{"id":357875,"date":"2017-05-01T16:32:07","date_gmt":"2017-05-01T21:32:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/taft-hartley-act-overview.html"},"modified":"2025-03-31T08:08:00","modified_gmt":"2025-03-31T13:08:00","slug":"taft-hartley-act-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/taft-hartley-act-overview.html","title":{"rendered":"Taft-Hartley Act Overview"},"content":{"rendered":"\n
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Taft-Hartley Act Overview<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The Taft-Hartley Act aimed to balance the rights of management and unions. It introduced measures such as banning closed shops and allowing union shops only with majority employee approval. The Act also allowed states to pass right-to-work laws, further limiting union power.<\/p>\n\n <\/div>\n\n

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.<\/p>\n

The Taft-Hartley Act and state labor laws affect your rights as a union worker. Contact a labor attorney<\/a> in your area to learn more about protecting and enforcing your rights.<\/p>\n

One of the most significant labor laws is the Labor-Management Relations Act of 1947 or the Taft-Hartley Act. This article discusses the Act and how its provisions impact union workers today.<\/p>\n

Legislative History of the Taft-Hartley Act<\/h2>\n

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

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

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<\/a> made many politicians and business leaders feel that labor organizations were too powerful. They wanted to regulate union activities.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The Scope and Influence of the Taft-Hartley Act<\/h2>\n

The Taft-Hartley Act allows union members to organize and collectively bargain with employers. It expanded the list of unfair labor practices<\/a> 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.<\/p>\n

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.<\/p>\n

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<\/a> and boycotts. These include:<\/p>\n