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Download The SPECIAL ANALYSIS NATIONAL LABOR POLICY National High School Debate Series AMERICAN ENTERPRISE INSTITUTE FOR PUBLIC POLICY RESEARCH 1200-17TH STREET, N. W.-WASH/NGTON, D.C. 20036 THE AMERICAN ENTERPRISE INSTITUTE FOR PUBLIC POLICY RESEARCH, established in 1943, is a nonpartisan research and educational organization which studies naHonal policy problems. Institute publications toke two major forms: l. LEGISLATIVE AND SPECIAL ANALYSES - factual analyses of current legislative proposals and other public policy issues before the Congress prepared with the help of recognized experts in the academic world and in the fields of low and government. A typical onolysis features: (1) pertinent background, (2) a digest of significant elements, and (3) a discussion, pro and con, of the issues. The reports reflect no policy position in favor of or against specific proposals. 2. LONG-RANGE STUDIES - basic studies of major national problems of significance for public policy. The Institute, with the counsel of its Advisory Board, utilizes the services of competent scholars, but the opinions expressed are those of the authors and represent no policy position on the part of the Institute. ADVISORY BOARD Pau I W. McCracken, Chairman Professor, Graduate Sch ool of Business Administration, University of Michigan Karl Brandt Loy W. Henderson Professor of Economic Policy Director, Center for Diplomacy Emeritus and Foreign Policy Stanford University American University Felix Morley Mi I ton Friedman Editor and Author Paul S. Russell Distinguished Service Professor of Economics Stanley Parry Univers ity of Chicago Pr ofessor, Department of Political Science University of Notre Dame Gottfried Haberler Galen L. Stone Professor E. Blythe Stason of ln temationa I Trade Deon Emeritus, Law School Harvard University University of Michigan George E. Taylor Director, Far Eastern & Russian Institute University of Washington OFFICERS Chairman Carl N. Jacobs Vice Chairmen Walter C. Beckjord Henry T. Bodman H. C. Lumb President Treasurer William J. Baroody Henry T. Bodman Thomas F. Johnson Joseph G. Butts Director of Research Director of Legislative Analysis Howard Friend Earl H. Voss Director of Public Finance Analysis Director of International Studies 89th CONGRESS ANALYSIS NO. 12 FIRST SESSION JUNE 17, 1965 TABLE OF CONTENTS PREFACE ---------------------------------------------------- vi Chapter I. THE GROWTH OF LABOR UNIONS AND PUBLIC POLICY ------ 1 I. The Growth of Labor Before 1932 -------------- 1 A. First Labor Unions ---------------------- 1 B. Union Growth and the Business Cycle ----- 2 C. The Evolution of Union Structure -------- 3 D. Labor Unions and the Courts ------------- 5 II. The Growth of Statutory Regulation of Labor Unions ------------------------------------- 6 A. Norris-La Guardia Act (1932) ------------ 6 B. The Wagner Act (1935) ------------------- 7 C. The Formation of the CIO ---------------- 8 D. Labor-Management Relations During World War II -------------------------------- 9 III. Taft-Hartley to the Present ------------------ 10 A. The Taft-Hartley Act (1947) ------------- 10 B. The Landrum-Griffin Act (1959) ---------- 12 IV. Labor Union Growth Trends and Collective­ Bargaining Activities ---------------------- 12 A. Recent Labor Union Growth --------------- 12 B. Collective-Bargaining Activities -------- 14 Bibliography -------------------------------- 17 II. THE LAW OF LABOR-MANAGEMENT RELATIONS ------------- 20 Introductory Essay -------------------------- 20 I. The Taft-Hartley Act of 1947 ----------------- 20 A. Union Unfair Labor Practices ------------ 21 B. Other Provisions Affecting Unions ------- 22 C. National Emergency Strike Provisions ---- 22 D. Taft-Hartley and the Employer ----------- 23 E. Taft-Hartley and the Individual Worker -- 23 II. The Landrum-Griffin Act of 1959 -------------- 24 A. Landrum-Griffin and the Individual Worker:. Union Democracy -------------- 25 i Chapter Page .II. (Continued) B. Landrum-Griffin and Trusteeships -------- 26 C. Landrum-Griffin Safeguards on Use of Union Funds --------------------------- 26 0. Landrum-Griffin and Internal Union Affairs ------------------------------- 27 E. Landrum-Griffin Amendments to the Taft­ Hartley Act --------------------------­ 27 F. The Right to Strike Under Taft-Hartley and Landrum-Griffin ------------------- 29 1. Strikes Contrary to Public Policy 29 2. Strikes During the Term of a Collective-Bargaining Agreement 29 3. Strikes by Government Employees ----- 30 4. Jurisdictional Strikes -------------- 30 G. Mediation and Conciliation Service -----­ 30 III. The Railway Labor Act -----------------------­ 31 IV. The Civil Rights Act of 1964 ----------------­ 32 A. The Civil Rights Act and the Employer --- 33 8. The Civil Rights Act and the