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Bituminous Coal Operators Association

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Bituminous Coal Operators Association (BCOA) is a coal mining lobbying organization. It was founded in 1950 by various companies to deal with the UMWA and unionizing of mines during the change from human labor to mechanical labor. The BCOA would strike deals between miners, mine companies, and coal buying companies to provide a steady flow of continuous labor and a steady purchasing price for coal. The main deals normally contained negotiations of some miners being put out of work by mechanizations while the miners left would be guaranteed a steady job and pay as long as they agreed to not hold up progress with strikes and other activities. In addition, the BCOA hears requests from the UMWA employees for pay raises but often results in unprotected employees being laid off after a deal has been reached. The current president of BCOA is David M Young. He is the main representative for the BCOA and lobbyist.

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119-534: BCOA was formed in 1950 as a group to negotiate with the UMWA on behalf of large coal companies located in the Appalachian region. BCOA agreed to provide job security to workers in mining companies who were part of BCOA and also negotiate wages and benefits. UMWA and BCOA came to an agreement that miners would not strike against layoffs if they were allowed health benefits and a fair wage. BCOA still exists today but

238-452: A bare paragraph the government's ability to regulate wages and hours. Although the government had argued that the national economic emergency required special consideration, Hughes disagreed. The dire economic circumstances the country faced did not justify the overly broad delegation or overreach of the Act, the majority concluded. "Extraordinary conditions may call for extraordinary remedies. But

357-438: A bill. Overburdened, Moley delegated this work to Hugh S. Johnson. By May 1933, two draft bills had emerged, a cautious and legalistic one by John Dickinson ( Under Secretary of Commerce ) and an ambitious one focusing on trade associations by Hugh Johnson. Many leading businessmen—including Gerard Swope (head of General Electric ), Charles M. Schwab (chairman of Bethlehem Steel Corporation ), E. H. Harriman (chairman of

476-408: A catch-all district for workers in fields related to coal mining, such as the chemical and energy industries. This district gained organizational independence in 1961, and then fell into dispute with the remainder of the union, leading in 1968 to its expulsion. Diana Baldwin and Anita Cherry , hired as miners in 1973, are believed to have been the first women to work in an underground coal mine in

595-424: A coalition to support passage of the legislation, but these competing interests soon fought one another over the Act's implementation. As a consequence, NIRA collapsed due to failure of leadership and confusion about its goals. By the end of 1934, NIRA leaders had practically abandoned the progressive interventionist policy which motivated the Act's passage, and were supporting free-market philosophies—contributing to

714-464: A competitive and dangerous place to work. With the owners imposing reduced wages on a regular basis, in response to fluctuations in pricing, miners sought a group to stand up for their rights. American Miners' Association The first step in starting the union was the creation of the American Miners' Association . Scholars credit this organization with the beginning of the labor movement in

833-420: A critical role to play through national planning, limited regulation, the fostering of trade associations , support for "fair" trade practices, and support for "democratization of the workplace" (a standard work week, shorter working hours, and better working conditions). Roosevelt, himself the former head of a trade association, believed that government promotion of "self-organization" by trade associations

952-614: A failure. A key criticism of the Act at the time as well as more recently is that the NIRA endorsed monopolies, with the attendant economic problems associated with that type of market failure . Even the National Recovery Review Board, established by President Roosevelt in March 1934 to review the performance of the NIRA, concluded that the Act hindered economic growth by promoting cartels and monopolies. One of

1071-450: A group of leaders who had been most recently rank and file miners. Led by new president Arnold Miller , the new leadership enacted a series of reforms which gave UMWA members the right to elect their leaders at all levels of the union and to ratify the contracts under which they worked. Decreased faith in the UMW to support the rights of the miners caused many to leave the union. Coal demand

