Get Rid of Taft Hartley...Period
by
lawpol
08/29/2008, 10:27 AM #
Union membership used to mean something in America. Then in the immediate post-war era, with Republicans ascendant in Congress and a pliant president, along came Taft-Hartley, and that was all she wrote.
The NRA, a depression-era Act, was fine. Taft-Hartley gutted it, flooding the legislation with a laundry list of "unfair labor practices" by employees for the first time. The 1935 Wagner Act, the magna carta of the labor union movement, only defined unfair labor practices as acts committed by employers.
All sorts of things were now illegal. Wildcat strikes, secondary boycotts, political donations under many circumstances, the affirmation of state "right to work" laws, the right of the government to seek injunctions to break strikes, the outlawing of closed shops (different than union shops), the requirement that union leaders sign anti-communist loyalty oaths, the removal of supervisors from labor law protection allowing employers to fire supervisors for union activities, new rules for de-certification of unions. The list goes on.
Truman vetoes Taft-Hartley but the veto was overridden by the Republican congress. It hasn't been changed yet. And absent a filibuster proof Senate, not likely to.
One bright spot may be the NLRB, because the all important General Counsel, a political appointee, has the power to pursue injunctions against either employers or employees. In recent years those enforcement efforts were one-sided. That could change.
Taft-Hartley has done its job, in essence killing the American labor movement for all practical purposes. It used to be, in the 50's, that holding a union card was lifetime security. Its hard to find anybody who even remembers those days now.
Time to repeal Taft-Hartley. Period, full stop.