Trade Union and Labour Rights Flashcards
What issues did union and labour rights face in the USA?
The right for unions to exist, recognition of unions, involvement of unions in negotiations over pay and working conditions, the establishment of systems for mediation, freedom of workers to withdraw their labour without fear of punishment. Progress in these areas was not continuous. Sometimes no improvement occurred or it was very limited as employers and often, the government, were reluctant to support unionisation. Economic change impacted the progress of union and labour rights. At the start of the period, the right of workers and unions were completely dependent on what workers could negotiate with employers but there was no requirement for employers to recognise unions which meant workers had no representation or protection from their employers, thus could be exploited. By the end of the period, workers had won the right to join a union but some workplaces did forbid unions . Unions secured right to collective bargaining but was limited in practice. Without union representation, the workers were in a weak position to improve their rights, but they did not want to risk confrontation with employers in fear of losing their jobs. Unions secured right for workers to withdraw their labour and go on strike, yet again this was limited in practice as some employers had brought in no-strike clauses, preventing workers from taking industrial action. Gains made in earlier parts of the period not always maintained.
What was the extent of labour and union rights by WW1?
The position of unions improved in the period leading to the outbreak of WW1 in 1914. This was reflected in the growth of union membership but initially the gains were limited to white, male workers and even by 1914, there was no guarantee that gains were permanent. The unions existing in 1865 represented only skilled workers in craft industries, yet as the USA was undergoing a period of rapid industrialisation, this meant many of the new, unskilled workers were excluded from unions and thus, had no representation or protection. Employers also hired unskilled workers under contracts, rather than permanent employment, so workers could be laid off when there was less need for work. Workers were working long hours in factories with limited safety precautions, resulting in a large number of accidents. No health and safety standards were introduced as it would reduce profit through greater supervision. Workers who suffered industrial injuries received little or no support from employers and even the courts supported employer over employee.
What were unions like in the late nineteenth century?
The increasing industrialisation did result in the development and growth of a number of unions. The Knights of Labor reached a membership of 700,000 by 1886, having only 20,000 members in 1881, suggesting that its successful strike action was crucial in its growth. After the violence of the Haymarket Affair its reputation collapsed and membership fell to just 100,000 by 1890. In 1905, the Industrial Workers of the World was established but this union was less effective due to its militancy and violence. It did attract some 100,000 members by 1923 but declined thereafter. Divisions within the workforce also affected union membership. The arrival of African American workers after the abolition of slavery meant that white workers no longer enjoyed a monopoly of the labour market. Former slaves were now available for employment and most accepted lower rates of pay which employers exploited by laying off white workers and replacing them with African Americans. This was made more difficult with the arrival of new European and Asian immigrants. Existing unions refused to allow them to join unions which further limited the size of unions and the ability to exert pressure on employers. A divided workforce was easier for employers to exploit. The progress in obtaining worker rights was further weakened by two other strikes: The Homestead Strike of 1892 and the Pullman Strike of 1894. The Homestead Strike virtually bankrupted the Amalgamated Association of Iron and Steel Workers and resulted in a decline in union membership from 24,000 in 1891 to 6300 by 1909. The Pullman strike, which developed from the employer’s refusal to recognise the right of workers to use collective bargaining to protect their living and working conditions, also showed the difficulties union faced in trying to gain recognition. By WW1, little had been achieved, however union membership across the USA had grown to over 2 million and unions had begun to put pressure on candidates in elections to support workers’ rights. Despite this, unions represented only 20% of the non agricultural workforce, many industries, such as steel and car manufacturing, did not have unions, many unions were not legally recognised so lacked real power over decisions, workers were divided and these divisions were exploited by employers, gains limited to white, male, skilled workers.
What was union and labour rights like during WW1?
The position of workers and unions improved. As factory owners saw an increased demand for their products, there was more opportunity to increase profits so they were more willing to be conciliatory towards workers. To ensure production was maintained, the government recognised and negotiated with unions through the National War Labor Board. This reduced the length of working hours to eight, but in return for a no-strike policy.
What was union and labour rights like during the boom of the 1920s?
