Unions in the United States In the 1800s activities such as picketing or striking by workers were often considered common-law

criminal conspiracies. Workers could be convicted for trying to improve their working conditions through union efforts. The penalties were generally fines, but could also be jail time. 1842 is when the landmark case of Commonwealth v. Hunt severely criticized these practices to discourage unionization. Injunctions, court orders, were popular for employers to use in order to thwart attempted bargaining activities. Unfortunately, the judges who issued these decisions were basing their conclusions on their gut instinct or prejudices. In 1890 Congress enacted the Sherman Antitrust Act to eliminate monopolistic control of the nations economy. This affected the unions (American Federation of Labor) and in response they rallied to elect Woodrow Wilson in 1912. In 1914 the Clayton Act became law. The act in part stated nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor organizations. It also regulated the procedure for which a federal court could issue an injunction against labor. The National Labor Relations Act of 1935 (Wagner Act) established the right of employee s to form unions, to bargain collectively and to strike. With the passing of this act came mandatory subjects of bargaining (wages, hours, and terms and conditions of employment); permissive subjects (nonmandatory subjects); the duty of fair representation; unfair labor practices; types of strikes and lockouts. The National Labor Relations Board (NLRB) is an independent federal agency that enforces labor laws in the private sector. It conducts elections to determine if a union can represent a group of employees. The NLRB supervises the elections and certifies the results. It also decertifies unions that employees no longer wish to have represent them.

The Taft-Hartley Act of 1947. As unions gained in popularity and size, the Taft-Hartley Act of 1947 was enacted to curb excesses by unions. Congress wanted employees, employers and labor organizations to recognize one anothers legitimate rights and made the rights of all three subordinate to the publics health, safety and interest. Section 8 of the act spells out six unfair labor practices that could be committed by unions. It is unfair for unions to: 1. Restrain or coerce employees in the exercise of their rights or employers in the selection of their representatives for collective bargaining. 2. Cause an employer to discriminate against an employee. 3. Refuse to bargain with an employer. 4. Engage in jurisdictional or secondary boycotts. 5. Charge excess or discriminatory initiation fees or dues. 6. Cause an employer to pay for goods or services that are not provided.

Collective bargaining in the public sector versus private sector. 1962 President Kennedy established the right for federal employees to form and join unions. Federal restrictions include: 1. Conducting direct bargaining over wages and benefits (U. S. postal workers may do so) 2. Striking Federal employees can bargain about the numbers, types, and grades of positions; procedures for performing work or exercising authority; the use of technology; and alternatives for employees harmed by management decisions. The Federal Labor Relations Authority (FLRA) was established in 1978 to administer the federal sector labor law. Bennett-Alexander, D.D. & Hartman, L.P. (2009). Employment Law for Business (6th ed.). McGraw Hill Irwin. (p. 723 - 750)