The Taft-Hartley Act, formally known as the Labor Management Relations Act of 1947, is a significant piece of federal legislation that curbs the activities and power of labor unions in the United States. This law was enacted by the 80th U.S. Congress over the veto of President Harry S. Truman. It is named after its sponsors, Republican Senator Robert A. Taft and Republican Representative Fred A. Hartley Jr. The Taft-Hartley Act amended the National Labor Relations Act (NLRA) of 1935, widely called the Wagner Act, and introduced a set of new regulations to balance the power between unions and employers.
Historical Context
Preceding Legislation
The Wagner Act of 1935 was a landmark achievement for labor rights, granting workers the right to form unions, engage in collective bargaining, and conduct strikes. However, by the mid-1940s, rising concerns over aggressive union tactics and communist influence led to a push for legislative reform.
Legislative Passage
The Taft-Hartley Act was passed by Congress in June 1947 with strong bipartisan support, despite President Truman’s veto, which he described as a “slave-labor bill.” The legislative override of the veto signaled a significant shift in federal labor policy.
Key Provisions
Unfair Labor Practices
The Act identifies several unfair labor practices for unions, including jurisdictional strikes, secondary boycotts, and closed shops.
Right to Work Laws
Section 14(b) of the Act allows states to pass “right to work” laws, which prohibit union security agreements that require union membership as a condition of employment.
Federal Mediation and Conciliation Service (FMCS)
The Act established the FMCS to assist in resolving labor disputes.
Anti-Communist Affidavit
Union leaders were required to sign affidavits stating they were not members of the Communist Party, although this provision was later declared unconstitutional in 1965.
President’s Power in Case of National Emergency
The Act gives the President the authority to intervene in strikes that may create a national emergency through injunctions and other measures.
Impact on Labor Unions
Labor Movement
The Act significantly weakened the labor movement by imposing restrictions on union activities and allowing for greater employer rights.
Union Membership
Union membership saw fluctuations after the passage of the Act but has generally declined in the decades since.
Relevance Today
Modern Labor Law
The Taft-Hartley Act still serves as a foundational element in the United States’ labor law framework.
Contemporary Debates
Debates over the merits and drawbacks of the Taft-Hartley Act continue, especially regarding “right to work” laws and union influence.
Related Terms
- Wagner Act: The 1935 Act that granted federal protection to workers forming unions and engaging in collective bargaining.
- Labor Union: An organized association of workers formed to protect and further their rights and interests.
- Right to Work Laws: State laws allowed under Section 14(b) of the Taft-Hartley Act that prohibit union security agreements.
FAQs
What prompted the creation of the Taft-Hartley Act?
How does the Taft-Hartley Act affect union activities?
Is the Taft-Hartley Act still in effect?
References
- “The Taft-Hartley Act.” U.S. Department of Labor. Retrieved from dol.gov.
- Bernstein, I. (1970). The Turbulent Years: A History of the American Worker, 1933-1947. Houghton Mifflin Company.
- Truman, H.S. (1947). Veto of the Taft-Hartley Labor Bill. The American Presidency Project.
Summary
The Taft-Hartley Act of 1947 stands as a pivotal federal law that reshaped American labor relations by introducing significant restrictions on labor union activities. It emerged from the post-World War II context of growing concerns over union power and has left a lasting impact on the labor landscape.
