Opening
Remarks
American Labor's
Second Century
Toward a Federation
of Labor
Federation of
Organized Trades & Labor Unions
A Testing Period
and Growth
Women in the Unions
Wartime Gains
and Post-War Challenges
From Murdered
Miners to Shiny Dimes
Depression, War and
A Labor Schism Healed
The AFL-CIO Years
On the Farm:
Workers Seek Equality
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A
TESTING PERIOD AND GROWTH
A better method of federal
intervention occurred during a 1902 strike of anthracite coal miners,
under the banner of the United Mine Workers. More than 100,000
miners in northeastern Pennsylvania called a strike on May 12, and kept
the mines closed all that summer. When the mine owners refused a
UMW proposal for arbitration, President Theodore Roosevelt intervened on
Oct. 3, and on Oct. 16 appointed a commission of mediation and
arbitration. Five days later the miners returned to their jobs,
and five months later the Presidential Commission awarded them a 10
percent wage increase and shorter work days-but not the formal union
recognition they had sought.
The difficulties that unions experienced in fashioning their strategies
for bringing workers into membership and fighting low-wage non-union
competition could best be observed in a long court fight which became
nationally known as the Danbury Hatters case. In 1902, the AFL
hatters union instituted a national boycott of a non-union company in
Danbury, Conn. The company, charging a conspiracy in restraint of
trade, under the provisions of the antitrust law, filed a damage suit in
the state court but lost.
The case worked its way through the federal courts over the next few
years, and in 1908 the U.S. Supreme Court ruled in a 5-4 decision
against the union. It held that the Hatters Union had participated
in an illegal secondary boycott, which was subject to federal injunctive
restraint. The decision was a clear signal to the federal judiciary and
to the corporations that injunctions could be used to stop various kinds
of labor strikes and strike-support
actions. In addition, the individual strikers were fined a total
of nearly $250,000. In 1915, the AFL proclaimed a Hatters' Day, in
which workers voluntarily contributed an hours pay to help pay off the
fines. The money thus collected kept 184 individual Danbury hat
workers from having their homes seized in order to pay the court ordered
levy. [It is important to differentiate between direct consumer boycotts
or "unfair to labor" or "don't
buy" activities, which are recognized as perfectly legal when
conducted in connection with or in support of labor union disputes with
employers-and, on the other hand, secondary boycotts, which were the
issue in the Danbury Hatters case and which were made illegal under the
1947 Taft-Hartley Act. A secondary boycott is one directed at companies
or stores to try to force them not to use, or to offer for sale,
products which have been made by a
company involved in a strike or otherwise deemed "unfair" by
the legitimate union. The secondary boycott has all but
disappeared since Taft-Hartley was passed. It should be noted, however,
that the courts have ruled that the Constitution's free speech
provisions legally permit a union to place "informational
pickets" outside a store selling "unfair" goods and
calling attention to labor's "don't buy" campaign-so long as
they do not call the store itself "unfair" or ask the public
not to patronize the establishment.]
This was not to be the first or last example of the way in which
employers have sought to redirect the thrust of laws designed to
regulate corporations and instead aimed them toward labor unions and
their members. Indeed, even at the current time, efforts are still
being made to include labor under the antitrust and other laws
originally aimed at corporations.
Not all the strikes and struggles of the period were conducted by the
"sons of toil" in the nation's heavy industries. Long
before the rise of the contemporary feminist movement, large numbers of
women were at work-particularly in the big cities and in the men's and
women's garment industry. Their grievances were real and tangible
in both the textile and garment industries. Their pay was often at
sweatshop levels, their hours too long, the speed-up rampant, the
working conditions dreadful. Conditions such as these led in 1909 to a
strike known widely as "The Uprising of the Twenty
Thousand." The strikers, mostly women, almost all of them
recent immigrants from eastern Europe, conducted the first big protest
in the needle trades under the banner of the Ladies' Garment Workers
against shirtwaist and dress manufacturers. Their plight brought
widespread public support, and they gained the 52-hour work week and
wage increases.
In 1910, some 50,000 cloakmakers called a strike in New York.
Thanks to the efforts of Louis D. Brandeis, a lawyer later named to the
U.S. Supreme Court, the dispute ended on a constructive note. A
"protocol of peace" designed by Brandeis established
procedures for conciliation and arbitration of future grievance
disputes, as well as such important advances as the abolition of
homework, the free use of electricity, ten paid holidays a year, and
piece work at rates fixed by joint union-management committees.
