Taft-Hartley Act


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Taft-Hartley Act

Over President Harry S. Truman's Veto, zthe Taft-Hartley Act—which is also called the Labor-Management Relations Act (29 U.S.C.A. § 141 et seq.)—was passed in 1947 to establish remedies for unfair labor practices committed by unions. It included amendments to the National Labor Relations Act, also known as the Wagner Act of 1935 (29 U.S.C.A. § 151 et seq.), which were crafted to counteract the advantage that labor unions had gained under the original legislation by imposing corresponding duties on unions. Prior to the amendments, the National Labor Relations Act had proscribed unfair labor practices committed by management.

The principal changes imposed by the act encompass the following: prohibiting secondary boycotts; abolishing the Closed Shop but allowing the union shop to exist under conditions specified in the act; exempting supervisors from coverage under the act; requiring the national labor relations board (NLRB) to accord equal treatment to both independent and affiliated unions; permitting the employer to file a representation petition even though only one union seeks to represent the employees; granting employees the right not only to organize and bargain collectively but also to refrain from such activities; allowing employees to file decertification petitions for elections to determine whether employees want to revoke the designation of a union as their bargaining agent; declaring certain union activities to constitute unfair labor practices; affording to employers, employees, and unions new guarantees of the right of free speech; proscribing strikes to compel an employer to discharge an employee due to his or her union affiliation, or lack of it; and providing for settlement by the NLRB of certain jurisdictional disputes.

The act also makes collective bargaining agreements enforceable in federal district court, and it provides a civil remedy for damages to private parties injured by secondary boycotts. The statute thereby marks a shift away from a federal policy encouraging unionization, which has been embodied in the Wagner Act, to a more neutral stance, which maintains the right of employees to be free from employer coercion.

Cross-references

Labor Law; Labor Union.

Taft-Hartley Act

a US statute (the Labor Management Relations Act) in the field of labour law that deals with unfair union practices like the secondary boycott. States were permitted to prohibit the closed shop by right-to-work legislation. If strikes affect national health or security, a court can order a cooling-off period of 80 days.
References in periodicals archive ?
Truman's veto of the Taft-Hartley Act, designed to limit the power of organized labor.
Bush invoked the Taft-Hartley Act, significantly impacted the global supply chain and cost the economy between $500 million and $2 billion a day.
President Obama is unlikely to invoke the Taft-Hartley Act, which empowers him to order the strikers back to work.
To understand the distinction between fairness and freeloading it's necessary to go back to the Taft-Hartley Act, an anti-union piece of legislation approved by a Republican Congress in 1947.
He speaks in particular about the barriers thrown up by the passage of the Taft-Hartley Act in 1947 and the Landrum-Griffin Act in 1959, both of which ushered in new institutional constraints for unionists.
but members of Congress voted in sufficient numbers to overturn the President's veto with the constitutionally required two-thirds majority in both the Senate and the House of Representatives, and the Taft-Hartley Act was enacted into law on June 23, 1947.
Modern labor relations date from the 1947 Taft-Hartley Act, which modified the Wagner Act mainly by defining the rights of employers in the framework it had provided.
While ensuring that the workforce remains unrepresented has always been a cat-and-mouse game, one which management has played well through the use of flattery, deceit, rewards and intimidation, the statutory limits on labor's power are directly traceable to the Taft-Hartley Act, passed in 1947.
By the time President Bush invoked the Taft-Hartley Act, over 200 ships were lined up outside of ports waiting to pick up or unload containers.
In response to tumultuous and violent strikes across the nation shortly thereafter, the Taft-Hartley Act was passed to amend the NLRA by significantly limiting the activities and power of labor unions.
In fact, the National Labor Relations Act, which became the Taft-Hartley Act of 1947, exempted hospitals from its mandates and made legal recourse for any unfair treatment impossible.