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Union Security and the Right to Work Laws: Is Coexistence Possible?
William & Mary Law Review Volume 2 (1959-1960) Issue 1 Article 3 October 1959 Union Security and the Right to Work Laws: Is Coexistence Possible? J. T. Cutler Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Labor and Employment Law Commons Repository Citation J. T. Cutler, Union Security and the Right to Work Laws: Is Coexistence Possible?, 2 Wm. & Mary L. Rev. 16 (1959), https://scholarship.law.wm.edu/wmlr/vol2/iss1/3 Copyright c 1959 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr UNION SECURITY AND RIGHT-TO-WORK LAWS: IS CO-EXISTENCE POSSIBLE? J. T. CUTLER THE UNION STRUGGLE At the beginning of the 20th Century management was all powerful and with the decision in Adair v. United States1 it seemed as though Congress was helpless to regulate labor relations. The Supreme Court had held that the power to regulate commerce could not be applied to the labor field because of the conflict with fundamental rights secured by the Fifth Amendment. Moreover, an employer could require a person to agree not to join a union as a condition of his employment and any legislative interference with such an agreement would be an arbitrary and unjustifiable infringement of the liberty of contract. It was not until the first World War that the federal government successfully entered the field of industrial rela- tions with the creation by President Wilson of the War Labor Board. Upon being organized the Board adopted a policy for- bidding employer interference with the right of employees to organize and bargain collectively and employer discrimination against employees engaging in lawful union activities2 . -
Capitalist Meltdo-Wn
"To face reality squarely; not to seek the line of least resistance; to call things by their right names; to speak t�e truth to the masses, no matter how bitter it may be; not to fear obstacles; to be true in little thi�gs as in big ones; to base one's progra.1!1 on the logic of the class struggle;. to be bold when the hour of action arrives-these are the rules of the Fourth International." 'Inequality, Unemployment & Injustice' Capitalist Meltdo-wn Global capitalism is currently in the grip of the most The bourgeois press is relentless in seizing on even the severe economic contraction since the Great Depression of smallest signs of possible "recovery" to reassure consumers the 1930s. The ultimate depth and duration of the down and investors that better days are just around thecomer. This turn remain to be seen, but there are many indicators that paternalistic" optimism" recalls similar prognosticationsfol point to a lengthy period of massive unemployment in the lowing the 1929 Wall Street crash: "Depression has reached imperialist camp and a steep fall in living standards in the or passed its bottom, [Assistant Secretary of Commerce so-called developing countries. Julius] Klein told the Detroit Board of Commerce, although 2 'we may bump along' for a while in returningto higher trade For those in the neocolonies struggling to eke out a living levels " (New Yo rk Times, 19 March 19 31).The next month, on a dollar or two a day, this crisis will literally be a matter in a major speech approved by President Herbert Hoover, of life and death. -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Revolutionary Syndicalist Opposition to the First World War: A
Re-evaluating syndicalist opposition to the First World War Darlington, RR http://dx.doi.org/10.1080/0023656X.2012.731834 Title Re-evaluating syndicalist opposition to the First World War Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/19226/ Published Date 2012 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. Re-evaluating Syndicalist Opposition to the First World War Abstract It has been argued that support for the First World War by the important French syndicalist organisation, the Confédération Générale du Travail (CGT) has tended to obscure the fact that other national syndicalist organisations remained faithful to their professed workers’ internationalism: on this basis syndicalists beyond France, more than any other ideological persuasion within the organised trade union movement in immediate pre-war and wartime Europe, can be seen to have constituted an authentic movement of opposition to the war in their refusal to subordinate class interests to those of the state, to endorse policies of ‘defencism’ of the ‘national interest’ and to abandon the rhetoric of class conflict. This article, which attempts to contribute to a much neglected comparative historiography of the international syndicalist movement, re-evaluates the syndicalist response across a broad geographical field of canvas (embracing France, Italy, Spain, Ireland, Britain and America) to reveal a rather more nuanced, ambiguous and uneven picture. -
Working to Contract and Working to Rule
UCU dispute 2011 Working to contract and working to rule Guidance for UCU branches and members Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters. -
Nber Working Paper Series the Surprising Retreat Of