The economic boom that followed the war resulted in a rise in real wages and a decline in unemployment. Workers seemed to have made further gains compared with the period before the war. Employees were often offered benefits such as a reduction in working hours, pensions, insurance and other services. The development of welfare capitalism was usually in return for no-strike agreements and abandoning the right to negotiate wages as employers feared that workers would take advantage of the low rates of unemployment to demand more money. Company unions were set up which meant in practice workers lost their independence and were sometimes forced to sign a ‘yellow-dog contract’. Many employers still refused to recognise unions, for example Henry Ford who exerted a tight control over his workforce, not recognising unions for collective bargaining until 1941. The struggle for recognition was also evident in the Pullman Company, which manufactured railway carriages. The company employed African Americans as porters who experienced poor working conditions, relied on tips for most of their income, denied promotion and prevented any effort to organise a union. The porters appointed Philip Randolph to lead their counter-campaign and set up the Brotherhood of Sleeping Car Porters union. The Pullman company then established its own union and banned the BSCP meetings. Although nearly 50% of porters were part of the BSCP, it did not gain recognition until 1928. The issue regarding striking divided the union but in 1934, Roosevelt introduced the Railway Labor Act, which meant the BSCP claimed the right to represent the porters. Randolph demanded that the National Mediation Board declare the BSCP as the porter’s representatives. The union defeated the company union in elections to decide who should represent the workers and in 1935, finally gained recognition and Pullman began to negotiate with them. Within a year, the union enrolled 51% of porters.
What was the impact of the 1929 Great Depression?
The Wall Street Crash meant any improvements in living standards for workers ended. Employers could exploit the weak position of workers who feared their job. Employers took tough action against strikers and called in the police or strike breakers. Union membership fell as being unable to strike undermined the worker and union’s positions.
What was the impact of Roosevelt’s New Deal?
The introduction of Roosevelt’s New Deal in 1933 was a high point in labour rights. The National Industry Recovery Act of 1933 encouraged firms to agree to codes of practice which dealt with improving hours, wage rates and union rights. It enshrined in law the right of workers to organise unions and take part in collective bargaining. However, not all employers signed the code, such as Henry Ford. The Supreme Court declared the Act unconstitutional in 1935. The Wagner Act of 1935 established the National Labor Relations Board which negotiated on behalf of workers and prevented companies using their own unions, workers given the right to elect their own representatives to undertake collective bargaining, the Act was declared constitutional, workers given right to join unions, the Act recognised the role of unions which resulted in rapid expansion of union membership from 3.7 million in 1933 to 9 million by 1938. The increasing number of unionised workers increased their powers. This led to firms who initially resisted recognising unions, like General Motors. A sit-in strike in 1936 resulted in the recognition of the United Automobile Workers’ Union and then the Steel Workers Organising Committee which recognised US Steel in 1937. The Fair Labor Standards Act in 1939 gave workers a minimum wage. Yet, these improvements only benefited some workers. Many unskilled workers did not have rights so many in mass-production industries lacked gains, particularly those at the lower end of the pay-scale and most in need of protection. Many from ethnic minorities, especially African Americans were very vulnerable and so were women, who were always paid less than men. The Wagner Act did not give agricultural workers the right to join unions. The position of these workers did not improve until the 1960s with the United Farm Workers union under Cesar Chavez.
What were union and labour rights like during WW2?
The improvement continued as workers were essential to the war production. This was reflected in wage increases by 70%. Unemployment fell so that there was a virtual labour shortage. Union membership grew from 9 million in 1938 to nearly 15 million by 1945.
What were union and labour rights like during the post WW2 period?
Large number of strikes which resulted in a decline in the position of unions. Many people in politics believed that unions became too powerful under Roosevelt. The 1947 Taft-Hartley Act limited the power of unions. There were some individual victories with General Motors in 1948 negotiating a pay agreement linked to the cost of living, and a pension package. The economic changes after WW2 threatened to undermine the position of workers. The growth in the number of white-collar workers and decline in number of blue-collar workers meant fewer workers joined unions. Overall membership fell from 1945-50 due to the new jobs in government posts which meant workers signed no-strike agreements. Many workers were now much better off, with paid holidays, healthcare, pensions and pay rises so they were less interested in union activity.
What were union and labour rights like during the 1960s?
