Evolution of the Legal Status of American Unions

Colorado State University-Global

Evolution of the Legal Status of American Unions

HRM 516: Effective Labor Management

Dr. Maryann Lamer

17 September 2016

Abstract

Since the 1800’s America’s government has constantly intervened in labor disagreements. In most of these cases the government has sided with the employers. In the early days employers would label the activities of the unions, especially strikes, as illegal conspiracies (Shmoop Editorial Team, 2008). The courts often viewed the principles of unions as being based on intimidation. Liberty of employers, and of employees, were the foundation for freedom that the early courts were trying to uphold and they saw the unions as a force that looked to take these freedoms away.

Violent behavior became the norm between unions and the employers that they disagreed with in the later parts of the nineteenth century. This time period turned into a revolution with strikes, political sabotage, brutal violence and assassinations (Industrial workers, 2004). These conflicts helped to push legislation that empowered employers.

Evolution of the Legal Status of American Unions

Labor Laws

Sherman Antitrust Act

The Sherman Antitrust Act of 1890 was instituted because employers complained that striking unions were illegally controlling trade. The law forbids restraint of commerce across state lines and the courts ruled that boycott’s and strikes were covered under this law (Shmoop Editorial Team, 2008). Ironically this law was passed by reformist who wished to put a stop to the abuses of monopolies and business interest groups, not to limit unions.

Railway Labor Act

Years of widespread violent strikes by railroad laborers often ended with workers pitted against soldiers. In 1924 President Coolidge recommended that railroad companies and unions forge legislation to reduce railroad shutdowns and to promote a better work environment between each other. The railroad companies and their unions drafted a resolution for better labor relations and it was signed into law by President Coolidge in 1926 (Belke, 2013).

The Railway Labor Act now applies to air carriers and railroads. The major purposes of the Act are avoiding service interruptions, eliminating restrictions against joining unions, and providing for fast dispute settlements (Fossum, 2012). This Act covers all employees