Taft-Hartley Act
Candlefocus EditorThe Taft-Hartley Act was created as an amendment to the National Labor Relations Act of 1935 (Wagner Act). Aimed at balancing the power between labor unions and management, the Act is known as a “restraint to union excesses”. It broadened the restrictions about what labor unions were allowed to do and what employers were legally allowed to prohibit. In particular, it prohibited closed shops, required employers to bargain in good faith, and gave the President special powers to help settle disputes.
The Act specifically disallowed unfair labor practices activity such as strikes, boycotts, picketing, jurisdictional strikes, and wildcat strikes. It also outlined several other practices which labor unions were prohibited from initiating or engaging in. These included secondary boycotts, double breasting (when an employer operates separate or dual businesses to avoid union labor), featherbedding (when an employer pays full wages for less than full performance), and recognizing special treatment or hiring preferences by labor unions. In addition, the Taft-Hartley Act required that all labor unions disclose their financial and political activities.
At the same time, the Act did protect certain rights for labor unions, including the right to join unions and to collectively bargain with management. The Act also granted employees the right to work in some of the most unsafe working environments, provided certain safety precautions were taken by employers.
Since its initiation, there have been six major amendments to the Taft-Hartley Act, most of which are aimed at strengthening existing labor laws and protecting union members’ rights. These include the Landrum–Griffin Act of 1959, Civil Rights Act of 1964 and right-to-work laws adopted by several states.
The Taft-Hartley Act of 1947 continues to have a profound impact on labor-management relations, particularly in the area of union power. Today, the Act is still viewed as the key piece of federal law in the area of labor-management bargaining, and has helped to maintain balance between labor and management.