1190-635: A living there. Title II, Sections 210–219 provided for revenues to fund the Act, and Section 220 appropriated money for the Act's implementation. Title III of the Act contained miscellaneous provisions, and transferred the authority to engage in public works from the Reconstruction Finance Corporation to the Public Works Administration. Implementation of the act began immediately, with the NRA and PWA

1309-533: A major role not only in moving congressional Democrats to favour prolabor legislation but also in moving the Democratic party itself left of center.” The bill had a more difficult time in the Senate. The National Association of Manufacturers and Chamber of Commerce opposed its passage due to the labor provision. Despite the positions of these two important trade associations, most businesses initially supported

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1428-496: A material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry , in any matter within the jurisdiction of any department or agency of the United States or of any corporation in which

1547-574: A national level. In the 1920s, about 12,000 Nova Scotia miners were represented by the UMWA. These workers lived in very difficult economic circumstances in company towns . The Dominion Steel and Coal Corporation , also known as the British Empire Steel Corporation, or BESCO, controlled most coal mines and every steel mill in the province. BESCO was in financial difficulties and repeatedly attempted to reduce wages and bust

1666-464: A secret and unified group would not turn into a successful union. The founders, John McBride , Chris Evans and Daniel McLaughlin , believed that creating an eight-hour work day would not only be beneficial for workers, but also as a means to stop overproduction , which would in turn help operators. The union was able to get cooperation from operators because they explained that the miners wanted better conditions because they felt as if they were part of

1785-615: A series of battles with the AFL. The UMW grew to 800,000 members and was an element in the New Deal Coalition supporting Democratic President Franklin D. Roosevelt . Lewis broke with Roosevelt in 1940 and left the CIO, leaving the UMW increasingly isolated in the labor movement. During World War II the UMW was involved in a series of major strikes and threatened walkouts that angered public opinion and energized pro-business opponents. After

1904-538: Is much smaller organization and is now mainly used for lobbying for important coal issues. BCOA recently has been working with the UMWA and Murray mines to negotiate a new contract between thousands of workers in West Virginia, Ohio, and Pennsylvania. In 1946, under President John L. Lewis, the union created The Welfare and Retirement Fund, a multi-employer benefit plan. This was an entirely new method for benefits and pensions because it introduced health care for

2023-402: Is without precedent. It supplies no standards for any trade, industry, or activity. It does not undertake to prescribe rules of conduct to be applied to particular states of fact determined by appropriate administrative procedure. Instead of prescribing rules of conduct, it authorizes the making of codes to prescribe them. For that legislative undertaking, section 3 sets up no standards, aside from

2142-665: The Agricultural Adjustment Act to stabilize the nation's agricultural industry. Enactment of the National Industrial Recovery Act climaxed the first 100 days of Roosevelt's presidency . Hugh S. Johnson , Raymond Moley , Donald Richberg , Rexford Tugwell , Jerome Frank , and Bernard Baruch —key Roosevelt advisors—believed that unrestrained competition had helped cause the Great Depression and that government had

2261-585: The False Claims Act of 1863 to read: ... or whoever , for the purpose of obtaining or aiding to obtain the payment or approval of such claim, or for the purpose and with the intent of cheating and swindling or defrauding the Government of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device

2380-747: The National Recovery Act in 1933 during the Great Depression , organizers spread throughout the United States to organize all coal miners into labor unions. Under the powerful leadership of John L. Lewis , the UMW broke with the American Federation of Labor and set up its own federation, the CIO (Congress of Industrial Organizations). Its organizers fanned out to organize major industries, including automobiles, steel, electrical equipment, rubber, paint and chemical, and fought

2499-553: The Secretary of the Treasury Andrew W. Mellon . To combat the growing economic decline, Hoover organized a number of voluntary measures with businesses, encouraged state and local government responses, and accelerated federal building projects. However, his policies had little or no effect on economic recovery. Toward the end of his term, however, Hoover supported several legislative solutions which he felt might lift

