Taft Hartley Act
The reason for the Taft-Hartley Act was the resurgence and power of labor unions not that they had been led or organized by communists. The whole concern about communist infiltration being a Soviet plot was a ruse to cut the power of the industrial worker in America.
Intellectual and activist writer Chris Hedges, as well as long-time activist and consumer advocate Ralph Nader, have pointed out in the last few years that the Taft-Hartley Act of 1947 emasculated labor unions and is one of the causes of inertia in any left-wing resistance against the power elite.
I similarly noticed that lacking of union activism after 1947 in 1988, and so wrote my Master’s thesis arguing that the Taft Hartley Act caused the conservatism in American labor unions as it forbade militants of the 1930s from serving as officers in unions. I was told that most historians would disagree; that is problematic. However, there is a lot more to the story than that. I have selected a few books and articles expressing different points of view and things about the subject.
Labor resurrected its organizing in the 1930s during the Great Depression with sit-down strikes and more. Through President Roosevelt they were able to get Congress to pass the Wagner Act which allowed workers to organize into unions. The caveat was that now labor was dependent on the government for its legitimacy. But that’s another story.
Following World War II much of the American public was furious at unions which went on strike during the war. And, so, were in no mood to see more strikes after the war. However, 1946 saw a “great strike wave.” This enabled those reactionaries who had opposed the Wagner Act to get traction and propose limits on the actions of unions. (Thomas R. Brooks. Toil and Trouble: a history of American Labor. 1971. 223; (Ronald W. Schatz. The Electrical Workers: a history of labor at General Electric and Westinghouse, 1923-1960. 1983. 178)
However, the Taft-Hartley Act is described as punitive by Brooks. “The AFL attacked the new measure as a slave-labor bill.” United Mine Workers president John L. Lewis agreed. (Ronald W. Schatz. The Electrical Workers: a history of labor at General Electric and Westinghouse, 1923-1960. 1983. 179) The President of the United States can break a strike if he finds a strike detrimental to the interests of the country.
Nevertheless, Brooks, and others, believe that the impact on “major unions was minimal.” The negative consequences are for the smaller unions and those wishing to organize unions. The employers are allowed to comment on union organizing in such a way as to combat it. (Thomas R. Brooks. Toil and Trouble: a history of American Labor. 1971. 225-226)
In addition, the Act allowed for states to “pass legislation that could override provisions of the national law. [state’s rights] . . . The common feature of this legislation is the strong anti-union bias. The union-shop and maintenance-of-membership clauses in union contracts, as well as closed shop (forbidden by Taft-Hartley) are outlawed.” (Thomas R. Brooks. Toil and Trouble: a history of American Labor. 1971. 226)
The legal process of filing an unfair labor practice lasts so long as to be ineffective. (Thomas R. Brooks. Toil and Trouble: a history of American Labor. 1971. 226)
There was also the infighting among the unions over whether or not to allow communists in the unions and be officers. Anyone being a member of an organization espousing the overthrow of the American government could not be an officer in a labor union and, the union could not receive protection from the National Labor Relations Board. Communists were key organizers for unions in the 1930s especially in creating the CIO. It did not help that before World War II the Communists in America made understood their allegiance to the word of Josef Stalin. (Thomas R. Brooks. Toil and Trouble: a history of American Labor. 1971. 227)
“AFL and CIO leaders were panicked and enraged by the law’s restrictions on union power.” (John E. Haynes. Red Scare or Red Menace?: American communism and anti-communism in the cold war era. 132)
However, unions resisted expelling their best organizers, Communists. On the other hand, communists in the unions meant the unions were vulnerable. (Zeinert, Karen. McCarthy and the Fear of Communism in American History. 77)
The passage of the Taft-Hartley Act allowed anti-communist CIO leadership to purge their unions. And, former supporters of communist membership in unions switched and became anti-communist. All this thought to benefit unions in the long run. (John E. Haynes. Red Scare or Red Menace?: American communism and anti-communism in the cold war era. 125)
Philip Murray had tolerated communists in the unions from the 1930s but the post World War II period he was pressured to change his point of view. In addition, many leftists did not trust the communists. Walter Reuther of the United Auto Workers and Joseph Curran of the National Maritime Union broke with the communists in 1947. The Maritime Union drove out their formerly popular communist members. (John E. Haynes. Red Scare or Red Menace?: American communism and anti-communism in the cold war era. 131)
The Taft-Hartley Act played well for the anti-communist union leadership. (Ronald W. Schatz. The Electrical Workers: a history of labor at General Electric and Westinghouse, 1923-1960. 1983. 179)
Chris Hedges writes that the Taft-Hartley Act was “the single most destructive piece of legislation to the union movement, was a product of anticommunist hysteria.” Union membership has dropped from about 50% of American workers to 12% now.
