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Week 5 Discussion Questions

Week 5 Discussion Questions - What is the chronological...

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What is the chronological order of the major legislation that makes up the history of employment law in this country? For each law, state the social problem the law was designed to address, and discuss how employment law has affected the workplace in the last two decades. ================ Early Labor Laws ================ The Clayton Act In response to pressure to clarify labor's position under untitrust laws, Congress, in 1914, enacted the Clayton Act, which included several major provisions protective of organized labor. The Act stated that "the labor of a human being is not commodity or article of ommerce," and provided further that nothing contained in the Federal antitrust laws: shall be construed to forbid the existence and operation of labor...organizations...nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade under the anti-trust laws. (*) Railway Labor Act In 1926, the Railway Labor Act (RLA) was passed, requiring employers to bargain collectively and prohibiting discrimination against unions. It applied originally to interstate railroads and their related undertakings. In 1936, it was amended to include airlines engaged in interstate commerce. (*) Davis-Bacon Act In 1931, Congress passed the Davis-Bacon Act, requiring that contracts for construction entered into by the Federal Government specify the minimum wages to be paid to persons employed under those contracts. (*) Norris-LaGuardia Act The Norris-LaGuardia Act, passed in 1932, during the last year of the Hoover Administration, was the first in a series of laws passed by Congress in the 1930s which gave Federal sanction to the right of labor unions to organize and strike, and to use other forms of economic leverage in dealings with management. The law specifically prohibited Federal courts from enforcing so-called "yellow dog" contracts or agreements (under which workers promised not to join a union or promised to discontinue membership in one).
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In addition, it barred Federal courts from issuing restraining orders or injunctions against activities by labor unions and individuals, including the following: (*) joining or organizing a union, or assembling for union purposes; (*) striking or refusing to work, or advising others to strike or organize; (*) Publicizing acts of a Labor dispute; and (*) providing lawful legal aid to persons participating in a labor dispute; ==================== New Deal Era Reforms ==================== (*) National Industry Recovery Act In 1933, Congress passed the National Industry Recovery Act (NRA) at the request of newly inaugurated President Franklin Roosevelt. The Act sought to provide codes of "fair competition" and to fix wages and hours in industries subscribing to such codes.
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Week 5 Discussion Questions - What is the chronological...

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