The Memorial Day Massacre and American Labor

Author(s):  
Ahmed White

On the afternoon of May 30, 1937, the Chicago Police killed or mortally wounded ten men who were among a large group of unionists attempting to picket a mill operated by the Republic Steel Corporation. Scores of demonstrators were injured, some critically, in this shocking episode. The “Memorial Day Massacre” occurred during the Little Steel Strike, a sprawling and protracted conflict that arose out of the Committee for Industrial Organization’s (CIO) attempt to overcome the strident resistance of a coalition of power companies and to organize the basic steel industry. The strike evolved into a contest to decide how much the Second New Deal and its legislative centerpiece, the Wagner Act, would alter the landscape of American labor relations. This was evident in Chicago, where the unionists’ efforts to engage in mass picketing at Republic’s plant were an attempt to wrest from the Wagner Act’s ambiguous terms an effective right to strike, and where the violence of the police, who were doing Republic’s bidding, was intended to prevent this. Ultimately, the use of violence against the unionists not only defeated this bid to engage in mass picketing but served, along with similar clashes elsewhere during the strike, to justify government intervention that ended the walkout and secured the companies’ victory. Later, the strike and the massacre were invoked to justify political and legal changes that further limited the right to strike and that endorsed much of what the police, the steel companies, and their allies had done during the conflict. While the CIO did eventually organize steel, this success was primarily the result of the war and not the strike or the labor law. And although the National Labor Relations Board prosecuted the steel companies for violating the Wagner Act, this litigation took years and ended with Republic facing only modest penalties.

The Forum ◽  
2012 ◽  
Vol 10 (1) ◽  
Author(s):  
Chris Rhomberg

Discussions of the current state of American labor have overlooked the fact that the strike, a principal form of union and working class power, has virtually disappeared from American life. The rise of an anti-union institutional legal regime has undermined the right to strike and effectively reversed the structure of incentives for collective bargaining envisioned under the National Labor Relations Act. The dynamics of the current regime are illustrated by one of the largest and longest strikes of recent decades, the 1995 Detroit Newspapers strike. The consequences go beyond unionized labor and constitute a de-democratization of workplace governance in the United States.


2020 ◽  
Author(s):  
William A. Herbert ◽  
Joseph van der Naald

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees at private and public sector institutions of higher education, including the NLRB’s oscillation on the question of whether student employees are protected under the NLRA. The inconsistencies of the NLRB is in stark contrast to state and Canadian provincial precedent during the same period. Lastly, the authors analyze the terms of 42 current collective bargaining agreements covering student workers, including 10 at the private sector institutions. The empirical evidence from five decades of relevant collective bargaining history, precedent, and contracts demonstrates consistent economic relationships between student employees and their institutions.


Author(s):  
Landon R. Y. Storrs

This chapter looks at key figures in the emerging anticommunist network and analyzes two early episodes: the Smith Committee attack on the National Labor Relations Board and its allies, and the Dies Committee attack on the consumer movement, especially the League of Women Shoppers and the Office of Price Administration. The power of the labor movement in stimulating the reaction against the New Deal is well known, but the consumer movement should be recognized as another major trigger. Women were important in the ascendance of both industrial unionism and organized consumerism, and conservatives highlighted women's role in an effort to undermine public confidence in those movements and their allied government agencies.


2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.


Author(s):  
Landon R. Y. Storrs

The loyalty investigations triggered by the Red Scare of the 1940s and 1950s marginalized many talented women and men who had entered government service during the Great Depression seeking to promote social democracy as a means to economic reform. Their influence over New Deal policymaking and their alliances with progressive labor and consumer movements elicited a powerful reaction from conservatives, who accused them of being subversives. This book draws on newly declassified records of the federal employee loyalty program—created in response to fears that Communists were infiltrating the U.S. government—to reveal how disloyalty charges were used to silence these New Dealers and discredit their policies. Because loyalty investigators rarely distinguished between Communists and other leftists, many noncommunist leftists were forced to leave government or deny their political views. This book finds that loyalty defendants were more numerous at higher ranks of the civil service than previously thought, and that many were women, or men with accomplished leftist wives. Uncovering a forceful left-feminist presence in the New Deal, the book shows how opponents on the Right exploited popular hostility to powerful women and their “effeminate” spouses. The loyalty program not only destroyed many promising careers, it prohibited discussion of social democratic policy ideas in government circles, narrowing the scope of political discourse to this day. This book demonstrates how the Second Red Scare undermined the reform potential of the New Deal and crippled the American welfare state.


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