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2618-771: The USS Yorktown ; USS Enterprise ; the 30th Street railroad station in Philadelphia , Pennsylvania; the Triborough Bridge ; the port of Brownsville ; Grand Coulee Dam ; Boulder Dam ; Fort Peck Dam ; Bonneville Dam ; and the Overseas Highway connecting Key West , Florida, with the mainland. The agency survived until 1943, when the Reorganization Act of 1939 consolidated most federal public works and work relief functions of

2737-503: The Union Pacific Railroad ), and Henry I. Harriman , president of the U.S. Chamber of Commerce —helped draft the legislation. A two-part bill, the first section promoting cooperative action among business to achieve fair competition and provide for national planning and a second section establishing a national public works program, was submitted to Congress on May 15, 1933. The House of Representatives easily passed

2856-575: The Wayback Machine The miners’ strike of 1977–78 | International Socialist Review UMWA The United Mine Workers of America ( UMW or UMWA ) is a North American labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the United States and Canada. Although its main focus has always been on workers and their rights,

2975-609: The "Code of Fair Competition for the Live Poultry Industry of the Metropolitan Area in and about the City of New York." The goal of the code was to ensure that live poultry (provided to kosher slaughterhouses for butchering and sale to observant Jews) were fit for human consumption and to prevent the submission of false sales and price reports. The industry was almost entirely centered on New York City. Under

3094-482: The 1930s and by historians today. Disputes over the reasons for this failure continue. Among the suggested causes are that the act promoted economically harmful monopolies , lacked critical support from the business community, and that it was poorly administered. The NIRA had no mechanisms for handling these problems, which led Congress to pass the National Labor Relations Act in 1935. The act

3213-602: The 1930s he used UMW activists to organize new unions in autos, steel and rubber. He was the driving force behind the founding of the Congress of Industrial Organizations (CIO). It established the United Steel Workers of America and helped organize millions of other industrial workers in the 1930s. After resigning as head of the CIO in 1941, he took the Mine Workers out of the CIO in 1942 and in 1944 took

3332-468: The 1950 Benefit Trust, provides medical and death benefits for workers retiring after 1975 and their dependents; and the 1974 Benefit Trust, providing medical and death benefits for workers retiring after 1975 and their dependents. These four funds operate collectively under the title Health and Retirement Funds. Changes to the agreements in 1974 resulted in $ 5.57 billion worth of unfunded liabilities. The majority of this has been work on specific acts like

3451-415: The 1969 murder of Joseph Yablonski , a reform candidate who lost a race for union president against incumbent W. A. Boyle , along with his wife and 25-year-old daughter. Boyle was later convicted of ordering these murders. The killing of Yablonski resulted in the birth of a pro-democracy movement called the " Miners for Democracy " (MFD) which swept Boyle and his regime out of office, and replaced them with

3570-501: The AFL, yet was widely criticized as he called nationwide coal strikes damaging the American economy in the middle of World War II. Coal miners for 40 years hailed him as the benevolent dictator who brought high wages, pensions and medical benefits. The union's history has numerous examples of strikes in which members and their supporters clashed with company-hired strikebreakers and government forces. The most notable include: By June

3689-498: The Act led to a massive wave of union organizing punctuated by employer and union violence, general strikes , and recognition strikes . At the outset, NRA Administrator Hugh Johnson naïvely believed that Section 7(a) would be self-enforcing, but he quickly learned otherwise. On August 5, 1933, the National Labor Board was established under the auspices of the NRA to implement the collective bargaining provisions of

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3808-498: The Act. The premiere symbol of the NIRA was the Blue Eagle . By the end of 1934, large and small business owners and most of the public had turned against the NRA. Roosevelt himself shifted his views on the best way to achieve economic recovery, and began a new legislative program (known as the " Second New Deal ") in 1935. Implementation of Section 7(a) of the NIRA proved immensely problematic as well. The protections of

