Trade Unions and Labour Rights Flashcards
Issues facing TU
right for union to exist
recognition of unions
involvement of unions in negotiation over pay and working conditions
establishment of systems for mediation
freedom of workers to withdraw their labour w/o fear of punishment
How was progress for TU?
not continuous
periods where improvements were limited therefore employers and often the gov were reluctant to support unionisation
Factors influencing progress
eco-change
growth of capitalism
amount of immigration
Position of TU at start of period
rights = dependent on what workers could negotiate with employers
no requirment for employers to recognise let alone negotiate therefore workers had no representation or protection from their employers
-> could be exploited
Position of TU at end of period
won right to join unions (but some emps had been able to create workplaces where unions were forbidden - forced to accept fall in wages and fear of job loss)
right to collective bargaining but limited in practice (as w/ join a union)
w/o union rep workers = weak position to improve rights but did not want to risk confrontation
right to withdraw labour and strike but limited some emps
Extent of rights by WW1 (pos)
position improved leading to outbreak -> reflected by growth in UN membership
Extent of rights but WW1 (neg)
initial gains = limited to white, male workers and by 1914 no guarantee of perm gains
unions in 1865 = only skilled workers in craft industries but the USA = undergoing a period of rapid industrialisation meaning many of the new unskilled workers = excluded from unions (therefore no rep/protection)
employers hired unskilled workes under contracts rather than perm employment so could be laid off when less demand for work
limited safety precautions in factories -> large no of incidents and emp not introduce measures because it would reduce profits through greater supervision - injury = risk employee had to take (courts)
Unions in the late 19th century (pos)
increasing industrialisation -> increase in no of unions (Knights of Labor - KOL and American Fed of Labor - AFL)
KOL: 1881 - 20,000 -> 1886 - 700,000 (suggests successful strike action = crucial to growth)
un m.ship across USA had growth to over 2 million
uns had begun to put pressure on candidates in elections to support workers rights
Unions in the late 19th century (neg)
membership decline of KOL to 100,000 by 1890 and rep collapsed as a result of violence of Haymarket Affair
1905: Industrial Workers of the World less effective due to violence/militancy ; 100,000 by 1923 but declined thereafter
divisions in workforce affected un m.ship -> arrival of AA workers after abolition of slavery ; most accepted lower pay - employers exploited this by laying off whites and replacing with AA ; exacerbated by arrival of European/Asian immigrants
-> existing unions saw this as a sig challenge and refused to allow them to join which further limited size of unions and their ability to exert pressure on emps -> divided workforce = easier to exploit
progress further weakened by 2 other strikes
- Homestead Strike 1892 - virtually bankrupted Amalagamated Association of Iron and Steel Workers and resulted in a decline in union mship (1891 24,000 - 1909 6300)
- Pullman Strike - developed from emps refusal to recognise rights of workers to use collectibe bargaining and showed difficulties in gaining un recognition
-appears that by outbreak, little achieved in terms of UN rights
Factors suggesting position of labour = no stronger than in 1865
uns represented only 20% of non-agricultural workforce
many industrys did not have uns (e.g steel/car manufacturing)
many uns = not legally recognised therefore lacked real power over decisions
wks divided by ethnicity, gender, skill level - divisions often exploited
gains limited to white skilled workers
Rights during WW1 and inter years
WW1, New Deal, WW2 = some progress due to necessity than willingness
WW1
- pos of workers improved
- factory owners saw an increased demand for their products therefore more opp to increase profits ; more willing to be conciliatory towards their wks e.g textiles for uniforms, steel for weapons
- to ensure that protection = maintained, gov recognise and negotiated with uns through National War Labor Board (NWLB)
- -> resulted in working hours limited to 8 in return for agreeing to a no-strike policy
The boom of the 1920s - positive
eco boom - unemp decline
employees offered benefits e.g reduction in working hours, pensions, insurance
porters appointed Randolph to lead their counter-campaign, set up the Brotherhood of Sleeping Car Porters (BSCP) Union
by 1934, change in law under Roosevelt w/ passing of Railway Labor Act, meant that the BSCP could claim right to represent porters
Randolph demanded that the National Mediation Board offically declared the BSCP as the Porter’s rep
BSCP defeated company un in elections to decide who should rep workers
-> in 1935 finally gained recog and Pullman began to negotiating within a year the un had enrolled 51% of all porters
The boom of the 1920s - negative
development of welfare capitalism (offered benefits in return for est of unions under direction of employer) = usually in return for no strike agreements and abandoning right to negotiate wages as emp feared that wks would take advantage of the low rates of unemployment to demand more money
some indiv company unions set up - wks lost independence and sometimes forced to sign yellow-dog contracts (agree not to join un)
many emp refused to recog uns
-> e.g Henry Ford - tight control over wk force ; only in 1941 did he recog un for collective bargaining
struggle for recog evident in Pullman Company. Employed many AA porters in poor conditions who relied on tips for income and were denied promotion
-> PC established own un and banned BSCP meetings (who had not gained recog by 1928)
The Great Depression and its impact on rights
living standard improvements ened
emp could exploit weak pos of wks who feared losing their jobs during period of high unemp
tough action against strikers during period - police or own strike breakers
un mship fell as being unable to strike undermined their pos and un strength
Norris - La Guardia Act
1932
banned yellow-dog contracts
barred fed courts from issuing injunctions against non-violent labour disputes
New Deal Positives for rights
high point in rights - wide range of legislation
National Industry Recovery Act (NIRA) 1932
-> encouraged firms to agree to codes of practice to imp hours, wages, un rights (major step forward)
National Labor Relations Act (Wagner Act) 1935
-> step forward
-> established National Labor Relations Board (NLRB)
increase in no of unionised workers - increase power
sit-in strike in 1936 led to recog of United Automobile Worker’s Union and then Steel Workers Organizing Committe - recog in 1937
Fair Labor Standards Act 1939
-> minimum wage
pos = stronger than before WW1
National Labor Relations Board
could negotiate on behalf of workers and prevent companies from using own uns
looked into accusations of unfair labour practices and reached judgement on issues brought before it
-> right to elect own rep
-> declared constitutional
-> right to join own un
-> using spies against un = banned
-> reorganised role of un unlike any other leg (rapid expansion of un mship from 3.7 mil 1933 to 9 mil 1938)
New Deal negatives
NIRA limited as not all emps signed code (e.g Ford) - declared unconstitutional by SC - gains reversed
improvements only benfitted some workers
unskilled wks - no rights
lower end of pay scale, most in need of protection, did not benefit
ethnic minorities v vulnerable
women paid less
NLRA did not give agricultural workers right to join union
-> attempts to improve conditions wait until 1960s
WW2 impact on rights
imp in pos of labour continued bc wrks = essential to war prod
wages increased by 70% -> strong pos
unemp fell - labour shortage
mship from 9 mil (1938) to 15 mil (1945)
power & pos of un increased when compared to 1918 (high point?)
