A2 OCR History Civil Rights in the USA 1865-1992 F966/02

Timeline of Trade Union and Labour Rights

1866- National Labour Union 1929- Wall Street Crash

1866-7- Iron Founder’s Strike 1933- National Industry
Recovery Act
1869- Knights of Labour
1935- National Labour Relations
1869- National Negro Labour
Act/ Wagner Act
Union
1937- Congress of Industrial
1873- Wall Street Crash
Organizations
1886- Wabash Railroad Strike
1938- Fair Labour Standards Act
1886- American Federation of
1941- Fair Employment
Labour
Practices Commission
1886- Haymarket Affair
1947- Taft-Hartley/ Labour
1890- Sherman Anti-Trust Act Management Relations Act

1892- Homestead Strike 1955- Merger of AFL-CIO

1894- Pullman Strike 1963- Equal Pay Act

1905- Industrial Workers of the 1964- Economic Opportunity Act

World (Wobblies)
1968- Age Discrimination in
1905- Lochner v New York Employment Act

1914- Clayton Anti-Trust Act 1970- Occupational Health and

Safety Act
1918/1941- National War
Labour Board 1972- Coalition of Black Trade
Unions
1923- Norris de la Guardia Act
1981- Professional Air Traffic
1925- Brotherhood of Sleeping
Controller’s Strike
Car Porters

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Trade Union and Labour Rights 1865-1992

1865-1914

 At the beginning of the period, trade unions existed but as craft unions for skilled
workers only in a closed shop system. This meant that unskilled workers were
exempt from joining these craft unions and as a result were exploited by
employers. Employers had no obligation to recognise trade unions yet alone
meet any of their demands.
 Industrialisation from 1860-1900s meant that there was an increase in unskilled
labourers in the workforce. However, as they couldn’t join trade unions they
were exploited by employers and therefore, started to campaign for increasing
labour rights.
 The National Labour Union was formed in 1866 by William H Sylvis who
campaigned for better working conditions such as an 8 hour day and equal
treatment with the ending of convict labour. Although a failed Iron Founders’
strike in 1866-7 meant it was viewed as weak, it had more than 300k members
across the USA by 1868. However, this was short-lived as the union collapsed
alongside his death in 1869.
 By the 1880s, 1/3 of the workforce was unskilled labour. Employers used the
‘contract system’ to hire unskilled labourers which resulted in poorer wages
than skilled artisans. A bricklayer earned $3 per hour whereas an unskilled
earned $1.
 At this time few workers had any rights in the workplace. They worked under
terrible conditions and were exposed to heavy machinery and vulnerability to
disease. By the 1890s, millions were refrained from having basic labour rights.
Employers did not provide any health insurance though sickness clubs were
established to compensate for injuries. The federal government ruled that
employee negligence was a risk in the workplace so it did not challenge the
lack of labour rights.
 The Knights of Labour was founded in 1869 by Uriah Smith Stephens. Terence V
Powderly was a very influential leader who wanted to unite skilled and unskilled
labourers. However, he didn’t use activism to promote trade union/labour rights
which led to internal divisions as many workers were unhappy with this
passivity. However, during the Wabash Railroad Strike in 1886, he was forced to
use a strike and this increased the KOL’s membership from 20k to 700k.
 During the 1880s till 1939 there was a ‘slump in the economy’ as a result of the
1873 Wall Street Crash. This had a positive effect on trade unions as rise in
unemployment and poorer wages agitated many so they could use the context
to their advantage.
 In 1886, the American Federation of Labour was formed by Samuel Gompers
which replaced the KOL. They worked on practically advancing labour rights by
wanting to increase wages and decrease working hours using legal reform,

