The Wagner Act of 1935: Labor's Bill of Rights

[Hawk1981]

The National Labor Relations Act (NLRA) of 1935 was designed to guarantee workers "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection."

Also known as the Wagner Act for New York Senator Robert F Wagner who introduced the bill, the National Labor Relations Act consisted of 5 provisions, all of which were written to increase worker rights:

1. The prohibition of management, or any other, to interfere, restrain or coerce employees in their rights of freedom of association, mutual aid or protection, self-organization, to form, join, or assist labor organizations, to bargain collectively for wages and working conditions through representatives of their own choosing, and to engage in other protected concerted activities with or without a union.

2. "Dominating" or interfering with the formation or administration of any labor organization.

3. Discriminating against employees to encourage or discourage acts of support for a labor organization.

4. Discriminating against employees who file charges or testify.

5. Refusing to bargain collectively with the representative of the employer's employees.

The Wagner Act of 1935 was designed to correct the problems associated with previous attempts at Labor relations, specifically the National Industrial Recovery Act (NIRA) of 1933. Drafted as an attempt to quell the effects of the Great Depression, the major component of the NIRA was the suspension of anti-trust laws and a support of the alliance of industries. Companies were required to establish industry wide "codes of fair competition" that fixed prices, wages and established quotas on the production of goods. In addition, employees were given collective bargaining rights and could not be required to abstain from joining a labor organization.

Besides correcting the issues that were found to be unconstitutional in the prior law, the Wagner Act added needed enforcement with the creation of the National Labor Relations Board (NLRB). The NLRB was designed to address a number of issues. It was widely believed that the federal court system was too overwhelmed, and had little experience, dealing with labor issues. It was also believed that the court system would not be a strong advocate for the enforcement of Labor rights. Congress noted that many issues involving labor policies could not be agreed upon by those currently in the government. For that reason it was believed that an administrative body, designed solely to deal with labor issues, would be the best way to deal with developing policy.

 

[Hawk1981]

The Wagner Act was bitterly opposed by business groups and by the Republican Party. These groups engaged in a campaign of opposition in order to repeal the law. This included encouraging employers to refuse to comply with the NLRB and supporting the nationwide filing of injunctions to keep the NLRB from functioning. The Supreme Court determined that the Wagner Act was constitutional in 1937.

Some labor groups also expressed reservations. The American Federation of Labor (AFL) thought the NLRB often favored the Congress of Industrial Organizations (CIO), particularly when determining whether to hold union elections in plant-wide, or wall-to-wall, units, which the CIO usually sought, or to hold separate elections in separate craft units, which the craft unions in the AFL favored. Compromise legislation was eventually passed by Congress to allow craft unions to seek separate representation of smaller groups of workers at the same time that another union was seeking a wall-to-wall unit.

 

[Hawk1981]

Over the years the Wagner Act was tempered with various amendments, and most notably by the Taft-Hartley Act of 1947, that outlaw a number of union practices such as closed shops, secondary boycotts, jurisdictional strikes, mass picketing, strikes in violation of contractual no-strike clauses, pension and health and welfare plans sponsored by unions and multi-employer bargaining.

The Wagner Act is arguably the most important piece of legislation to date protecting workers’ and unions’ rights. It involved the federal government in this protection and in arbitrating employer-employee disputes, a key step in preventing unjust treatment of workers. Before the law, employers had liberty to spy upon, question, punish, blacklist, and fire union members. A number of work stoppages in 1933 and 1934 included citywide general strikes and factory occupations by workers and led to hostile skirmishes between workers bent on organizing unions, and the police and hired security squads backing the interests of factory owners. Some historians maintain that Congress enacted the NLRA primarily to help stave off even more serious, and potentially revolutionary, labor unrest.

 

[whitehall]

The "right" to form labor organizations doesn't extend to forcing workers to pay dues if they refuse to join. Municipal unions can bankrupt small cities (and often do) while union leaders award themselves golden parachutes.

 

[Hawk1981]

In a decision handed down regarding National Labor Relations Board v. Jones & Laughlin Steel Corp, on April 12, 1937, the US Supreme Court decided 5 to 4 that the national government has power under the Commerce Clause to regulate labor relations.

Chief Justice Charles Evans Hughes wrote the majority opinion stating that companies cannot discriminate against employees for exercising their fundamental right to unionize. The Court upheld the Wagner Act of 1935, reasoning that it was narrowly constructed so as to regulate industrial activities which had the potential to restrict interstate commerce. The majority stated that any significant effect (direct or indirect) on interstate commerce allows Congress to regulate an activity under the Commerce Clause.

While the manufacturing process or relationships between labor and management may not have a direct impact on the flow of goods, they have an aggregate impact on commerce. In this case, the potential secession of manufacturing activity due to conflicts between management and labor could potentially impede interstate commerce.

 

[whitehall]

A 5-4 decision by a stacked supreme court isn't very impressive. A 6-3 supreme court decision in 1944 justified the incarceration of Japanese American citizens without due process.

 

[sealybobo]

The National Labor Relations Act (NLRA) of 1935 was designed to guarantee workers "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection."

Also known as the Wagner Act for New York Senator Robert F Wagner who introduced the bill, the National Labor Relations Act consisted of 5 provisions, all of which were written to increase worker rights:

1. The prohibition of management, or any other, to interfere, restrain or coerce employees in their rights of freedom of association, mutual aid or protection, self-organization, to form, join, or assist labor organizations, to bargain collectively for wages and working conditions through representatives of their own choosing, and to engage in other protected concerted activities with or without a union.

2. "Dominating" or interfering with the formation or administration of any labor organization.

3. Discriminating against employees to encourage or discourage acts of support for a labor organization.

4. Discriminating against employees who file charges or testify.

5. Refusing to bargain collectively with the representative of the employer's employees.

View attachment 336446

The Wagner Act of 1935 was designed to correct the problems associated with previous attempts at Labor relations, specifically the National Industrial Recovery Act (NIRA) of 1933. Drafted as an attempt to quell the effects of the Great Depression, the major component of the NIRA was the suspension of anti-trust laws and a support of the alliance of industries. Companies were required to establish industry wide "codes of fair competition" that fixed prices, wages and established quotas on the production of goods. In addition, employees were given collective bargaining rights and could not be required to abstain from joining a labor organization.

Besides correcting the issues that were found to be unconstitutional in the prior law, the Wagner Act added needed enforcement with the creation of the National Labor Relations Board (NLRB). The NLRB was designed to address a number of issues. It was widely believed that the federal court system was too overwhelmed, and had little experience, dealing with labor issues. It was also believed that the court system would not be a strong advocate for the enforcement of Labor rights. Congress noted that many issues involving labor policies could not be agreed upon by those currently in the government. For that reason it was believed that an administrative body, designed solely to deal with labor issues, would be the best way to deal with developing policy.

They were talking about this on a show I watched last night. THIS act is a perfect example of what created the middle class. It wasn't unregulated free market capitalism.

So look at this act, and tell me which party today would be for it and which would be against it. Then try to tell me that Republicans are not the party for the rich. For the Corporations.

Yes, Democrats are pro Corporations too. But they want labor to also have a seat at the table. Republicans do not. So all you idiots who are poor or middle class and voting Republican, wake the fuck up!!! Do you want your social security cut 20%? Keep voting GOP.

And notice Republicans liars or idiots say "unions are no longer necessary". That is the dumbest fucking thing I ever heard. They practically killed unions in the last 40 years and look what happened. The rich got richer, CEO pay went up 1322% while our pay only went up 18%.

National Labor Relations Act of 1935 - Wikipedia

en.wikipedia.org

 

[sealybobo]

The "right" to form labor organizations doesn't extend to forcing workers to pay dues if they refuse to join. Municipal unions can bankrupt small cities (and often do) while union leaders award themselves golden parachutes.

If it's a union company, you can't work there if you don't join the union. That's like saying you want all the benefits but you don't want to pay for them. Fuck that.

 

[sealybobo]

A 5-4 decision by a stacked supreme court isn't very impressive. A 6-3 supreme court decision in 1944 justified the incarceration of Japanese American citizens without due process.

And look at our stacked supreme court today. I'm sure these new justices would deem the Wagner act unconstitutional. But they are corporate hacks. Bought off by billionaires. Republican appointed judges and they try to pretend they aren't the party for the rich.

 

[DGS49]

Please take a step back for a moment. Unionism is socialism, which is evil. Under socialism, everyone gets the same pay and benefits regardless of how productive, diligent, or punctual they are, which we know discourages workers from doing their best, and indeed encourages goldbricking. The industries that have managed to thrive with organized labor have done so by implementing measures into the workforce that make it impossible for workers to slack off (e.g., the moving assembly line, automation), or do slovenly work. Those of us who are old enough remember that prudent car shoppers would check the assembly dates of their new cars, avoiding cars that were assembled on Monday or Friday because the workers were either slacking off or hung over on those days, which resulted in defects in the cars.

