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Perspectives on industrial relations
Fair Labor Standards Act of 1938
Fair Labor Standards Act of 1938
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The National Labor Relations Act of 1935 is a statute enacted to guarantee the rights of private sector employees to form trade unions, engage in collective bargaining with employers, and take collective action (striking for example) if necessary. It also created the National Labor Relations Board (NLRB) in order to enforce the act, aid in the collective bargaining process, and investigate and remedy unfair labor practices. This came about after years of unrest amongst the working class and the negative effects unfair labor practices were having on commerce. Prior to the law taking effect July 6th, 1935, many employers refused to take part in collective bargaining with employees, denying their rights to organize labor unions and negotiate
The National Labor Relations Act was proposed by the Democratic Senator Robert F. Wagner of New York in 1933 and enacted by Congress on July 5, 1935. The National Labor Relations Act (according to U-S-History.com “National Labor Relations Act”) “required employers to acknowledge labor unions that were favored by a majority of their work forces.” Essentially, the National Labor Relations Act established collective bargaining rights for employees, however there were certain limitations and regulations required. Viewed by some as the “Magna Carta of American labor”, others believe the implementation of this law may have been pushed along “to help stave off…potentially revolutionary…labor unrest” (“National Labor Relations Act”). Both Samuel Gompers and Bill Haywood are important figures in the labor movement, but I believe that they would have opposing viewpoints on the NLRA.
“Industrial unions dominated the landscape of the late nineteen century U.S. labor movement.” They gathered all level workers together without discrimination of gender, race, or nationality. They declared the eight-hour workday for the first time when normal work time should be 12. Low wage of workers caused the “Great Strike of 1877”, which began with railroad workers in Pennsylvania and West Virginia. After the “Great Strike”, industrial union started to
They concentrated on higher wages, shorter hours, and personal issues of workers. The American Federation of Labor’s main weapon was walkouts and boycotts to get industries to succeed to better conditions and higher wages. By the early 1900’s, its membership was up to ½ million workers. Through the years since The Great Depression, labor unions were responsible for several benefits for employees. Workers have safer conditions, higher paying jobs to choose from, and better benefits negotiated for them by their collective bargaining unit.
The Wagner Act was passed by senate in May of 1935, passed by the White House in June and officially made a law by President Roosevelt signing on July 5th 1935. The Wagner act affected trade, traffic and transportation workers. It enabled for a set of rules and regulations to be enforced between employer and employee to serve for better treatment of employees. Originally the government embodied hands off approach when it came to disputes between employer and employee only stepping in to mediate, but not fix. Yet under the signature of Roosevelt and the idea of Senator Wagner that all changed. Under the Wagner Act workers were allowed to create unions and obtain a voice in the workplace through protests. Employers were not allowed to interfere with the workers protests or formed unions. Under the Wagner Act employees were prohibited from mistreatment of workers i.e. overworking, underpaying, working in unsafe conditioned etc. They were also not allowed to be discriminatory toward employees who felt the need to file charges or testify against the employer. Under the Wagner Act employers were not allowed to try and restrain employees from their rights as well as persuade or interfere with them. Lastly The Wagner Act prohibited employers from refusing or unfairly collaborating or bargaining between the employer and the employee’s representative. The Wagner Act was a major step stone in establishing labor laws and fair treatment for workers and unions who often received little benefits or fair treatment, no protection or exploitation from employers in the form of interrogation, discipline, discharge, and blacklisted. Workers benefitted because they got better treatment and were more willing to work. The economy would also be more stabl...
One of FDR’s first orders of business was to respond to the need of reforming the banking system. FDR created the Emergency Banking Act that shut down all banks across the US and only allowed them to reopen upon government inspection. This proved effective as Americans began to restore their trust in the banking system. The EBA also demonstrated how government power was expanding, as the program allowed the government to ignore states’ and businesses’ rights to shut down the banks. In Document G, John L. Lewis praises the Wagner Act, which was FDR’s response to the “widespread labor unrest”. The Wagner Act addressed the concerns of workers over their rights as union members and ability to collectively bargain. The act proved effective as labor unrest began to dwindle. FDR took this chance to once again increase the government’s power by creating the National Labor Relations Board. The NLRB enforced the terms of the Wagner Act. The Wagner Act changed the role of the government by implying that social justice was now also on the government’s agenda of what to provide to citizens, in addition to ...
The FLSA began on a Saturday, June 25, 1938, President Franklin D. Roosevelt signed 121 bills, one of them being the landmark law in the Nation's social and economic development the Fair Labor Standards Act of 1938 ( Grossman, 1978). This law did not come easy, wage-hour and child-labor laws had made their way to the U.S. Supreme Court in 1918 in Hammer v. Dagenhart in which the Court by one vote held unconstitutional a Federal child-labor law. Similarly in Adkins v. Children's Hospital in 1923, the Court voided the District of Columbia law that set minimum wages for women, during the 1930's the Court's action on other social legislation was even more devastating (Grossman, 1978). Then came the New Deal Promise in 1933, President Roosevelt's idea of suspending antitrust laws so that industries could enforce fair-traded codes resulting in less competition and higher wages; It was known as the National Industrial Recovery Act (NRA) ( Grossman, 1978). The President set out "to raise wages, create employment, and thus restore business," the Nation's employers signed more than 2.