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striking and boycotts. The AFL had over 2m workers but represented only a
small bit of the entire workforce.
 The Industrial Workers of the World or the Wobblies was also set up in 1905 by
individuals who sought violence for their aims. Although they wanted to
promote fairer working conditions and stand up for the poor many were
arrested and membership only peaked at 100k. In the end, internal divisions
mitigated the union.
 They Haymarket Affair during this time of 1886 had a serious negative impact on
trade union rights. As a result of the violence, intense racial divisions ensued in
the workplace between skilled and unskilled labourers. The arrival of
immigration exacerbated this which limited the progress of both trade union
rights (result of a lack of solidarity) and labour rights (workers were against
each other)
 Immigration during this time meant that a wave of foreign unskilled labourers
entered the workforce. These labourers were prepared to work in deprived
conditions for little money and for long hours for more than 16 hours per day.
The campaign to improve these features were being slowed down by the
meekness of these new labourers.
 Consequently, trade unions struggled to be recognised by employers. African-
Americans and Hispanics were discriminated against and were unable to join
only-white trade unions which had an adverse impact on solidarity and power of
trade unions alongside growing suspicion of new immigrants. Immigrant
labourers also went on individual violent strikes, for example, the activities of
Molly Maguires in 1873 which resulted in workers refusing to join trade unions
and made trade unions undesirable.
 European labourers also refused to work with African-Americans which slowed
down the progress of trade union rights. Even the NLU urged A-A’s to form their
own trade unions which manifested into the National Negro Labour Union 1869
and the Brotherhood of Sleeping Car Porters 1925. Employers as a result were
able to exploit these divisions, making it extremely hard for any progress in
trade union rights. The context of poverty and economic decline also meant
that it was hard for workers to protest for better labour rights.
 The economic system of ‘laissez-faire’ empowered employers with more power
than workers and trade unions. Many corporations rose to power and were able
to sack workers and cut down their wages without federal intervention. This
was confirmed by the Sherman Anti-Trust Act in 1890. Employers also resisted
workers that were part of a trade union by making them sign yellow-dog
contracts. However, this was outlawed by the 1932 Norris de la Guardia Act.
 In the Lochner v New York case of 1905, the SC enforced injuctions against trade
union workers which prevented them from striking for better trade union and
labour rights.
 The Homestead Strike of 1892 between the Amalgamated Association of Iron and
Steel Workers (AA) and the Carnegie Steel Company heavily limited trade union
rights. Negotiations failed between the two, showing the power of employers
during this time. The workers used violence but ended with the AA collapsing
and the arrest of several members. Employers resisted trade unionised workers
further and all steel plants in Pennsylvania became non-unionised.

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 The Pullman Strike of 1894 was another example of employers exploiting their
power as a result of ‘laissez faire’. Pullman decided to suddenly cut down wages
which resulted in workers striking. Furthermore, President Cleveland sent in
federal troops to dissipate the strike which resulted in the leader of the
American Railway Union to be arrested and its workers. Pullman justified his
actions via the court injunctions of 1890.
 Overall, by 1910, there were over 5m trade union members reaching 5m by
1920. Though many firms remained un-unionised. The AFL sought to influence
public policy by pressurising the federal government as they did with President
Wilson who passed the Clayton Anti-Trust Act in 1914 limiting the use of court
injunctions. Although some progress had been made, this was done mainly by
white individuals and did not represent the ethnic diversity of the American
workforce.

1915-1945

 Between 1914-1918, factory production increase by 35% and so did wages by

20%. Trade unions were now federally recognised and through the National War
Labour Board established in 1918 by President Wilson there was growing
awareness and implementation of better labour and trade union rights. For
example, employers had to set the maximum working hours to 8 per day. The
Board also safeguarded collective bargaining as a means to settle disputes
which stopped strikes to an extent. Union membership during this time also
increased from 2.7m in 1916 to 5m in 1920.
 Between 1920-1929, the ‘economic boom’ meant that there was a steady
increase in wages. However, the development of nativism and the Red Scare
alongside limited the advancement of trade union and labour rights. However,
giant corporations sought to advance their own labour rights which meant that
trade unions became increasingly unnecessary for workers to raise labour
issues.
 Welfare capitalism during the 1920s also meant that industries and firms had
their own representatives as opposed to trade unions discussing things like
wages and working conditions. However, workers were forced to sign yellow
dog contracts which banned them from joining trade unions anyways. An
example is Henry Ford who did not recognise trade unions but helped his
workers by reducing their working hours and increasing their wages to $5 per
hour.
 After the Wall Street Crash of 1929 unemployment rose from 3% in 1929 to 25%
in 1933. Consequently, workers became afraid of losing their jobs and
employees now started to sack unionised workers that striked. Only 10% of the
workforce was unionised. By 1933, there were more than 13m unemployed
workers.
 Roosevelt’s ‘New Deal’ tried to alleviate the problems of the workers. Primarily
with the ‘National Industry Recovery Act’ in 1933 which developed production
levels, increased wages and decreased working hours. By 1934, 557 codes had
been agreed by employers covering 23m workers. However, it was resisted by
employers like Ford and the SC declared it unconstitutional in 1935.