This is not to deny that employers were often bastards in the days before Unions (and to the present day), but Unions are a poor solution to that problem, substituting one problem for another.

Unions in the public sector are an abomination.

 

[sealybobo]

Please take a step back for a moment. Unionism is socialism, which is evil. Under socialism, everyone gets the same pay and benefits regardless of how productive, diligent, or punctual they are, which we know discourages workers from doing their best, and indeed encourages goldbricking. The industries that have managed to thrive with organized labor have done so by implementing measures into the workforce that make it impossible for workers to slack off (e.g., the moving assembly line, automation), or do slovenly work. Those of us who are old enough remember that prudent car shoppers would check the assembly dates of their new cars, avoiding cars that were assembled on Monday or Friday because the workers were either slacking off or hung over on those days, which resulted in defects in the cars.

This is not to deny that employers were often bastards in the days before Unions (and to the present day), but Unions are a poor solution to that problem, substituting one problem for another.

Unions in the public sector are an abomination.

I'm so sick of this "socialism" or "socialism is evil". No it's not. When Capitalism fails, socialism is what we fall back on.

So when corporations refuse to pay the workers their fair share, and we see CEO pay went up 1322% in the same time ours wen't up 18%, guess what fool? I don't care what you call it. It's not evil to fight for our fare share.

It's stupid of you to not. What do you do for a living? You probably aren't an underpaid blue collar worker.

 

[sealybobo]

Please take a step back for a moment. Unionism is socialism, which is evil. Under socialism, everyone gets the same pay and benefits regardless of how productive, diligent, or punctual they are, which we know discourages workers from doing their best, and indeed encourages goldbricking. The industries that have managed to thrive with organized labor have done so by implementing measures into the workforce that make it impossible for workers to slack off (e.g., the moving assembly line, automation), or do slovenly work. Those of us who are old enough remember that prudent car shoppers would check the assembly dates of their new cars, avoiding cars that were assembled on Monday or Friday because the workers were either slacking off or hung over on those days, which resulted in defects in the cars.

This is not to deny that employers were often bastards in the days before Unions (and to the present day), but Unions are a poor solution to that problem, substituting one problem for another.

Unions in the public sector are an abomination.

Unions created the best middle class this planet has ever seen. Unions are the solution my friend. All over the world. Without them workers have nothing.

What's your solution if they are a poor solution?

We saw Republicans waged war on unions starting with Reagan. And in that time, union membership went from 35% of our work force to 5%. And our pay only went up 18%. But CEO pay went up 1322%.

What's your solution to this?

I will say unions are not perfect. For one, they defend pieces of shit. At least they did back when my dad was in a union at Ford. The other thing is unions are easily corrupted by the mafia. I watched a show on the mafia last night. The unions have always been easy pickings for the mafia because the head of the union lives in the neighborhood and can be threatened.

 

[sealybobo]

Please take a step back for a moment. Unionism is socialism, which is evil. Under socialism, everyone gets the same pay and benefits regardless of how productive, diligent, or punctual they are, which we know discourages workers from doing their best, and indeed encourages goldbricking. The industries that have managed to thrive with organized labor have done so by implementing measures into the workforce that make it impossible for workers to slack off (e.g., the moving assembly line, automation), or do slovenly work. Those of us who are old enough remember that prudent car shoppers would check the assembly dates of their new cars, avoiding cars that were assembled on Monday or Friday because the workers were either slacking off or hung over on those days, which resulted in defects in the cars.

This is not to deny that employers were often bastards in the days before Unions (and to the present day), but Unions are a poor solution to that problem, substituting one problem for another.

Unions in the public sector are an abomination.

I'm going to show you what unions accomplished in 2023 and I want you to tell me what would have been a better solution than unions

• Healthcare
  In the largest healthcare strike in US history, 75,000 nurses and doctors at Kaiser Permanente won a 21% wage increase over four years.
• Auto
  UAW members won pay increases and other concessions from Detroit automakers after a simultaneous strike. The UAW strike of Ford Motor, Stellantis, and General Motors was the most newsworthy campaign of the year and received widespread public support.
• Hollywood
  Screenwriters won pay raises
• Other sectors
  Workers at Starbucks, casinos, fast food also won victories in 2023.