Workers did make some gains in the 1960s. President Kennedy’s administration passed the 1963 Equal Pay Act which gave men and women ‘equal pay for equal work’. Those workers who lived in poverty benefited from Johnson’s ‘Great Society’. The 1964 Civil Rights Act outlawed discrimination based on race, colour, religion, sex or national origin. The Economic Opportunity Act of 1964 increased training opportunities and the Age Discrimination Act of 1968 protected those over 40 years. Workers also gained from the 1955 merger of AFL and CIO which brought together some 85% of union members with 16 million members. More unions could now bargain over conditions, wages, negotiate over contract conditions, gain medical and dental insurance, negotiate paid holidays, gain pensions and negotiate unemployment insurance. These gains gave union memberships as increased attraction, particularly as union workers’ pay was often 20% higher than that for non-union members. African American workers had seen little improvement and their position worsened due to changes in industry, because they lacked the necessary education, due to a majority of them living in poverty and being ill-educated from the poor quality schools provided for African Americans. Unions in this period consolidated their power, despite economic changes. The right to join unions was firmly established and unions were not collaborating with employers. Workers gained benefits but some were part of a policy to reduce the number of strikes.
What was the impact of Cesar Chavez?
Farm workers had not gained from the benefits that organised labour in industry had gained. In 1960 there were attempts to improve their position. They gained from the merger of two workers’ rights organisations: The Agricultural Workers Organising Committee and the National Farm Workers Association founded by Cesar Chavez which became the United Farm Workers Organising Committee in 1966 and the United Farm Workers Union in 1972. Chavez adopted a policy of non violence and turned the struggle of farm workers into a moral cause which won national sympathy. Growers were forced to recognise the UFW as the bargaining organisations for field workers in California and Florida. In the early 1970s, the UFW organised strikes and boycotts, including the Salad Bowl strike which was the largest farm worker strike in US history, which won higher wages for those working for lettuce and grape growers. He was also involved in the struggle to limit immigration, believing it undermined the position of workers born in the USA whilst it also exploited immigrants. Chavez went on a series of fasts to promote non violence and in response to legislation passed in Arizona that prohibited boycotts and strikes by farm workers during harvest time. The UFW eventually declined in the 1970s, but in 1975, he secured victory in California when the California Agricultural Labor Relations Act established the California Relations Board to oversee collective bargaining for farm labourers. The late 1960s saw a decline in union membership due to technological changes which resulted in a more skilled workforce, not looking to unions to protect their position.
What were union and labour rights like towards the end of the period?
The failing union membership continued until 1992. Power and importance of unions was reduced but the rights won largely remained. The decline in union membership was a reflection of the continuing change in structure of the American workforce and economy, but also due to events such as the 1981 PATCO strike and the change in attitudes among government and public towards unions. The number of strikes and number of workers taking part declined. The lack of public sympathy for the air traffic controllers actions discouraged other strikes. In the 1980s and early 1990s, unions were under attack from the government and employers, divisions within the union movement, with others unwilling to support PATCO air traffic controllers whom they perceived as well paid, the decline in size of factories and businesses meant it was more difficult to organise workers, the decline in membership was further encouraged by the continued provision by employers of generous welfare packages which meant they were no worse off that in earlier periods, so saw little to be gained from union membership and an increasing number of female and white collar workers who were less interested in joining unions. The period also witnessed the growth of non-unionised firms. This meant employers were able to ignore the law and deny workers rights. As employers could effectively get away with this, it became an increasing trend. The NRLB was less willing to defend union rights and the employer was now in a stronger position. Union power and influence was reduced yet by 1992, workers had the right to join a union (although there were non-union firms), collective bargaining (threat of unemployment weakened position) and strike (government workers forbidden and existing no-strike clauses). The position of female workers improved with advances towards equal opportunity and pay. Many African Americans and Hispanic workers were in vulnerable positions and often low paid.
Condition of labour rights during periods of industrial growth and economic change?