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 The Wagner Act (National Labour Relations Act) of 1935 aimed at regulating and
decreasing labour despites which would limit strikes by trade unions. Roosevelt
himself was cautious of giving trade unions power. The act also set up the
National Labour Relations Board in 1935 which prevented companies from
blacklisting trade unions and unfair dismissal of workers. The act also protected
the rights of labour and as a consequence, trade union membership rose from
3.7m in 1933 to 9m in 1938. The act also led to the Fair Labour Standards Act
of 1938 which increased the minimum wage to $25 per week and established
the right to join trade unions, it also banned child labour. However, the Wagner
Act was declared unconstitutional in 1937 by the SC.
 Despite Roosevelt’s ‘New Deal, employers and workers were still at loggerheads
with their rights. Many trade unions continued to reject unskilled labourers and
as a consequence, the Congress of Industrial Organizations (CIO) was formed
by John Lewis in 1937. The CIO used sit-in strikes which made car
manufacturers recognise the right to join a trade union. In addition, it
comprised immigrants and A-A’s which sought to implement racial equality in
trade unions and advance solidarity. Consequently, it had more than 3.7m by
1941.
 Although the NIRA was an example of legislative success in dealing with trade
union and labour rights, it did not fully cover all workers. Especially with
unskilled workers who had no representation by trade unions which meant that
they weren’t empowered. Many A-A’s, Hispanics and women faced
discrimination in wages and in racial terms which impeded their labour rights,
despite Roosevelt’s Fair Employment Practices Commission in 1941.
 During the 2nd World War and as a result of the New Deal the control of industry
was shifted away from employers into the hands of the government. For
example, the new National War Labour Board was set up to adjudicate labour
disputes and increase wages in 1941.
 Trade unions also grew rapidly during this time from 8.9m in 1940 to 14.8m in
1945. The NWLB looked favourably towards both trade union and labour rights
however the President was now capable of seizing any plants that were under
threat of a strike. Though, unemployment fell from 9m in 1940 to 780k in 1943,
it showed that federal action was generally helpful to the cause.
 When the Republicans won in 1946, they sought to prevent the growing powers
of trade unions. The passing of the Taft-Hartley Act or Labour Management
Relations Act in 1947 restrained their powers and purged communist unions but
President Truman tried to veto this. Consequently, the act weakened the CIO
which depended on communist support. Many communists and non-
communists in the CIO caused internal divisions which furthered weakened it.
 Overall, the 2 world wars made some impact on TULR, establishing the right to
join a trade union in law as well as the NLRB which represented workers in
general. Between 1932-9 union membership trebled from 2 to 9m with both
skilled and unskilled workers becoming unionised. However, the Great
Depression did curb these successes to an extent and the role of the federal
government still remained ambivalent.

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1950-1969

 The development and rising extent of labour-heavy technology meant that blue-
collar workers were now being replaced by automatons and robots. The
increase in white-collar workers resulted in a 50% drop in trade union
membership in the 1950s. White collar workers were generally barred from
joining trade unions as a result of signing no-strike agreements, similar to the
yellow-dog contracts that were previously outlawed.
 However, during the 1950s many workers enjoyed higher wages, less working
hours and enjoyed healthcare and insurance. In 1955, the CIO and AFL merged
together which strengthened the power of trade unions and encouraged
solidarity.
 In contrast, more than 35m Americans or 20% of the population still lived under
the poverty line during the 1960s. People lived in extreme poverty especially
where migrant famers resided, perhaps this encouraged the campaign for
greater labour rights.
 President Kennedy’s ‘New Frontier’ of the 60s tried to improve some aspects of
labour by increasing the minimum wage. However, employers failed to keep
their promises despite signing anti-inflammatory agreements which limited the
power of trade unions. However, the Equal Pay Act of 1963 sought to make
wages equal and prevent discrimination in the workplace.
 President Johnson’s ‘Great Society’ was more effective at achieving success by
creating millions of new jobs. Passing the Civil Rights Act of 1964 this prevented
discrimination in the workplace as well as the Economic Opportunity Act in 64
which gave vocational skills to young people. The Age Discrimination
Employment Act of 68 also prevented unfair dismissal of those of an unwanted
age.
 Trade unions also started to successfully bargain with leading firms and the
membership of the AFL-CIO now rose to 16m in 1955. Wages also increased by
20% and workers enjoyed health insurance and pension/unemployment
schemes. Furthermore, the right to join a trade union was firmly established in
the law.
 However, the fact that workers were now prosperous and benefitted from welfare
meant that they were encouraged not to join trade unions in fear of getting
sacked or these rewards removed. Trade union membership consequently
dropped in the 1960s as a result of technology and other advancements. The
political swing also affected trade union rights with the Democrats now
weakening and the Republicans demonstrating their hostility towards organised
labour.
 Racism was particularly huge in labour, for example, only 74 of 7665 workers in
Ford Motors were black. In an attempt to combat this, President Nixon urged for
the policy of affirmative action to deter discrimination but racial divisions still
seeped in which hindered the advancement of further labour rights.
 Overall, this period showed the collaboration between trade unions and
employers in resolving disputes in the work place. Consequently, strike action

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was reduced and employers were seeking other methods to make workers non-
unionised by giving generous packages. Though, the merger of the ALF-CIO in
this period showed the force of organised labour. However, discrimination still
carried on in the workplace between A-A’s and other ethnic groups which
impeded both labour and trade union rights in general.

