Introduction
The term “Law of the Jungle” is an expression often meaning “every man for himself,” “survival of the fittest” or “anything goes.” A term that also referred to as the time period prior to the Wagner Act enacted in 1935. A time in which collective bargaining existed in theory but not fairly practice between unions and employers. When practiced fairly, collective bargaining allows workers to achieve a form of democracy within the workplace; thus allowing for a form of rules to be upheld by both the employer and the employees. Unions have given employees a platform in which their voices will be heard. This paper will provide an overview of both the pre-Wagner Act days and the influential post 1932 collective bargaining statutes, as well as the advisability of eliminating the post-1932 statutes.
Pre 1932
From the beginning of labor unions we have seen dramatic ups and downs resulting in almost complete devastation on various occasions. Union membership started out strong with 300,000 members in 1836, but fell drastically to only 50,000 members in 1878 following the countries deep five year economic depression. As a result of unions weakening, employers began to turn against what was left of the organized labor unions. They engaged in frequent lockouts, hired spies to ferret out union sympathizers, circulated the names of such sympathizers to fellow employers creating black-lists, and engaged the service of strikebreakers on a widespread scale. (Slone/Witney, 2010) In response to such attacks by the employers, both unionists and nonunionized workers retaliated. Secret societies were formed were formed, the most infamous Molly Maguires were known for their murders and acts of arson. Unfortunately most...
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...e is a need for to find, not an alternative to labor-management relations, but ways of improving/updating the exiting process.
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To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
Modern democratic ideas were sprouting in America, especially within the organized labor movement from 1875 to 1900. During this period, blue-collar industrial Americans sought to abate their plight through the formal use of collective bargaining and the voice of the masses; seeking to use their strength in numbers against the pocket-heavy trusts. America’s rise in Unions can be traced back to 1792, when workers in Philadelphia formed America’s first union which instituted the avant garde method collective bargaining. It is because of these grass roots that America’s organized labor has continued to grow to this day, however not unchallenged. The challenges unions face today stem directly from the challenges faced in 1875. The organized labor movement from 1875 to 1900 is to blame for the problems unions face today as early labor unions crucified themselves politically, alienated themselves socially and failed to increase the socio-economic position of the worker, and in many cases only succeeded in worsening such positions.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Throughout the history of the United States of America the continuation of misfortunes for the workforce has aggravated people to their apex, eventually leading to the development of labor unions.
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Beginning in the late 1700’s and growing rapidly even today, labor unions form the backbone for the American workforce and continue to fight for the common interests of workers around the country. As we look at the history of these unions, we see powerful individuals such as Terrence Powderly, Samuel Gompers, and Eugene Debs rise up as leaders in a newfound movement that protected the rights of the common worker and ensured better wages, more reasonable hours, and safer working conditions for those people (History). The rise of these labor unions also warranted new legislation that would protect against child labor in factories and give health benefits to workers who were either retired or injured, but everyone was not on board with the idea of foundations working to protect the interests of the common worker. Conflict with their industries lead to many strikes across the country in the coal, steel, and railroad industries, and several of these would ultimately end up leading to bloodshed. However, the existence of labor unions in the United States and their influence on their respective industries still resonates today, and many of our modern ideals that we have today carry over from what these labor unions fought for during through the Industrial Revolution.
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Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
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The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...
Labor relations emerged as response towards combating the economic unrest that accompanied the 1930 Great depression. At this period, massive unemployment, decreasing salary and wages, and over competition for jobs despite poor working conditions, was being experience; especially in the US. In turn employees were aggravated and therefore resorted to labor strike that often escalated to violence. To avoid such incident that could potentially harm further an ailing economy, the US government set precedent by passing their first related Labor relationship act, also referred to as the Wagner act. This act excluded public sector and some employees in the informal sector, farm workers to be specific. However, the progressive change in business and labor environment, necessitated changes in the labor laws to ensure they are more inclusive (Haywood & Sijtsma, 2000).
Holley, William H, Kenneth M. Jennings, and Roger S. Wolters. The Labor Relations Process. Mason, OH: South-Western Cengage Learning, 2012. Print.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition