Reference no: EM133378033

The US legal system and US labor law emerged at the same time in the last 200 years. Labor laws protected workers union activity, it prevented employers from intimidating unions. Before this time, workers can be accused of conspiracy to disrupt communities and commence.The legal system found itself in a balancing situation,to balance efficiency,equity and voice.There were no labor laws at the beginning, however, there were common-law doctrines pertaining to conspiracy,property rights and breach of contracts.As of that time, it was considered conspiracy for workers to join together and refuse to work until workers terms were met.Their actions could hurt the community, increase unemployment and high price.In the 1880s, injunctions were issued by the courts to stop picketing and or going on strike.Injunctions were applied to yellow dog contracts in 1900s. A yellow dog contract is a contract signed by workers, employees not to join or support unions.Courts at these times viewed these contracts as legally binding, because they were signed voluntarily.Organizing by unions to break yellow dog contracts was seen as an attempt to break up valid contracts.Employers seek injunctions to enforce such contracts.Yellow dog contracts were effective anti union device.Congress passed the Sherman act in 1890 to outlaw monopolies.Attempts in 1924 and 1931 to get legislation to stop injunctions failed.

In 1932, the Norris Act was enacted.This act seeks to protect unionization efforts by limiting the jurisdiction and authority of the courts. .This Act forbids federal courts from issuing injunctions that interferes with strikes etc.This act tries to remove courts from labor relations.Unemployment was very high in 1933, the National Industrial Recovery Act was initiated during the new deal of president Roosevelt. This Act encourages collective bargaining through representation of workers unions.. This was the first prelude. The second prelude was The Railway LABOR act. The National Industrial Recovery Act was ruled unconstitutional. This led to the Wagner Act or National Labor Relations Act. for the principles of the Wagner Act. The Wagner act specified five types of illegal employer actions, these actions were called Unfair Labor Practices, The Wagner act established national labor relations board, as an independent federal agency that conducts labor elections and representations as well as adjudicating unfair labor practices,

The Thatcher act, also called labor management relations act was enacted in 1947.This act amends the Wagner act, it restricts union actions, enhances individual and employer rights and introduces new dispute resolution procedures.SEE PAGE 124--129. In 1959, the Antrum --Griffin Act was passed, PAGE 129.-132. This act was as a result of union corruption.There were major developments in US labor laws. These developments were in the public sector in 1959. In 1962 bargaining rights,exclusive representation, unfair labor practices for federal employees were established under executive order 10988, by president Kennedy.Page 133.Labor relations for state and municipal workers are governed by the laws and courts of each state.There exits controversies over public sector unionization.NOTE the rise of employment law.PAGE 140.

QUESTIONS

1. What role has the US Government been playing in labor relations?

2. Is the government on the side of labor or management? Discuss.