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LABOR LEADERS AND ALLIES
CALL FOR THE REPEAL OF THE TAFT-HARTLEY ACT
LABOR DAY, 2002
This year marks the 55th anniversary of the passage of the Taft-Hartley
Act, one of the great blows to American democracy.
The Act, which was drafted by employers, fundamentally infringed on workers'
human rights. Legally, it impeded employees' right to join together in
labor unions, it undermined the power of unions to represent workers'
interests effectively, and it authorized an array of anti-union activities
by employers.
Taft-Hartley undermined much of the gains achieved with passage of the
National Labor Relations Act, which had been enacted to narrow the gap
between employer and employee power and introduce a measure of democracy
into the workplace, and to stimulate wages and the national economy.
Among its key provisions, Taft-Hartley:
- Established the "right" of management to campaign against a union
organizing drive.
- Required that election hearings on matters of dispute be held before
a union recognition election, thus delaying the election. Delay virtually
always benefits management, giving the employer time to threaten and
coerce workers into rejecting the union.
- Authorized states to enact so-called right-to-work laws. These laws
undermine the ability to build effective unions by restricting union
security clauses and creating a free-rider problem -- workers can enjoy
the benefits of union membership without actually joining the union
or paying union dues. Right-to-work laws increase employer leverage
to resist unions and vastly decrease union membership, thus dramatically
diminishing unions' bargaining power.
- Defined "employee" for purpose of the Act as excluding supervisors
and independent contractors. This diminished the pool of workers eligible
to be unionized. The exclusion of supervisors from union organizing
activity meant they would be used as management's "front line" in anti-organizing
efforts.
- Permitted employers to petition for a union certification election,
thus undermining the ability of workers and unions to control the timing
of an election.
- Prohibited secondary boycotts -- boycotts directed to encourage neutral
employers to pressure the employer with which the union has a dispute.
Secondary boycotts had been one of organized labor's most potent tools,
for organizing, negotiating and dispute settlement.
The political damage of Taft-Hartley was just as severe. The Act sent
a message to employers: It was OK to bust unions and deny workers their
rights to collectively bargain.
In short, Taft-Hartley solidified employer control in the workplace,
with ramifications that are more severe today than ever. Union membership
is at historic lows, employer violations of labor rights are routine,
and illegal firings of union supporters in labor organizing drives are
at epidemic levels. The reduction in the ranks of organized labor has
both diminished living standards for the vast majority of working people,
and denied them the experience of participating in vibrant democratic
institutions, with damaging effects for our broader civic culture.
We join together to call for the repeal of Taft-Hartley, as one important
step in restoring workers' right to organize into unions and in revitalizing
American democracy.
Tony Mazzocchi, National Organizer, Labor Party
Bruce J. Klipple, Secretary-Treasurer, United Electrical, Radio and Machine
Workers of America
Kay McVay, RN, President, California Nurses Association
Ralph Nader
Thomas Geoghegan, attorney, author, Which Side Are You On?
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