scholarly journals A Common Law for Labor Relations: A Critique of the New Deal Labor Legislation

1983 ◽  
Vol 92 (8) ◽  
pp. 1357 ◽  
Author(s):  
Richard A. Epstein
Keyword(s):  
New Deal ◽  
Labor Relations ◽  
Common Law ◽  
Labor Legislation ◽  
The New Deal

Worker Insurgency, Radical Organization, and New Deal Labor Legislation

1989 ◽  
Vol 83 (4) ◽  
pp. 1257-1282 ◽  
Author(s):  
Michael Goldfield
Keyword(s):  
New Deal ◽  
Labor Relations ◽  
The State ◽  
Special Importance ◽  
Social Scientists ◽  
Political Actors ◽  
National Labor Relations Act ◽  
Labor Legislation ◽  
The New Deal

Debates over the reasons for the passage of class legislation during the New Deal era have been of continuing interest to social scientists. Of special importance has been the problem of explaining the passage of the 1935 National Labor Relations Act (NLRA), often considered the most significant and radical bill of the period. In this article, I examine the influence of worker insurgency and radical organization on the passage and final form of the NLRA. I argue that other analytic approaches fail to take into account the importance of this influence and the degree to which it constrained and structured the responses of key political actors. I conclude that the theories that downplay the importance of worker insurgency and radical organization are both wrong in the particulars and suspect as general theories; this applies especially to the perspective that emphasizes the autonomy of the state from societal forces.

Introduction to a Special Issue on the New Labor Federalism

ILR Review ◽  
2021 ◽  
Vol 74 (5) ◽  
pp. 1085-1102
Author(s):  
Janice Fine ◽  
Michael Piore ◽  
Keyword(s):  
Collective Bargaining ◽  
New Deal ◽  
Labor Relations ◽  
Institutional Support ◽  
Extended Period ◽  
Labor Regulation ◽  
Special Issue ◽  
State And Local ◽  
The New Deal ◽  
Local Levels

The articles in this volume grew out of a 2018 conference organized by the Rutgers School of Management and Labor Relations and Cornell University’s ILR School to address questions regarding labor regulation at lower levels of government. During the extended period that federal reform has been blocked, enormous activity has taken place at the state and local levels in terms of both the passage of new employment laws and regulations as well as their administration and enforcement. Drawn from the larger set of papers presented at that conference, these articles focus on specific dimensions of the puzzle. This introduction paints the broader picture suggested by the conference and papers taken as a whole. The move toward federalism as a strategy, particularly as an alternative to organizing through the NLRA, while promising, is so far limited because it focuses on the substance of labor regulation exclusively, in isolation from the procedures through which work regulation is promulgated and enforced. The most likely place to look for reforms that will give the new labor federalism institutional support and stability comparable to that of the New Deal collective bargaining regime at its apogee is in their implementation and enforcement.

Labor Legislation in the United States: The Background and Growth of the Newer Trends

1948 ◽  
Vol 10 (1) ◽  
pp. 35-60
Author(s):  
Aaron I. Abell
Keyword(s):  
New Deal ◽  
Current Trend ◽  
The United States ◽  
Organized Labor ◽  
Labor Standards ◽  
Labor Management ◽  
Labor Legislation ◽  
The Social ◽  
The New Deal ◽  
Constant Element

The current trend toward conservatism in American politics is most pronounced in the field of labor relations. This should occasion no surprise in view of the well-known fact that legislation in behalf of labor was die essential and constant element in New Deal liberalism. In keeping with the “American way” of swinging the political pendulum periodically from liberalism to conservatism and back again, the present Congress enacted the Taft-Hartley Labor-Management Relations Act with the aim of curbing the power of union labor so succesfully enhanced by the New Deal. The bitter controversy attending die passage of die Act and the unrelenting and all but unanimous opposition of organized labor and many of its friends to die continuance of the law underscore die paramount importance of labor questions in the country's maturing economy. Other phases of labor legislation are indirectly involved in the present reaction: health insurance, and increased coverage and more generous benefits under the Social Security and Fair Labor Standards Acts. Though diese supplements are badly needed, they fail to arouse general enthusiasm in the climate of opinion that now prevails.