NBER WORKING PAPER SERIES THE SURPRISING RETREAT OF UNION BRITAIN John Pencavel Working Paper 9564 http://www.nber.org/papers/w9564 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 March 2003 The views expressed herein are those of the author and not necessarily those of the National Bureau of Economic Research. ©2003 by John Pencavel. All rights reserved. Short sections of text not to exceed two paragraphs, may be quoted without explicit permission provided that full credit including ©notice, is given to the source. The Surprising Retreat of Union Britain John Pencavel NBER Working Paper No. 9564 March 2003 JEL No. J5 ABSTRACT After expanding in the 1970s, unionism in Britain contracted substantially over the next two decades. This paper argues that the statutory reforms in the 1980s and 1990s were of less consequence in accounting for the decline of unionism than the withdrawal of the state’s indirect support for collective bargaining. The principal goal of the reforms was to boost productivity so the paper examines the link between unions and productivity finding only a small association by the end of the 1990s. Private sector unionism has become highly decentralized which renders it vulnerable to the vagaries of market forces. John Pencavel Department of Economics Stanford University Stanford, California 94305-6072 The Surprising Retreat of Union Britain John Pencavel* I. Introduction An assessment of unionism in a society may be organized around three classes of questions: do unions produce a better distribution of income in society?; do unions contribute to a more efficient society?; and do unions enhance a society’s “social capital”?1 The first two questions are the familiar distributional and efficiency considerations that figure in any interesting economic question. -
The Collective Agreement for the Union Shop
THE COLLECTIVE AGREEMENT FOR THE UNION SHOP LEON M. DEsPSs* NKNOWN to the courts a half century ago, the "closed shop" or union shop contract has received increasing judicial attention, particularly during the last fifteen years. With union organiza- tion itself formerly illegal, the union shop contract was, of course, also illegal. With judicial acceptance of union organization, however, the judi- cial attitude toward the union shop contract has undergone an important and exceedingly interesting development, which it is the purpose of this article to trace. At the outset, a preliminary question of terminology is posed. Like its counterpart "open shop," the term "dosed shop" rings with overtones and conflicts; "open shop" and "closed shop" have become "but battle cries in the conflict between employers and labor organizations over the problem of unionization."' Formerly the meaning of the terms "open shop" and "closed shop" was quite different from their present meaning. A "closed shop" was an unfair shop in which a union had forbidden its mem- bers to work; and an "open shop" was a shop in which a union permitted its members to work. Declaring a shop "open" was equivalent to calling off a strike or boycott.2 The change in meaning occurred about 189o. Al- though perhaps first used by unionists, the term "closed shop" was seized upon by employers to obtain the greatest possible advantage in publicizing its unfavorable connotations. Trade unionists have often since condemned the term, saying that the only closed shop is the so-called "open shop" which is really closed to union members.3 "Open shop" and "closed shop" have thus become catchwords which obscure the underlying issues; and to avoid the use of those terms, this article will use the term "union shop," * Member of the Illinois Bar. -
Michigan Laborlabor Law:Law: Whatwhat Everyevery Citizencitizen Shouldshould Knowknow
August 1999 A Mackinac Center Report MichiganMichigan LaborLabor Law:Law: WhatWhat EveryEvery CitizenCitizen ShouldShould KnowKnow by Robert P. Hunter, J. D., L L. M Workers’ and Employers’ Rights and Responsibilities, and Recommendations for a More Government-Neutral Approach to Labor Relations The Mackinac Center for Public Policy is a nonpartisan research and educational organization devoted to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policy makers, scholars, business people, the media, and the public by providing objective analysis of Michigan issues. The goal of all Center reports, commentaries, and educational programs is to equip Michigan citizens and other decision makers to better evaluate policy options. The Mackinac Center for Public Policy is broadening the debate on issues that has for many years been dominated by the belief that government intervention should be the standard solution. Center publications and programs, in contrast, offer an integrated and comprehensive approach that considers: All Institutions. The Center examines the important role of voluntary associations, business, community and family, as well as government. All People. Mackinac Center research recognizes the diversity of Michigan citizens and treats them as individuals with unique backgrounds, circumstances, and goals. All Disciplines. Center research incorporates the best understanding of economics, science, law, psychology, history, and morality, moving beyond mechanical cost/benefit analysis. All Times. Center research evaluates long-term consequences, not simply short-term impact. Committed to its independence, the Mackinac Center for Public Policy neither seeks nor accepts any government funding. It enjoys the support of foundations, individuals, and businesses who share a concern for Michigan’s future and recognize the important role of sound ideas. -
Trade Unions and Labour Conflicts: Social Movement and Radical Political Unionism in France and Italy
