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 ?
Calculated from a 1985 Current Population Survey sample of employees who are subject to the Taft-Hartley Act, Section 14(b).
Scott pointed out: "The Taft-Hartley Act provides your administration with tools that can help avoid this threat.
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.
This includes a review of major legislation (and, in some cases, related litigation), such as the Federal Corrupt Practices Act, the Hatch Acts, and the Taft-Hartley Act.
The Taft-Hartley Act of 1947 is a number of amendments added to the Wagner Act that were lobbied by employers to limit powers of employees.
Labor-management conflict in Hollywood in 1945 and 1946 led to a congressional investigation, passage of the antiunion Taft-Hartley Act, and, ultimately, the notorious filmmaking-industry blacklist.
7, President Bush, citing concern over the economic impact of the lockout, invoked the Taft-Hartley Act by appointing a board of inquiry and directing Attorney General John Ashcroft to seek an injunction against the Pacific Maritime Association (PMA), which represents ocean carriers and terminal operators.
If the Wagner Act marks a high point of unions' political strength, the Taft-Hartley Act marks the beginning of unions' decline.
His platform includes giving triple back pay to workers fired illegally during an organizing drive, expanding the power of the National Labor Relations Board, repealing the Taft-Hartley Act, and imposing a ban on the permanent replacement of strikers.
This system largely died in the 1930s, and in 1947 the Taft-Hartley Act gave birth to (or made space for) a new system of individual representation.
The idea of accepting "right to work" nationwide as part of a political bargain will infuriate many old labor stalwarts who have condemned it ever since it was enacted in the Taft-Hartley Act in 1947.