The American economy fluctuated widely over the period from 1865-1992. Economic downturns such as the Great Depression as well as periods of growth such as the Gilded Age had a great impact on the position of unions and labour rights for workers. Growth in the American economy usually resulted in increased demand for workers but this did not always result in the actual development of union rights. A growing economy may have allowed labour organisations to increase pressure on employers, at first for union recognition and then better pay and conditions. However this was not always the case as in the latter part of this period the improvements in workers living conditions meant that many were less interested in union activity. Therefore, while industrial growth improved worker’s conditions, it may not have helped in the struggle for union rights.
The impact of skilled and unskilled workers in the nineteenth century?
Workers organisations were able to use growth in the number of industrial workers from 885,000 to 3.2 million in the period 1860-1900 to win some concessions from employers. The economic growth increased the demand for unions, resulting in the formation of KOL in 1869, AFL in 1886 and the Industrial Workers of the World in 1905. The creation of a large number of unskilled workers, due to the development of mass production and growth in heavy industry, resulted in a new wave of workers who wanted representation and protection. Although progress in obtaining rights was slow, union membership grew from 500,000 at the end of the nineteenth century to 2.5 million in 1915 and 5 million by 1920. The sheer number of workers increased the pressure on employers to recognise unions. Although much still depended on fluctuations in the economy, the changes had resulted in some progress.
The impact of the 1920s?
The boom in the economy in the 1920s allowed some of this process to continue. In order to meet a growing consumer demand for new goods, more workers were taken on and real wages rose. The increased demand for workers and low levels of unemployment forced some employers to take conciliatory action, either in the form of union recognition or through welfare capitalism. Although it can be argued welfare capitalism limited the rights of workers due to no-strike policies but the number of working hours was reduced to eight, the daily wage doubled to $5 and profit-sharing was introduced.
The impact of the 1950s?
The 1920s was very similar to the 1950s. This period of prosperity resulted in the rapid improvement in the economic position of workers, with average income by the end of the 1950s some 35% higher than it had been at the end of WW2. Workers could thus take advantage of the availability of consumer goods, with 75% owning cars and 87% owning at least one television. However, as with the 1920s, although the living standard of workers had risen it was not always reflected in an improvement in their rights. Increasing prosperity resulted in workers less likely to support unions and risk their gains through industrial action. This continued into the 1970s with those involved in high-tech industries and skill-based industries witnessing significant rises in real wages but therefore having less concern for workers’ organisations.
Was there growth or depression?
It was not just periods of boom that saw an increase in the position of unions but also periods of depression. This is particularly true of the Great Depression and the 1930s. Although the high levels of unemployment (rising from 3% in 1929 to 25% in 1933) made workers vulnerable and often just grateful they had a job, the legislation that was introduced as part of the New Deal to get people back to work had a profound impact on union rights. However, this development was more the result of government action as it attempted to deal with high levels of unemployment and increased conflict between employers and employees.
Did industrial growth and economic change hinder labour and union rights?
At the start of the period, the increase in mass production was the main factor limiting union rights, whereas in the period after WW2 it was the growth in white collar employment, with the development of high-tech and service industries that had the largest impact. Additionally, economic change, and the resulting change in composition and nature of the workforce, had a particularly limiting impact at the start and end of the period.
What was the nineteenth century like for trade union and labour rights?
The end of the Gilded age negatively impacted the position of workers. The fall in demand meant that fewer workers were needed and therefore employers were able to lower wages as there was a readily available workforce. Workers were unable to combat this as the unions lacked power to take on employers and when they did, violence often ensued further weakening the union movement. However, a decline in the economy did not always result in a worsening position of workers. The Gilded Age was similar to the period after WW1 when the ensuing boom of the 1920s did little to advance labour rights. Although workers did gain from a rise in real wages and welfare capitalism, in practice it limited their independence.
Impact of economic change post WW2?
Both the boom and changing nature of the American economy after WW2 had a negative effect on the position of unions. New technology and automation in many industries during the 1950s saw the number of blue collar workers decline. Union membership in these industries fell by some 50%. As well as this, the changes in the economy saw a growth in the number of white collar workers and they were often forced to sign non-union agreements. The result was a decline in the percentage of the workforce who were members of unions during the 1950s and 60s. Economic change in the USA from 1970s only added to the difficulties for organised labour. Economic growth slowed due to foreign competition and there was a decline in productivity. This caused a rise in unemployment and a fall in real wages among the unskilled, an increase in skilled and white collar workers (less likely to join unions), relocation which meant the workforce was dispersed and therefore harder to unionise, a general reluctance of highly paid skilled workers to support unions and an increase in new industries employing a large number of women who were less interested in joining unions. For these reasons, many workers were less willing to either join unions or take part in union action, which weakened the position of organised labour at the end of the period.
