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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
for better wages and working conditions. This, in turn, forced workers to resort to striking or other collective actions as a means of protest. Repeated and continuous striking combined with the lackluster conditions for those who remained actively working further hindered the efficient flow of commerce and intensified recurring business depressions. During this time-period, the United States was in the middle of the great depression. More than one-fifth of the population was unemployed, and workers lived in constant fear of losing their jobs. Members of trade unions were often threatened with dismissal by their uncompromising employers, and average personal income was incredibly low across the board. Working class citizens, struggling to provide for their families, were in desperate need of proper representation for themselves and recognition by their employers. The National Labor Relations Act (known less formally as the Wagner Act) offered union members necessary support, and reaffirmed their rights by law to organize and bargain with employers. The National Labor Relations Board also offered proper protection against unfair labor practices and set up offices aimed to counsel union representatives in ways to productively negotiate with their employers. The act helped to stabilize working conditions and competitive wage rates, while overall improving the relationships between workers and employers. If the Wagner Act had not been put into effect, it is very likely that in-business relations would have continued to aggravate, and could have devolved enough to further worsen the ongoing depression. However, due to its implementation, this did not occur and relations were able to improve over time. The NLRB proved sufficiently effective to aid in the processes of bargaining, and remains in operation to this day.
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...
President Franklin D. Roosevelt’s New Deal was a package of economic programs that were made and proposed from 1933 up to 1936. The goals of the package were to give relief to farmers, reform to business and finance, and recovery to the economy during the Great Depression.
Unions are voluntary associations joined by workers. The Combination Act of 1800, which hindered the growth of unions, states that every workman's goal, who are entering into any combination should not be obtaining an advance of wages, or to lessen or alter the hours, or influencing any other to quit his work. Any workman who did so shall be committed to jail (Doc 1). Although the Combination Act of 1800 prevented the growth of unions, Ralph Chaplin believes that a worker should join the union. He states that there can be no power greater anywhere beneath the sun, but the unions, which makes it strong (Doc 2). Since there's so many workers working in bad conditions, the labor laws came to action.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
U.S. Labor History Unionism can be described as "a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment" (Smelser). This means that a group of workers can unite to gain more power and leverage in bargaining. The bargaining process may include many aspects but usually consists of wages, benefits, terms and conditions of employment. The notion of union came about in the 1700's. In the beginning, as it is today, workers united to "defend the autonomy and dignity of the craftsman against the growing power of the company" (Montgomery).
against their employers, employees were able to go on strike and prove a point. Some
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....
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
...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.