Taft-Hartley Act Overview

The federal government implemented various employment laws to help workers during the Great Depression. The New Deal paved the way for workers to form unions. The labor movement gained momentum throughout this period, and organized labor wielded much power. Congress changed federal law following World War II to limit labor unions' power and rising influence.

One of the most significant labor laws is the Labor-Management Relations Act of 1947 or the Taft-Hartley Act.

Legislative History of the Taft-Hartley Act

To understand the Taft-Hartley Act of 1947, begin with the National Labor Relations Act of 1935 (NLRA). The NLRA was part of The New Deal, giving workers or employees the right to form unions and the right to collective bargaining agreements. Collective bargaining gives workers the right to negotiate the terms of their employment.

The NLRA, or the Wagner Act, preceded the Taft-Hartley Act. The Wagner Act was the first significant piece of U.S. labor legislation. The Act gave workers the right to organize. Workers could join labor unions, collectively bargain through their chosen representatives, and strike. The Wagner Act allowed both closed shops and union shops. The Act also established the National Labor Relations Board (NLRB).

Then, during the 1946 midterm elections, Republicans gained control of the Senate and the House of Representatives for the first time since 1931. The great strike wave of 1945-46 made many politicians and business leaders feel that labor organizations were too powerful. They wanted to regulate union activities.

There was a growing fear of communist infiltration of labor unions. That, coupled with growth in the membership and power of unions and union leaders, led to an anti-union climate. In response, in 1947, Congress passed the Labor Management Relations Act of 1947, or the Taft-Hartley Act, under Senator Robert A. Taft of New Jersey and Congressman Fred A. Hartley of Ohio. The Taft-Hartley Act was widely supported by both the republican party and Democrats. The Taft-Hartley Act repealed significant provisions of the Wagner Act. Both houses of Congress overrode President Harry S. Truman's veto to pass the Act. President Truman denounced the Act as an intrusion on free speech.

The Scope and Influence of the Taft-Hartley Act

The Taft-Hartley Act allows union members to organize and collectively bargain with employers. It expanded the list of unfair labor practices and required unions to negotiate in good faith, as required by employers. The Act also outlawed closed shops, giving workers the right to decline to join a union. It permitted union shops only if a majority of employees voted for them.

The Act allowed the President to appoint a board of inquiry to investigate labor disputes. The President had the authority to ask the Attorney General for a federal court injunction against a strike if it imperils national health or safety. The Act restricted political contributions by unions. It also required union officers to file affidavits denying any communist affiliation.

The Taft-Hartley Act significantly limited unions' rights to strike and boycott. Instead, it prefers arbitration. For example, it required unions to give 60 days advance notice of a strike. The Act prohibited union practices, such as certain types of strikes and boycotts. These include:

• Secondary boycotts and picketing: The boycott of an employer with which the union doesn't have a dispute (also, influencing that employer not to work with another business with which the union does have a dispute)
• Sympathy strikes or boycotts: Workers not involved in a labor dispute striking or boycotting in support of other striking or boycotting employees or unions
• Jurisdictional strikes and boycotts: Strikes and boycotts initiated against an employer as a result of a dispute with another union

The Taft-Hartley Act also authorizes states to pass laws prohibiting union shops or agency shops. Following the enactment of the Taft-Hartley Act, many states enacted such limitations, known as right-to-work laws. At present, 27 states have passed right-to-work laws. Michigan recently repealed its law.

The Landrum-Griffin Act

The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) revised the Taft-Hartley Act. LMRDA, or the Landrum-Griffin Act, expanded certain reporting requirements under the Taft-Hartley Act. With widespread corruption and racketeering allegations, LMRDA required more financial transparency from union organizations. Unions must now file more detailed financial statements and expenditures.

Landrum-Griffin established a code of conduct for union members. It also required more disclosures from the union organization. While it prohibited communists and felons from holding union offices, members no longer had to swear an oath that they were not communists.

Legal Help With Labor Law Issues

While the Taft-Hartley Act is a federal law, labor laws in each state can significantly impact your rights as a worker. If you need help with labor law or union issues, consider speaking with an experienced labor attorney. A labor attorney will know about the laws of your particular state. You can also explore FindLaw's labor law legal answers page for other state-specific laws.