What was the attitudes and actions from federal government?
The American government intervened in the economy only at times of emergency, meaning for most of the period they adopted a laissez-faire approach which favoured employers. This is because it allowed formation of large business corporations and creation of large industrial enterprises. Manufactures in turn could exploit their employees and deny them a voice to complain which is the most consistent way government actions and attitudes hindered the development of union rights. The government thus allowed capitalism to thrive and business to work together in order to make large profits.
What were the events of the 1894 Pullman Strike?
Initially, the attorney general had issued an injunction which stopped anyone from interfering with the movement of mail. President Cleveland then sent in some 2000 federal troops to break the strike despite claiming it was only to ensure the movement of mail. Troops fired at the protesters and four people were killed. A clear indication that federal authorities were willing to prevent unions from exerting their rights was shown by the Supreme Court legalising the use of injunctions and issuing the Omnibus Indictment Act which prohibited strikers and workers’ representatives from trying to persuade others to strike. This Act remained until the 1935 Wagner Act. In this instance, it meant that when the indictment was read and the workers did not disperse they were declared in contempt and the strike illegal. Therefore, the government clearly upheld the position of employers against unions during this period.
What was government intervention like during the two world wars?
In 1914, the Clayton Anti-Trust Act was passed which limited the use of injunctions against striking workers and allowed peaceful picketing, provided protesters did not damage property. A general lack of legislation meant that owners could reduce wages and lay workers off at times of depression. The unwillingness of the government to intervene ensured that workers had no means of seeking redress of grievances. It was the need for the production of war goods during WW1 that saw the government’s first move towards supporting organised labour. It recognised unions and established the NWLB to negotiate with unions. This was only done because of the need to sustain production and prevent strikes and as such, it was successful as Samuel Gompers, leader of the AFL, ordered his large numbers of workers not to strike. The improvement in the position of unions as a result of government action helped to increase union membership during the war years.
This was similarly repeated during WW2 when the government re-established the NWLB which improved union position, encouraging workers to join and so membership rose considerably. Government action had improved the position of unions but this was because their efforts were essential to the war effort.
In contrast, support for employers was seen after WW2. Many in government, particularly the Republicans, believed that the power of unions had grown too strong. As a result the Taft-Hartley Act was passed in 1947 to restrain union power. They also sought to reduce the influence of communists, whom they believed dominated much of the labour movement and this policy served to weaken the CIO as they expelled Communist-led groups thus reducing its membership.
What was the role of the Supreme Court?
The Supreme Court had played a crucial role in limiting the rights of workers through its use of injunctions to break the Pullman Strike. This policy of supporting employers continued with the 1905 Lochner vs New York case. In Lochner v New York, the Supreme Court rejected the law that limited the number of hours a baker could work each day and week. The court did not accept the argument that the law was needed to protect the health of the bakers and decided that the law was an attempt to regulate the terms of employment. This judgement began a series which invalidated laws to regulate working conditions and in this period it allowed yellow dog contracts (1915 Coppage v Kansas Case) and stated that minimum wage laws violated the due process cause in the Adkins v Children’s Hospital case of 1923. The intervention of the Supreme Court reached its climax in 1935 when it found the NIRA to be unconstitutional. The case involved the Schechter Brothers, a firm selling chickens that were not fit for human consumption. They were prosecuted by the NIRA for breaking its code, but the court ruled that it was not a matter for the federal government. This meant that not only could the federal government not intervene in internal state issues, but if they could not prosecute firms for breaking NIRA codes then the NIRA codes were unconstitutional. This was because the federal government had developed the codes but they were imposed on individual firms in different states. The court declared that the federal government had no right to intervene in matters that were the concern of individual states and that the federal government had acted unconstitutionally by taking the power to implement the codes. Ultimately, NIRA, which had brought in measures to regulate relations between employees and employers and had done much to improve the position of workers, was destroyed.
