LEGAL INFLUENCES

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SECTION 1

• LEGAL INFLUENCES

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LEGAL INFLUENCES

• Early Court Treatment (1800-1931)
• Conspiracy Doctrine (from 1830s)
• Yellow dog contracts (1900)
• Sherman Anti-trust Act (1890)
• Clayton Act (1914)
• A change in attitude, but no practical effect
  here (loopholes)
• Injunctions (e.g. Pullman strike)

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Tide Turning (1926)

• Railway Labor Act (1926)
• Now covers rail air employees
• Est. National Mediation Board
• NMB conducts rep. Elections
• Amendment (1934) outlaws company unions and
  yellow dogs

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The big union push (1930s)

• Norris-LaGuardia Act (1932)
• Employees given freedom of association and from
  interference.
• Restricted injunction use
• Yellow dogs unenforceable in Fed courts
• Omissions
• Enforcement agency?
• What is employer interference?

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The Wagner Act (1935)(National Labor Relations
Act)

• Firmly established the right to collectively
  bargain (private sector)
• Established NLRB
• Details employer bad practices
• Restricting or coercing employees
• Financially contributing to unions
• Refusing to collectively bargain
• Solidifies right to strike, picket, boycott.

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NLRA Ammendments

• 1947 Taft-Hartley Act (or LMRA)
• Banned closed shop
• Allows passage of RTW laws
• Outlined union unfair labor practices
• De-certification procedures outlined      

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Landrum-Griffin Act (1959) (LMRDA)

• Grew out of McClellan Committee recom. for
  eliminating corruption and racketeering found in
  some unions
• Union democracy increases
• Est. reporting requirements
• Elections every 3,4, or 5 years
• Restrictions on officers

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The NLRB

• Charged with enforcing NLRA
• 5 Board members General Counsel
• Effective in theory, but.
• Criticisms
• Delays in issuing decisions
• Remedial powers only, (not penal)
• NLRB orders enforced by courts
• Improvements under Chairman Gould 

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Other important legislation

• 1962 President Kennedy executive order
• for Federal employees
• 1970 Postal Reorganization Act
• proposed to resolve an illegal strike
• 1978 Civil Service Reform Act
• the federal public sectors version of the NLRA