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[COMMITTEE PRINT]

SOME IMPORTANT DATES IN THE
HISTORY OF AMERICAN LABOR

COMMITTEE ON EDUCATION AND LABOR
HOUSE OF REPRESENTATIVES

EIGHTY-SEVENTH CONGRESS
FIRST SESSION

65880

FEBRUARY 1961

PREPARED BY LEGISLATIVE REFERENCE SERVICE LIBRARY OF CONGRESS

Printed for the use of the Committee on Education and Labor

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1961

COMMITTEE ON EDUCATION AND LABOR

ADAM C. POWELL, New York, Chairman

CLEVELAND M. BAILEY, West Virginia
CARL D. PERKINS, Kentucky
PHIL M. LANDRUM, Georgia
EDITH GREEN, Oregon

JAMES ROOSEVELT, California
HERBERT ZELENKO, New York
FRANK THOMPSON, JR., New Jersey
ELMER J. HOLLAND, Pennsylvania
JOHN H. DENT, Pennsylvania
ROMAN C. PUCINSKI, Illinois
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
ROBERT N. GIAIMO, Connecticut
JAMES G. O'HARA, Michigan

RALPH J. SCOTT, North Carolina

NEAL SMITH, Iowa

CHARLES S. JOELSON, New Jersey

CARROLL D. KEARNS, Pennsylvania
CLARE E. HOFFMAN, Michigan

PETER FRELINGHUYSEN, JR., New Jersey
WILLIAM H. AYRES, Ohio
ROBERT P. GRIFFIN, Michigan
EDGAR W. HIESTAND, California
ALBERT H. QUIE, Minnesota
CHARLES E. GOODELL, New York
PETER A. GARLAND, Maine
DONALD C. BRUCE, Indiana
JOHN M. ASHBROOK, Ohio
DAVE MARTIN, Nebraska

LOUISE MAXIENNE DARGANS, Chief Clerk
RUSSELL C. DERRICKSON, Staff Director
RICHARD T. BURRESS, Minority Clerk
WRAY SMITH, Education Chief

HOWARD GAMSER, Chief Counsel for Labor-Management LIVINGSTON WINGATE, Associate Counsel for Labor-Management

DOC. EX. PROJECT

SOME IMPORTANT DATES IN THE HISTORY OF AMERICAN LABOR

1806. The Philadelphia cordwainers' case. Commonwealth v. Pullis, Philadelphia Mayor's Court. Doc. Hist. of Am. Ind. Soc., vol. 3, p. 60.

"A combination of workmen to raise their wages" held a criminal conspiracy. See Nelles, "The First American Labor Case," 41 Yale L.J. 165 (1931).

1842. Commonwealth v. Hunt, 38 Am. Dec. 346 (Mass. Sup. Jud. Ct.). This case, considered something of a landmark case in American labor law, was considered by many to be the first break in the early court holdings. The court ruled that "a conspiracy to impoverish another workman" who was alleged to have lost his employment because he was not a union member was of itself not unlawful. The illegality would depend upon the means used. 1877. Railway strike of 1877. Earliest precedent for use of injunction in labor controversies.

King v. Ohio and Miss. R. Co., (CC. 7th, Ind.) 14 Fed. Cas. 539, Case No. 7, 801, involved a citation for contempt for violation of such an injunction.

1886. Federation of Organized Trades and Labor Unions, later American Federation of Labor, formed at Pittsburgh.

1888. Arbitration Act of 1888 (25 Stat. 501). Voluntary arbitration of railroad labor disputes and investigation by commission of the causes of disputes. [Throughout the 10 years that this act remained in effect, the arbitration provisions were never utilized.]

1890. The Sherman Act (26 Stat. 209). A combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States or with foreign nations is declared to be illegal. The fear arose that labor might be covered by this act.

1893. United States v. Workingmen's Amalgamated Council (CC. E.D. La.) 54 Fed. 994; affirmed C.C.A. 5th, 57 Fed. 85.

The Sherman Antitrust Act, the Court held, applies to "combinations of labor as well as of capital" (54 Fed. 994, 996).

1894. The famous Pullman strike of 1894. [This was the only time that the investigation provisions of the Arbitration Act of 1888 were used.]

In re Debs, 158 U.S. 564. The United States Supreme Court, in affirming the Illinois Circuit Court decision, gave its approval to the use of injunctions in labor disputes.

1898. The Erdman Act of 1898 (30 Stat. 424). The first attempt to outlaw the "yellow-dog" contract (30 Stat. 428 § 10).

1903. Department of Commerce and Labor created and Secretary made a Cabinet member (32 Stat. 825, ch. 552).

1908. Adair v. United States, 208 U.S. 161.

United States Supreme Court holds invalid section 10 of the Erdman Act of 1898 (30 Stat. 428) which attempted to outlaw the "yellow-dog" contract. The Court declared that this section "is an invasion of personal liberty, as well as of the right of property, guaranteed by the fifth amendment" (p. 172).

1908. The "Danbury Hatters" case.

Loewe v. Lawlor, 208 U.S. 274. Section 7 of the Sherman Antitrust Act, providing for treble damages, held applicable to labor case in an action involving an organized boycott.

1913. (Newlands Act of 1913 (38 Stat. 103). Established a permanent Board of Mediation and Conciliation.

1913. Department of Labor made independent executive department (37 Stat. 736, ch. 141).

1914. Coppage v. Kansas, 236 U.S. 1.

The United States Supreme Court holds invalid State attempts to outlaw the "yellow-dog" contract.

1914. The Clayton Act (38 Stat. 730, ch. 323, §§ 6, 20).

This act declared "that labor of a human being is not a commodity or article of commerce," and is not subject to antitrust laws.

1916. The Adamson Act (39 Stat. 721). Established the principle of the 8-hour day for railroad workers.

1917. Wilson v. New, 243 U.S. 332.

The principle of the 8-hour day is upheld.

1917. 1917-20-Wartime period of Federal operation of railroads. The Government first formulated the policy of protecting the right of workers to unionize (General Order No. 8 of Director General of Railroads).

1920. Return of railroads to owners.

Title III of Transportation Act of 1920 (41 Stat. 456), the EschCummins Law, created the Railroad Labor Board to hear and decide disputes on "grievances, rules, or working conditions." Carriers, labor, and the public were equally represented on the Board. The act placed upon the parties the duty to bargain (41 Stat. 469 § 301). 1926. The Railway Labor Act of 1926 (44 Stat. 577) carried a provision that if the parties to a labor dispute were unwilling to arbitrate, an emergency investigation board could be named by the President on recommendation of the Board of Mediators. There could be no strike until 30 days after the board's report which was to be submitted to the President within 30 days after such board's appointment.

1930. Texas and N. Orleans Railroad Co. v. Brotherhood of Railway and Steamship Clerks, 281 U.S. 548.

The United States Supreme Court upholds the prohibition against employer interference with unions, contained in Railway Labor Act of 1926.

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