BUS 372 week 2 assignment

Running head: LABOR 1

History of Labor Legislation

EXAMPLE

BUS372

03 April 2017

History of Labor Legislation

Prior to the 20th century, employers found new, and “creative” ways, of taking advantage of the labor force because there was no legislation in place to protect the rights of worker, to prevention harassment by their employers, or to promote fair treatment in a workplace. This greatly led to conflicts between the employees and the employers. In fact, it almost seemed, from the employee perspective, that the government was conspiring with companies to keep the workforce at bay; and if one were to take a step back one would notice several judicial rulings and injunctions that made it difficult for the workforce to stand up for itself in a way that would make a difference. While this type of underhanded behavior was the normal, there were efforts afoot, with the introduction of various labor laws in the in the country, to improve the relationship of the employer and the employees (Bonasia, 2000).

The Department of Labor (DOL) administers and enforces over 180 laws covering many workplace activities for over 10 million employers and 125 million workers (DOL, 2002). Yet, up until around the turn of the 20th century, most employers were, in some shape or fashion, engaging in behavior that was detrimental to employees. For instance, up until just before the turn of the century, employers were entering into “yellow dog contracts” that, as a condition of being hired, the employee agreed not to participate in a union while in the employ of the owner (Seaquist, 2015). This paper will discuss all the significant labor legislation that passed in the 20th century and, if applicable, identify any amendments and how they impacted the overall legislation.