Key events in the history of labor unions such as the Homestead Strike, Haymarket Square Riot, and Pullman Strike have largely impacted union memberships. The passing of federal laws have also impacted union memberships. Additionally, federal laws have been enacted throughout the years that protect both employers and employees. These laws along with the labor relations, technological advances and globalization have greatly helped shape Human Resources into what it is today.
To begin, we need to look towards the first recorded instance of a labor union in the United States, a union known as the Federal Society of Journeymen Cordwainers (http://www.lovkoandking.com/federal-society-of-journeymen-cordwainers---commonwealth-v-pullis.html). In 1794, a group of cordwainers, shoemakers, in Philadelphia banded together to form the United States’ first form of organized labor union through a series of strikes....
...t ruled them as unconstitutional and the Progressives were back to the drawing board. Congress attempted to pass more of these laws in 1924, but “the conservative political climate of the 1920s, together with opposition from some church groups and farm organizations that feared a possible increase of federal power in areas related to children, prevented many states from ratifying it”( Yellowitz). Enforcement of reforms were also lackluster. In the case of child labor which was restricted in 1938, enforcement of said reform was said that “effectiveness in enforcement varies from state to state(Yellowitz). However, the push from Progressives were effective in setting the foundation for later vital laws. Without this push, who knows how much longer it would have taken for the government to pass social and economic regulations that the populace deems as normal today.
The Strike of 1934 displayed the power the organized labor had, and how the mistreatment of labor can shut down an entire city and coast. The timing was just right for the maritime workers to strike. The grips of the Great Depression fueled laborers to maintain and improve their quality of life and security for their families. Congresses investigation into the 1934 San Francisco Strike concluded that “the aspirations of labor which led to the strike were directed from the change in public opinion expressed in the National Industrial Recovery Act. The potentialities of a protected right to bargain collectively were quickly perceived by waterfront workers.
The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) was passed by Congress on June 25th, 1938. The main objective of the act was to eliminate “labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency and well-being of workers,”[1] who engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce. A major provision of the act established a maximum work week and minimum wage. Initially, the minimum wage was $0.25 per hour, along with a maximum workweek of 44 hours for the first year, 42 for the second year and 40 thereafter. Minimum wages of $0.25 per hour were established for the first year, $0.30 for the second year, and $0.40 over a period of the next six years.
The labor movement did not begin because of the Great Depression, it instead experienced a mass increase of strength due to the increasingly troublesome labor conditions of the era. Before the Depression, the United States faced small gains in the way of labor, like that of the Populist movement among farmers in the late 1800s and legislation in New York after the Triangle factory fire. While previous tragedies brought small successes, unions were able to organize more efficiently and hold mass demonstrations that largely shaped legislation. Some of the most influential demonstrations were the Minneapolis truck strikes. Brought about by the General Drivers 574 of International Brotherhood of Teamsters, ran on and off between May 16th and August 21st of 1934 (Labor’s Turning Point: Minneapolis Truck Strikes of 1934). 574 teamsters were successful in shutting down the cities trucking industry for a period of time and helping shape legislation using a vast selection of me...
The Norris-La Guardia Act of 1932 was one of the first major pieces of federal legislation establishing the rights of unions and union members. This act granted workers the right to organize and strike without fear of federal interference (CSU-Global, 2013). Norris-La Guardia limited the ability of the federal government and employers to engage in anti-union activities (Fossum, 2012). Workers were no longer required to sign “yellow dog contracts” which prevented them from joining unions and allowed dismissal due to union membership (Reed & Bogardus, 2012, p. 419). Although it legalized collective bargaining, the scope of Norris-La Guardia was somewhat limited because employers were not required to recognize labor unions established by employees (Fossum, 2012). Even so, passage of the Norris-La Guardia Act gave workers a foundation on which to as...
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).
This lead to in whites moving blacks out of jobs, they conventionally engaged. Racial wage differences (wages for black’s averaged 30 percent less than for whites) caused African Americans to participate in the Great Depression in stricter terms than whites. Finally, New Deal policies had tragic penalties for blacks. Because the Great Depression significantly reduced employment occasions in the North for blacks, the step of Southern black emigration slowed significantly during the 1930s. The Great depression though, increase the number of African Americans migrant workers. “The Great Depression also witnessed the entry of African Americans into the ranks of organized labor in unprecedented numbers. The formation in 1938of the Congress of Industrial Organizations, an outgrowth of the American Federation of Labors Committee for Industrial Organization established in 1935, was crucial to this development”