Taft-Hartley Act

    Taft-Hartley Act (Labor-Management Relations Act)



    The Taft-Hartley Act (Labor-Management Relations Act, 1947) attempted to reduce the power of organized labor in the United States through changes in the Wagner Act (National Labor Relations Act, 1935). After World War II, pent-up consumer demand created economic growth, and workers who had been constrained from strikes or other labor actions during the war asserted their demands. Political sentiment shifted from pro-labor during the Roosevelt years to a more conservative, pro-business environment. Taft-Hartley was passed over President Harry Truman’s veto and included the following provisions.
    • declared certain acts by labor as unfair union practices
    • prohibited closed-shop agreements
    • granted states the right to enact right-to-work laws
    • restricted the use of secondary pressure by unions
    • created the Federal Mediation and Conciliation Service
    • expanded membership on the National Labor Relations Board
    • granted the president power to intervene in “national emergency” disputes
    • created the right for unions to sue and be sued
    • recognized free-speech rights of union members
    • recognized the right of individuals to refrain from union activity
    • restricted the power of unions to control pension and other funds

    Taft-Hartley declared certain union activities as unfair, including refusal to bargain with employers, coercing employees to join unions, and causing an employer to discriminate against a worker who is not a union member. Unions requiring membership as a condition of employment (closed shops), and conducting strikes or boycotts against third parties with which the union has no real dispute in order to gain leverage against an employer (secondary pressure) were in violation of Taft-Hartley. featherbedding—using a union contract to force an employer to pay for work not actually performed—was also declared an unfair labor practice. Taft-Hartley is most known for its “cooling-off” period for strikes. The president can invoke a 60-day injunction period for strikes that would endanger national safety or health. Presidents have often used this provision to intervene in disputes by police and sanitation unions and during periods of national emergencies.

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