Name of Law	Year	Description	Amendments/Failed	Reason(s)
Clayton Antitrust Act	1914	Anit-trust law was specifically designed to target monopolies and other unfair, or nefarious, business practices; however, in the early part of the 20th century, these laws were used to thwart union activity. There was so much protest to this type of activity that Congress passed this amendment to the Sherman Act specifically excluding labor unions from being deemed a combination or conspiracy (Sequist, 2015).	This act, while initially thought to be a big win for the labor unions, was deemed a quick failure.	It was ruled in Duplex Printing Press Co. v. Deering that secondary boycotts were not covered under this act. Moreover, this judgement made it legal for companies to sue unions who participated in such activity.
Federal Possession & Control Act	1916	Fear that a widespread strike could shut down the number one mode of transportation/shipping in the country – which would cripple the economy during WWI. In response to that fear, this act nationalized the railroad systems. If individuals walked off the job, the military could be used to replace “striking workers” therefore ensuring their continued operation.	Ended	The end of the WWI brought about the end of the national security threat of a railroad strike.
Transportation Act	1920	Created a Railroad Labor Board to settle disputes between workers and employers in the railroad market.	Railway Labor Act	Needed broader regulation in this industry as it related to labor relations
Railway Labor Act	1926	Governs labor relations for railway and airline industries.
Norris LaGuardia Act	1932	This was probably the most significant and wide-sweeping labor legislation in history as it made it unlawful for federal courts to issue injunctions without notifying the labor unions and explicit granted workers the right to form labor organizations, strike, and it allowed secondary boycotts. Furthermore, this law outlawed “yellow-dog contracts.”	New Negro Alliance v. Sanitary Grocery Co (1938)	Expanded the law beyond employers/employee to “persons interested in a labor dispute.” (New Negro Alliance v. Sanitary Grocery Co., 1938)
National Industrial Recover Act (NIRA)	1933	Part of FDR’s New Deal, this is pieces of legislation is significant because it was the first of its kind that gave individuals the right to organize and bargain collectively, free from interference.	NIRA was stuck down three weeks prior to its expiration date by a Supreme Court ruling; ultimately failing under its own weight.	Supreme Course found deemed it unconstitutional as it was deemed government overreach
National Labor Relations Act (NLRA/Wagner Act)	1935	The act was a response to the ongoing, and escalating, labor violence that was taking place in the 1930s. The NLRA guarantees the right of private-sector employees to form unions and collectively bargain while making it illegal to discriminate against workers for participating in union activity. Additionally, this law makes it illegal for unions to boycott negotiations with unions.	Taft-Hartley Act	Made corrections to unfair labor practices
Fair Labor Standards Act (FLSA)	1938	A extensive law that covers overtime status and pay, minimum wages, record keeping, child labor laws, and various other concerns. Additionally, FLSA also defines who is, and who is not, an employee which has significant ramifications with respect to protection under the law.	Equal Pay Act	Addressed equal pay with respect to gender.
The Labor Management Relations Act (LMRA/Taft-Hartley)	1947	The Taft-Hartley Act rolled back, what were perceived as, advances in labor relations established by the Wagner Act. This act outlawed secondary strikes/boycotts as well as many other types of strikes/boycotts. It also is the grounds for “right to work” legislation and stopped “closed shop” practices.	Landrum-Griffin Act	Targeted labor union corruption
Landrum-Griffen Act (LGA)	1959	An amendment to the LMRA, LGA was aimed at targeting union corruption by making internal union governance more democratic and protecting the public by holding labor organizations accountable for their actions/activities.
EO 10988	1962	This executive order, issued by President Kennedy, gave federal workers the right to unionize and participate in union-type activity.	EO 11491	Established a framework to govern labor-management relations in the Federal Government via the Federal Labor Relations Council (FLRC).
Equal Pay Act	1963	The Equal Pay Act was an amendment to the FLSA and began to address the discrepancy in pay/salaries based on gender.
Civil Rights Act	1964	Originated by Kennedy, but signed into law after his death, and the Death of Dr. Martin Luther King, by President Johnson. This law was designed to target discrimination based on race, color, sex, religion, or national origin.	The EEOC has made several adjustments to this act, but most significant amendment was the Equal Employment Opportunity Act	Granted EEOC authority to enforce regulations of the Civil Rights Act of 1964
Occupational Safety & Health Act (OSHA)	1970	The primary goal of OSHA is to reduce workplace hazards and implement safety and health programs for both employers and their employees. To this end, the OSH gave employees the right to receive training on hazards in the workplace, obtain documentations on work-related illness, and make a complain to have an inspection of the workplace as well as many other safety-related rights (Occupational Safety and Health Administration, 2004).	Has been amended several times over the years.	To close loopholes and increase workplace safety as technological advancements and other factors continue to create unsafe work environments.
Americans with Disabilities Act (ADA)	1990	Another amendment to the This law gives all Americans equal opportunities to achieve the same quality of life, regardless of their disabled status. In short, this law prohibits discrimination of employment based on a medical condition unless a particular function of a job cannot be reasonably completed by the individual with the handicap.	ADA Amendments Act of 2008	Reversed a number of court rulings that were perceived as limiting the rights of the persons with disabilities

The 20th century proved to be a very progressive century with respect to labor relations in the United States. From the National Labor Relations act of 1935, which arguably paved the way for the fair treatment of unions and the workforce, to the Civil Rights Act of 1964 which granted equal opportunity in the workplace for all Americans, the workforce in America has seen their rights expand and their workplace conditions improve. Of course, there were several laws between and after those landmark pieces of legislation that continue to increase and level the market playing field; and, as time moves forward and technology advances the workplace, more work will need to be done to ensure the continued balanced relationship between management and the labor force.

References

Bonasia, J. (2000). American politics in the 20th century. San Mateo, CA: Bluewood Books.

Department of Labor. (2002, July 22). Summary of the Major Laws of the Department of Labor. Retrieved April 03, 2017, from https://www.dol.gov/opa/aboutdol/lawsprog.htm?Tcode=OR010001

New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552 (1938).

Occupational Safety and Health Administration. (2004). OSHA Act of 1970. Retrieved January, 16, 2010.

Seaquist, G. (2015). Employee and labor relations: A practical guide. San Diego: Bridgepoint Education.

Social Welfare History Project. (2011). The National Industrial Recovery Act of 1933. Social Welfare History Project. Retrieved 3 Mar 2017 from http://socialwelfare.library.vcu.edu/new-deal/national-industrial-recovery-act-of-1933/