Italian Political Science, VOLUME 14 ISSUE 3, FEBRUARY 2020 Trade unions and labour conflicts: Social movement and radical political unionism in France and Italy Katia Pilati UNIVERSITY OF TRENTO Sabrina Perra UNIVERSITY OF CAGLIARI Abstract This article explores differences in labour conflicts in Italy and France by focusing on the characteristics of the most prominent structures of worker mobilization: trade unions. Despite several similarities between the French and Italian industrial relations systems, and despite the fact that trade union density in Italy is more than three times greater than it is in France, France is one of the few European countries in which the average strike volume increased after the Great Recession. Protests in France also peaked in the pre-crisis period, while Italy did not show any wave of contention. We contend that the nature and level of labour conflicts observed in the two countries in the last two decades depend on alliances between trade unions and other social groups and organ- izations sustaining worker mobilization, specifically, social movement organizations. In particular, we argue that labour conflicts are related to the characteristics of social movement unionism. Evidence from cases studies in France and Italy suggests that the role of trade unions and their alliances has been different in the two countries. Confederal trade unions in France have been able to engage in social movement unionism within broader coa- litions involving other social categories and social movement organizations. In contrast, in Italy, these dynamics have mostly involved small rank-and-file unions and self-organized workers’ groups engaged in radical political unionism. -
Does Strike Action Stimulate Trade Union Membership Growth? Hodder, Andrew; Williams, Mark; Kelly, John; Mccarthy, Nick
University of Birmingham Does strike action stimulate trade union membership growth? Hodder, Andrew; Williams, Mark; Kelly, John; McCarthy, Nick DOI: 10.1111/bjir.12188 License: Creative Commons: Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) Document Version Peer reviewed version Citation for published version (Harvard): Hodder, A, Williams, M, Kelly, J & McCarthy, N 2017, 'Does strike action stimulate trade union membership growth?', British Journal of Industrial Relations, vol. 55, no. 1, pp. 165-186. https://doi.org/10.1111/bjir.12188 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is the peer reviewed version of the following article: Does strike action stimulate trade union membership growth? , which has been published in final form at 10.1111/bjir.12188. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. -
Opening the Closed Shop
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Texas A&M Repository OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS December 2004 Major Subject: History OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Approved as to style and content by: _________________________ _________________________ David Vaught Robert Resch (Chair of Committee) (Member) _________________________ _________________________ Gregory Pappas Walter Buenger (Member) (Head of Department) December 2004 Major Subject: History iii ABSTRACT Opening the Closed Shop: The Galveston Longshoremen’s Strike, 1920-1921. (December 2004) Joseph Anthony Abel, B.A., University of Houston Chair of Advisory Committee: Dr. David Vaught Beginning in March of 1920, the Galveston coastwise longshoremen’s strike against the Morgan-Southern Pacific and Mallory steamship lines was a pivotal moment in the history of organized labor in Texas. Local and statewide business interests proved their willingness to use the state apparatus by calling on Governor William P. Hobby and the Texas National Guard to open the Port of Galveston. Despite this, the striking dockworkers maintained the moral support of many local citizens from a variety of social classes, including small merchants and officials of the Galveston municipal government. By February of 1921, however, the segregated locals representing the striking longshoremen had fallen victim to the divisive racial tactics of the shipping companies, who implemented the open-shop policy of non-discrimination in hiring on their docks. -
Precarious Work in Asia Pacific Has Been Identified by Trade Unions Across the Region As a Central Concern for Working People
A 10 country study by The International Trade Union Confederation (ITUC) and ITUC Asia-Pacific 2014 Asia Pacific Region Precarious work in the work Precarious FOREWARD ..........................................................................................................................................5 INTRODUCTION ....................................................................................................................................7 COUNTRY PROFILES ...........................................................................................................................13 Australia .............................................................................................................................................14 Cambodia ...........................................................................................................................................19 Indonesia............................................................................................................................................23 Japan .................................................................................................................................................29 Contents Korea, Republic of ...............................................................................................................................37 Nepal .................................................................................................................................................47 New Zealand ......................................................................................................................................52