1970-1992

 This period was epitomised by the decline in the power of trade unions which
they had ascertained throughout the 50s and 60s. A prime example being the
Professional Air Traffic Controller’s Strike of 1981. The strike showed how the
power of trade unions started to dwindle during the 80s and return to how they
were back in the 19th century. The strike was condemned by the public and
showed little sympathy from the federal government. President Reagan
stepped in to disassemble the strike which in turn demonstrated the weakening
powers of trade unionism. As a result, trade union membership dropped from
27% in 1970 to 12% by 1990 as well as strikes in general from 381 in 1970 to
35 by 1992.
 The changing economy and structure of American industry meant that by 1979,
inflation had risen prices by 13% as well as increased rates of unemployment.
Reagan’s capitalism benefitted senior executives whose wages rose by 340%
whereas the poor became poorer.
 As a result of new technology this reduced demand for unskilled workers which
increased the wage gap between skilled and unskilled labourers. There was also
a reduction in strike action as a result between 80-95 as many workers wanted
to retain their jobs.
 Many manufacturers also relocated to rural areas where anti-union and smaller
firms was the norm. This impacted unionisation and the power of trade unions
because less people joined trade unions and there was a lack of representation
for labour rights campaigns.
 The changing composition of the workforce also fragmented the workforce.
Trade union organisations were made difficult because of a lack of solidarity
and much of the service economy was made up of women mostly who weren’t
allowed to join trade unions or didn’t prefer them. The unskilled labour force
also meant that it was ethnically divided, populated by Asians who were
prepared to work for minimal wage. Many of these immigrant workers had no
interest to join trade unions and thus, limited their influence.
 By 1980, there were more than 50.5m white collar workers than 30.5m in 1960.
White collar workers were prone to refusing trade union membership as they
received generous work schemes from their employers.
 The shift in balance of power between employers and the labour unions meant
that there was growing competition between unionised and non unionised
firms. Non-unionised firms were more flexible and tended to have better wages
and working hours. In addition, complaints to the NLRB were slowly processed
which meant employers could exploit their workers even more. The PATCO

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strike in 1981 helped shift the power to employers which the government had
received during the presidency of Roosevelt.
 Changing political swings also meant that organised labour had less support from
the Democrats. The Republicans were hostile to trade unions and political
support from the Democrats on the matter had diminished by the late 1970s.
Neither political party sought to take the issue on their hands favourably.
 However, there were some advancements for labour rights such as the
Occupational Safety and Health Act of 1970 which established health and safety
regulations which workplace did not have in the 19 th century. President Carter
also established the minimum wage at $2.75 per hour, a big increase from
Kennedy’s earlier attempt (1.75dollars). The AFL-CIO also tried to persuade
Carter to reform the NLRB but they failed.
 Between 1970-1990, trade union influence was significantly weakened. Although
the 70s saw an increase in public sector worker union membership with
increasing action from the AFL-CIO, industrial action had a negative impact on
trade union rights and consequently, via PATCO, signalled the end of their
influences.
 However, there was development in black unionism especially with the Coalition
of Black Trade Unions set up in 1972 which represented almost 32 black unions.
A huge representation from the earlier, racist and exclusivity of other trade
unions like the NLU.
 By the end of the period, though the right to join a trade union was firmly
enshrined in the law, their power and influence deteriorated soon after.
Workers were encouraged to join non-unionised firms and a result of the PATCO
strike and better conditions from non-unionised firms, trade unions in general
suffered greatly. Public opinion also made sure that strike action was viewed
sympathetically and the lack of political support and hostility from the federal
government meant that their influence was greatly curbed. Even so, there was
still racial and ethnic division in the workforce which impeded trade unions even
more with lack of solidarity. I n contrast, labour rights advanced greater, and
much more positively. Even though discrimination was evident, in terms of
social and wage for women, countless advances had been made by the end by
the federal government to ensure a fairer and safer place to work in.