Posts tagged Wagner Act
My job, my choice: The National Labor Relations Act does not require unionization
September 7, 2023 // “[A]mbiguities of language and the absence of enforcement powers [in the NIRA] have enabled a minority of employers to deviate from the clear intent of the law and to threaten our entire program with destruction,” Wagner said in a March 11, 1934, New York Times op-ed. He repeatedly stressed it had to be the individual worker’s decision to join a union, and bristled at the claim that the Recovery Act pushed workers into unions. “[T]his bill does not do anything of this kind except that it does make a worker a free man so he may decide whether he wants a union or not,” and, Wagner said during the Senate hearings on the legislation, “if he wants one, what particular union he wants to represent him, or whether he wants to remain unorganized.” The text of the NLRA does state that federal policy favors “encouraging the practice and procedure of collective bargaining,” but those words are almost always taken out of context. They follow a long preamble about “eliminat[ing] the causes of certain substantial obstructions to the free flow of commerce.”
The FTC’s Indefensible Position on Collective Bargaining
April 19, 2023 // In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro Bedoya argued that independent contractors should be allowed to bargain collectively. He acknowledged that courts have always treated collective bargaining by contractors as illegal under federal antitrust law. But he claimed that these courts have made a mistake: in fact, Congress never meant to stop small contractors, like truckers or plumbers, from forming a union and bargaining together. Bedoya’s interpretation would upset a century of careful balancing between antitrust and labor policy. It would also expose the contractors themselves to serious risks of abuse. And it would undermine well-established rules against collusion, price fixing, and other restraints on trade. To see why Bedoya is so wrong, you have to understand labor law and antitrust law’s tangled history. Let’s start with section 1 of the Sherman Antitrust Act. Adopted in 1890, section 1 banned all contracts and conspiracies in restraint of trade. It did not, however, define trade restraints. Instead, it incorporated common-law standards. Under the common law, unions were treated no differently from any other combination of buyers or sellers. If they conspired to fix labor prices, they violated the law. And collective bargaining could be seen as one form of price fixing. As a result, the law sometimes treated unions as, essentially, labor cartels.
The history of right to work, 75 years later
June 27, 2022 // “Right to Work is on the move,” Mix said despite Big Labor’s efforts. Five states passed Right to Work laws over the past decade and the Supreme Court issued a landmark ruling in a NRWLDF-won case in 2018, he notes. In Janus v. AFSCME, the U.S. Supreme Court held that forcing any public sector worker to pay union dues as a condition of employment violated their First Amendment rights. Mix and others are urging Congress to instead to pass the National Right to Work Act, which would eliminate forced union dues powers from federal law and provide Right to Work protections for employees nationwide.
For Whom Does the Union Speak?
May 24, 2022 //