But a reminder that the garment industry was a good deal this side of
paradise occurred in 1911, when a fire broke out at the Triangle
Shirtwaist Co. on New York's lower east side. About 150 employees,
almost all of them young women, perished when the fire swept through the
upper floors of the loft building in which they worked. Many burned to
death; others jumped and died. Why so large a casualty list?
The safety exits on the burning floors had been securely locked,
allegedly to prevent "loss of goods." New York and the country
were aroused by the tragedy. A state factory investigation
committee headed by Frances Perkins (she was to become Franklin
Roosevelt's secretary of labor in 1933, the first woman cabinet member
in history) paved the way for many long needed reforms in industrial
safety and fire prevention measures.
Another of the historic industrial conflicts prior to World War I
occurred in 1912 in the textile mills of Lawrence, Mass. It was
led not by an AFL union but by the radical Industrial Workers of the
World-the IWW, or the Wobblies, as they were generally known -an
organization in frequent verbal and physical conflict with the AFL and
its affiliates. The strike in Lawrence started when the mill
owners, responding to a state legislature action reducing the work week
from 54 hoursto 52 hours, coldly and without prior notice cut the pay
rates by 3 1/2 percent. The move produced predictable results: a
strike of 50,000 textile workers; arrests; fiery statements by the IWW
leaders; police and militia attacks on peaceful meetings; and broad
public support for the strikers. Some 400 children of strikers were
"adopted" by sympathizers. When women strikers and their
children were attacked at the railroad station by the police after
authorities had decided no more youngsters could leave town, an enraged
public protest finally forced the mill owners not only to restore the
pay cuts but to increase the workers' wages to more realistic levels.
Perhaps the temper of the times in which working men and women sought to
build their unions was epitomized by the attitude of George Baehr, head
of the Philadelphia and Reading Railway Company, at the time of the 1902
coal strike. In Mr. Baehr's publicly expressed view, "the
rights and interests of the labor man will be protected and cared for
not by the labor agitators but by the Christian men to whom God in His
infinite wisdom has given the control of the property interests of the
country and upon the successful management on which so much
depends." Such an attitude did not leave much room for flexibility
in developing more equitable labor-management relationships.
Yet not all of the news was of strike and struggle. By 1904, the AFL
could claim a membership in its affiliated unions of nearly 1,700,000
members. Ten years later, at the eve of World War 1, it had
climbed to about two million.
There were, furthermore, important legislative accomplishments.
Congress, at the urging of the AFL, created a separate U.S. Department
of Labor with
a legislative mandate to protect and extend the rights of wage
earners. A Children's Bureau, with a major concern to protect the
victims of job exploitation, was created. The LaFollette Seaman's
Act required urgently needed improvements in the working conditions on
ships of the U.S. merchant marine. Of crucial importance, the
Clayton Act of 1914 made explicit the legal concept that "the labor
of a human being is not a commodity or article of commerce" and
hence not subject to the kind of Sherman Act provisions which had been
the issue in the Danbury Hatters case. The act gave a legal basis
in the federal jurisdiction to strikes and boycotts and peaceful
picketing, and dramatically limited the use of injunctions in labor
disputes. Little wonder that AFL President Gompers hailed the
Clayton Act as a "magna carta," probably not foreseeing that
future court decisions and interpretations would seriously undermine the
power of the language of the law.
The Adamson Act passed by Congress in 1916 concerning work hours on the
railroads was an important milestone in the decades-long effort to
achieve
the eight hour day, an objective of the Federation of Organized Trades
and Labor Unions in 1884 and of many subsequent strikes. The
10-hour day-an improvement in its era-was introduced for federal
government employees in 1840, but it took until the early years of the
20th century before the eight hour work day became broadly accepted in
the private sector, particularly in the printing and building
trades. The mass production industries and the railroads continued
their refusal to grant it.
The Adamson Act brought the shorter work day to railroad
employees. It came in other industries through the impact of
strikes, collective bargaining, state laws and two federal statutes: the
Public Contracts Act in 1936, requiring contractors on government jobs
to observe the eight hour day, and the Fair Labor Standards Act of 1938
which provided a maximum work week for employers in interstate
commerce. First a maximum of 44 hours and, after two years, 40
hours a week.
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