“The Taft-Hartley Act . . . prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, and secondary boycotts-union strikes against employers who continue to do business with a firm that is undergoing a strike.” Also, prohibited were closed shops, and monetary donations by unions to federal political campaigns. All union officers were forced to sign noncommunist affidavits or lose their positions. . . . states were allowed to pass right -to-work laws that outlawed union shops. . . . The act effectively demobilized the labor movement. It severely curtailed the ability to organize and strike and purged the last vestiges of militant labor leaders fro the ranks of unions.”
Labor leaders argued that Republican Party victories in 1948 would mean harsher laws against them. (John E. Haynes. Red Scare or Red Menace?: American communism and anti-communism in the cold war era. 132)
However, the consequences of the Taft-Hartley Act are much more nuanced. For instance, Susan Dudley Gold writes in her young adult book, Taft-Hartley Act, on page 108, that section 14(h) was the most significant part of the Taft-Hartley Act because that provision allowed states to adopt right to work laws.
Other Points Of View And Things of the affect of the Taft-Hartley Act
That it was basically the beliefs of the National Association of Manufacturers. These beliefs “corrected” earlier labor legislation the business community thought too favorable to the unions. The changes were of the Wagner Act which allowed unions to form in the first place. The Taft-Hartley Act abolished the closed shop; prevent discrimination against an employee who had conflicts with previous unions; ending boycotts; charging excessive union initiation fees; and, “attempting to cause an employer to pay for work not actually performed.” (Joseph G. Rayback. A History of American Labor. 398)
Employers could sue unions for breaches of “contract, illegal boycotts, and strikes.” The “attorney general of the United States could “secure an injunction prohibiting” a strike.(Joseph G. Rayback. A History of American Labor. 399)
Not surprisingly, labor union leaders were furious. Philip Murray said the law was “conceived in sin.” William Green claimed the bill was vindictive. However, the egregious part of the legislation was the “anti-communist affidavits which, they claimed, made labor leaders into second-class citizens; to the clauses permitting use of injunctions and requiring strike polls at the end of cooling-off periods which, they charged would hamper collective bargaining; to the sections prohibiting a closed shop and employer discrimination against employees who were dropped from unions for reasons other than non-payment of dues which, they claimed, would make it difficult to maintain union discipline; and finally to Section 14(b) which permitted states to outlaw union shops even though the Taft-Hartley Act approved of them, which they alleged, was an open invitation to engage in union busting by law.” (Joseph G. Rayback. A History of American Labor. 400)
The famed Ellen Schrecker, Many Are the Crimes: McCarthyism in America. Clinton Jencks was targeted by the FBI for his work on the film Salt of the Earth. The charge was that he lied on the non-communist affidavit even though he was a “relatively minor functionary.” (336)
The non-communist affidavits were designed to weed Communists out of the labor movement. Otherwise unions could not use the “services of the National Labor Relations Board.” (336) Interestingly, the concern was “about belief in and support for Communism” not just being a communist. This violated the first amendment. “Many noncommunist labor leaders-John L. Lewis and CIO president Philip Murray among them - refused to sign the affidavits. They saw them as both an attack on free speech and a special burden on labor.” Anti-communist unionists used the Taft-Hartley Act to expel leftists from power. (337)
Some companies used their supposed fear of Russian domination as a “ploy to disguise their intransigence over wages and working conditions. They wrapped themselves in the flag and claimed that national security was at stake. . . Unable to rely on the NLRB, the noncomplying unions had to adopt more militant tactics . . . As a result, strikes became both more common and more bitter.” (337)
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