Labor Union --------------------------------- 34 C. What Happens to State and Local Fair Employment Laws? ---------------------­ 34 v. How the National Labor Relations Board Oper- ates --------------------------------------- 35 VI. The Antitrust Law and Organized Labor -------­ 37 VII. State Regulation of Labor Management Relations 37 A. Types of State Labor Relations Acts ----- 37 1. "Little Wagner Acts" ---------------- 37 2. "Little Taft-Hartley Acts" ---------- 38 3. "Little Landrum-Griffin Acts" ------- 38 4. State Right-to-Work Laws ------------ 38 8. Enforcement and Administration of State Labor Relations Laws -----------------­ 38 C. Relations Between State and Federal Law - 39 VIII. Conclusion 40 4 Questions for Discussion and Review --------- 2 Bibliography -------------------------------- 44 III. COMPULSORY ARBITRATION ---------------------------- 46 I. Introduction --------------------------------- 46 II. The Debate Proposition ----------------------- 46 A. Program of Compulsory Arbitration ------- 46 B. Basic Industries ------------------------ 47 C. Labor-Management Disputes --------------- 48 ii Chapter Page III. (Continued) III. The Case for Compulsory Arbitration ---------- 48 A. Do Serious Problems Exist Now?---------- 48 B. Is the Problem Inherent?---------------- 53 c. Will Compulsory Arbitration Solve These Problems? ----------------------- 55 IV. The Case Against Compulsory Arbitration ------ 57 A. There Is No Serious Problem ------------- 57 B. Is the Problem of Strikes in Basic In­ dustries Inherent in the Present System? ------------------------------- 60 c. Will Compulsory Arbitration Solve the Problem? ------------------------------ 61 D. Will Compulsory Arbitration Create Greater Problems Than It Will Solve? ---------- 62 Questions for Discussion and Review --------- 65 Bibliography -------------------------------- 66 IV. THE FUTURE OF INDUSTRY-WIDE COLLECTIVE BARGAINING - 77 Introductory Essay -------------------------- 77 I. What is Industry-Wide Collective Bargaining? - 77 II. Development and Functions of Industry-Wide Bargaining --------------------------------- 79 A. Who Desires Industry-Wide Bargaining? --- 80 B. Why Does Labor Often Favor Industry-Wide Bargaining? --------------------------- 81 C. Why Do Some Employers Favor Industry-Wide Bargaining? --------------------------- 82 III. The Case Against Industry-Wide Bargaining ---- 84 A. Does Industry-Wide Bargaining Hurt the Economy and the Public Interest? ------ 84 1. Is Industry-Wide Bargaining A Cause of Inflation? --------------------- 84 2. Industry-Wide Bargaining and the Threat of Strikes ----------------- 87 3. Industry-Wide Bargaining and the Economy: Other Problems ---------- 88 B. Does Industry-Wide Bargaining Hurt Em­ ployers and Management? --------------- 89 C. Does Industry-Wide Bargaining Hurt Or­ ganized Labor and the Worker? --------- 91 IV. The Other Side: The Case for Industry-Wide Bargaining--------------------------------- 92 V. The Affirmative Plan: How Might Industry-Wide Bargaining Be Outlawed? -------------------- 93 iii Chapter Page IV. (Continued) A. Restrict the Industrial Size of Unions -- 94 B. Prohibit Bargaining With Competing Employers ---------------------------�- 94 C. Restrict the Geographical Size of Unions- 95 D. Prohibit Industry-Wide Bargaining Activi­ ties by Unions of Any Size ------------ 95 E. Prohibit Interference With the Autonomy of the Local Union -------------------- 96 F. Subject Organized Labor to the Antitrust Laws ---------------------------------- 96 G. Prohibit Industry-Wide Bargaining Which Tends Substantially to Lessen Competi- tion ---------------------------------- 98 H. Conclusion: Implications for the Debater 99 Questions for Discussion and Review --------- 100 Bibliography -------------------------------- 102 V. A NATIONAL RIGHT-TO-WORK LAW ------------------------ 108 Introductory Essay -------------------------- 108 I. What is A Right-to-Work Law? ----------------- 109 II. Union Security Under Federal Law ------------- 109 A. Taft-Hartley Bans the Closed Shop ------- 110 B. Landrum-Griffin Permits the Return of A Limited Closed Shop ------------------- 110 c. Union Security Under the Railway Labor Act ----------------------------------- 111 D. What Forms of Union Security Does the Present Law Permit? ------------------- 111 III. The Case For Voluntary Unionism -------------- 114 A. Workers Should Not Be Forced To Join Unions Because It Violates Their Basic Rights -------------------------- 114 1. Should Workers Be Forced to Support Corrupt Unions? ------------------- 115 2. Should A Worker Be Forced To Remain In A Union Which Supports Political Doc­ trines And Candidates Which May Not Be His Own? ----------------------- 116 3. Should Individuals Be Forced to Join Unions
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