Taft–Hartley Act with a strong message to Congress, calling it a "dangerous intrusion on free speech."
- However, Congress was able to override this veto, as the act received significant support from both Democrats and Republicans.
The Effect
- During the 1948 election, union leaders vigorously campaigned for Truman based upon a promise to repeal Taft–Hartley, resulting in Truman's reelection.
- However, Truman never fulfilled his promise and, in fact, relied upon this act twelve times during his presidency.
- Over the years, the Supreme Court has upheld many of the Taft-Hartley Act's provisions.
- The act continues to be in effect.
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