uns gained recog
laws recog.d labour rights
mship soared giving wks more influential voice in politics
balance of power btween wks and emp moved in favour of wks
(but many emp unwilling to accept change)
post-WW2 period positives
individual victories
General Motors 1948
- negotiated pay agreement linked to living cost
post-WW2 negatives
large no of strikes - decline in pos of uns
politcians believed uns = too powerful
Taft-Harley Act 1947
eco changes following WW2 threatened to undermine pos of wks - growth in no of white collar wks (prof, tech, clerical) and sub dec in no of blue-collar wks (manual) meant fewer wks -> uns
mship fell 1945-50 (many new jobs in gov with no-stike agreement)
many wks = better off (less interested in un activity)
Taft Harley Act 1947
limited power of uns (prevented from running closed shop)
-> backwards move
prohibbited un from engaging in sev “unfair labour practices”
-> jurisdictional strikes, wildcat strikes, closed shop, secondary boycotts
allowed states to pass right-to-work laws banning union shops
congress overode Truman’s veto to pass act
The 1960s - positive
Kennedy : 1963 Equal Pay Act - men & women ‘equal pay for equal work’
Johnson’s ‘Great Society’ policy benefitted those in poverty
1964 Economic Opp Act: inc training opp
Age Discrimination Act 1968: protected those over 40 y/o
Merger of AFL with CIO -> AFL-CIO in 1955 - wks benefitted, brought together 85% of un members & gave movement power/influ. 16 million member - bargain over conditions and wages, negotiate over contract cond, paid holidays and unemp insurance, gain med/dental insurance and pension
right to join a un not been poss century earlier, now established
uns collaborated with emps - confrontations that had characterised earlier period not been pos century earlier appeared to be in decline
wks given many benefits
The 1960s - negative
pos for many AA = little imp, worsened due to changes in industry
demand for skilled/tech adv workers disadvantaged many AA -> lack education as most lived in poverty w/ poor school (diff to WA)
eco change threatened pos of wks
wks had to agree to no-strike agreement
Cesar Chavez - pos
attempts made to imp pos of farmworkers
gained from merger of Agricultural Workers Organizing Committee (AWOC) w/ National Farm Workers Association (NFWA) founded by CC
-> became United Farm Workers (UFW) Union in 1972
Chavez = non-violent; turned struggle of farmers into moral cause which won national sympathy
tactics forced growers to recog UFW as bargaining org for field wks in Cali
early 70s UFW org strikes/boycott inc Salad Bowl Strike - largest farmworker strike in US history -> won increased wages for lettuce/grape wks
series of fasts to promote non-violence and in response to leg passed in Arizona prohibitting boycotts/strikes
1975 California Agricultural Labor Relations Act est the Cali Agr Rel Board to oversee coll barg for farm labourers
Cesar Chavez - negative
farmworkers had not gained from the benfits of org labour in industry
involved in struggle to limit immigration - believed it undermined pos of wks born in USA while exploiting immigrants
late 1960 s saw a decline in un mship not as result of failure of uns to protect wks but due to tech changes resulting in a more skilled wkforce that did not look to uns to protect their pos
End of period - pos
org labour = stronger pos than start of 1865
un power reduced but wks = better pos than 1865
- join un (non-unionised firms)
- collective bargaining (threat unemp)
- strike (no-strike clauses)
- pos of female wks improve
End of period - negatives
power/imp of un = reduced compared w/ 1960s & 30s
falling un mship until 1992
decline in un mship = reflection of continued change in structure of wkforce/eco but also due to events such as PATCO strike and changing attitudes
no of strikes reduced from 381 (1970) to 44 (1990) - no. involved red from 6477 to 4204
lack of public support for air traffic controllers actions in PATCO strike, discouraged other strikes and show decline in un influence/power
early 1980s and 1990s, uns = under attack from all sides
gov and emps had issues w/ uns
divisions w/in un movement w/ others unwilling to support PATCO air traffic controls due to perception as well paid -> weakened pos
decline in size of factories/business -> diff to org wks; impacted on un recruitment
decline in un mship (1970 = 19.3 mil; 1990 = 16.7 mil) further exacerbate by continued divisions by emps of generous welfare packages therefore wks saw little to be gained froms uns
growth in non-un firms emps allowed to ignore law/deny rights - increase trend when emps discovered they could effectvely get away w/ it
NLRB less willing to defend un rights resulting in emp interests taking presendence over wks (emp now in stronger pos than WW2)
un power reduced
