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 ?
A mining employer, alert to help counteract misleading union propaganda about the Taft-Hartley Act, will be serving his own and the industry's interests if he takes time to plan a careful, long-term campaign of employee education based on his company's special needs," E&MJ offered.
So the Taft-Hartley Act says that non-union workers in a unionized workplace can be required to pay an "agency fee" equal to that portion of union dues that covers collective bargaining costs.
Beginning in 1947, with the passage of the Taft-Hartley Act, the second phase of this history saw employers and political elites work to introduce regulatory measures that limited worker and union involvement in decision-making over the waterfront labour process.
One of the key provisions of the Taft-Hartley Act allows states to pass Right to Work laws, except for certain industries, such as railroads and airlines.
The more-or-less-unexamined move to apply the structures of the Wagner Act and the Taft-Hartley Act to the public sector needs to be reassessed.
Since the enactment of the Taft-Hartley Act there have been a few half-hearted attempts at repealing all or parts of it, most recently under the Carter and Clinton administrations.
The Taft-Hartley Act allows the executive branch of the federal government to obtain legal strikebreaking injunctions if an impending or current strike "imperiled the national health or safety," a test that has been interpreted broadly by the courts (Abraham 1996).
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.
The author treats the Taft-Hartley Act of 1947, and strikes from that of the New England shoemakers (1860) to the Professional Air Traffic Controllers Organization (1980).
Coughlin's actions, as he describes them, would constitute a criminal violation of the Taft-Hartley Act and a civil violation of the National Labor Relations Act--which, in the eyes of this topmost Wal-Mart executive, constitutes his defense.
Under amendments to the Taft-Hartley Act 40 years ago project labor agreements were made legal.