Allegations of Disloyalty at Labor and Consumer Agencies, 1939–43

2012 ◽  
Author(s):  
Landon R. Y. Storrs
Keyword(s):  
New Deal ◽  
Labor Movement ◽  
Labor Relations ◽  
Public Confidence ◽  
Government Agencies ◽  
National Labor Relations Board ◽  
Consumer Movement ◽  
Women's Role ◽  
The New Deal

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.

The Southern Imposition: Congress and Labor in the New Deal and Fair Deal

2005 ◽  
Vol 19 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Sean Farhang ◽  
Ira Katznelson
Keyword(s):  
New Deal ◽  
Democratic Party ◽  
Working Population ◽  
The South ◽  
Workplace Issues ◽  
Union Movement ◽  
Labor Legislation ◽  
Wagner Act ◽  
The New Deal ◽  
Fair Deal

In this article, we will probe two distinct historical questions. First, we explore why congressional representatives from the South, who had generally supported the Democratic Party on labor issues during the 1930s, joined with Republicans to oppose the party's pro-labor orientation in the 1940s. We also examine why the class-based union movement that mobilized so assertively after the passage of the Wagner Act in 1935 became so cramped and pragmatic by the early 1950s. These puzzles, we believe, are closely related. Our explanation for why labor's horizons, topography, and prospects constricted to workplace issues, to some segments of the working population, and to limited geographic areas by the end of the Truman years points to how southern Democrats shaped the main institutions produced by New Deal and Fair Deal labor legislation.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

Confluencia geopolítica entre Cárdenas y Roosevelt:

2019 ◽  
Vol 35 (2) ◽  
pp. 231-254
Author(s):  
Andreu Espasa
Keyword(s):  
World War Ii ◽  
New Deal ◽  
Spanish Civil War ◽  
The United States ◽  
Political Crisis ◽  
World War ◽  
Military Alliance ◽  
Bilateral Relations ◽  
The Relationship ◽  
The New Deal

De forma un tanto paradójica, a finales de los años treinta, las relaciones entre México y Estados Unidos sufrieron uno de los momentos de máxima tensión, para pasar, a continuación, a experimentar una notable mejoría, alcanzando el cénit en la alianza política y militar sellada durante la Segunda Guerra Mundial. El episodio catalizador de la tensión y posterior reconciliación fue, sin duda, el conflicto diplomático planteado tras la nacionalización petrolera de 1938. De entre los factores que propiciaron la solución pacífica y negociada al conflicto petrolero, el presente artículo se centra en analizar dos fenómenos del momento. En primer lugar, siguiendo un orden de relevancia, se examina el papel que tuvo la Guerra Civil Española. Aunque las posturas de ambos gobiernos ante el conflicto español fueron sustancialmente distintas, las interpretaciones y las lecciones sobre sus posibles consecuencias permitieron un mayor entendimiento entre los dos países vecinos. En segundo lugar, también se analizarán las afinidades ideológicas entre el New Deal y el cardenismo en el contexto de la crisis mundial económica y política de los años treinta, con el fin de entender su papel lubricante en las relaciones bilaterales de la época. Somewhat paradoxically, at the end of the 1930s, the relationship between Mexico and the United States experienced one of its tensest moments, after which it dramatically improved, reaching its zenith in the political and military alliance cemented during World War II. The catalyst for this tension and subsequent reconciliation was, without doubt, the diplomatic conflict that arose after the oil nationalization of 1938. Of the various factors that led to a peaceful negotiated solution to the oil conflict, this article focuses on analyzing two phenomena. Firstly—in order of importance—this article examines the role that the Spanish Civil War played. Although the positions of both governments in relation to the Spanish war were significantly different, the interpretations and lessons concerning potential consequences enabled a greater understanding between the two neighboring countries. Secondly, this article also analyzes the ideological affinities between the New Deal and Cardenismo in the context of the global economic and political crisis of the thirties, seeking to understand their role in facilitating bilateral relations during that period.

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