3927-558: The Act. The National Labor Board, too, proved to be ineffective, and on July 5, 1935, a new law—the National Labor Relations Act —superseded the NIRA and established a new, long-lasting federal labor policy. NIRA also created a Public Works Administration (not to be confused with the Works Progress Administration (WPA) of 1935). The leadership of the Public Works Authority was torn over

4046-482: The NIRA staff felt the Act would survive a court test, the U.S. Department of Justice had on March 25, 1935, declined to appeal an appellate court ruling overturning the lumber industry code on the grounds that the case was not a good test of the NIRA's constitutionality. The Justice Department's action worried many in the administration. But on April 1, 1935, the Second Circuit Court of Appeals upheld

4165-560: The NIRA. Senator Bennett Champ Clark introduced an amendment to weaken Section 7(a), but Wagner and Senator George W. Norris led the successful opposition to the change. The bulk of the Senate debate, however, turned on the bill's suspension of antitrust law . Senators William E. Borah , Burton K. Wheeler , and Hugo Black opposed any relaxation of the Sherman Antitrust Act , arguing that this would exacerbate existing severe economic inequality and concentrate wealth in

4284-580: The NPU set up a joint conference for all miners. John McBride, the president of NPU, suggested that the Knights of Labor should join the NPU to form a stronger union. John B. Rae reluctantly agreed and decided that the merged groups would meet on January 22, 1890. When the union was founded, the values of the UMWA were stated in the preamble: We have founded the United Mine Workers of America for

4403-466: The National Industrial Recovery Act was unconstitutional. First, Hughes concluded that the law was void for vagueness because of the critical term "fair competition" was nowhere defined in the Act. Second, Hughes found the Act's delegation of authority to the executive branch unconstitutionally overbroad : To summarize and conclude upon this point: Section 3 of the Recovery Act (15 USCA 703)

4522-533: The National Progressive Union of Miners and Mine Laborers (NPU). Although the goal of the NPU in 1888 was ostensibly to create unity between the miners, it instead drew a stronger line distinguishing members of the NPU against those of the NTA #135. Because of the rivalry, miners of one labor union would not support the strikes of another, and many strikes failed. In December 1889, the president of

4641-585: The Pittston company at the time, Paul Douglas, left the BCOA because he wanted to be able to produce coal seven days a week and did not want his company to pay the fee for the insurance. The Pittson company was seen as having inadequate safety standards after the Buffalo Creek flood of 1972 in which 125 people were killed. The company also was very financially unstable and in debt. The mines associated with

4760-517: The Pittston company to court. Miners worked from January 1988 to April 1989 without a contract. Tension in the company grew and on April 5, 1989, the workers declared a strike. Many months of both violent and nonviolent strike actions took place. On 20 February 1990 a settlement was finally reached between the UMWA and the Pittston Coal Company. The union's history has sometimes been marked by internal strife and corruption, including

4879-783: The Safety acts, which deals with health benefits to miners, and other smaller health acts or protection bills like the Federal mine and health and safety act of 1977 which was created by the Mine Safety and Health Administration (MSHA) who deal with the BCOA on many accounts. The BCOA also works on an average of one land restoration act a year like the Crow Tribe Land Restoration Act which was passed in 2009. United Mine Workers of America, Health and Retirement Funds records, 1940-1993 1827 Archived 2017-10-24 at

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4998-643: The Supreme Court's strict interpretation of the interstate commerce clause and worried that other legislation was jeopardized. In 1934, at the request of the Secretary Ickes, who wished to use the statute criminalizing making false statements to enforce Section 9(c) of the NIRA against producers of "hot oil", oil produced in violation of production restrictions established pursuant to the NIRA, Congress passed Pub. L.   73–394 , 48  Stat.   996 , enacted June 18, 1934 , which amended

5117-586: The UMW of today also advocates for better roads, schools, and universal health care . By 2014, coal mining had largely shifted to open pit mines in Wyoming, and there were only 60,000 active coal miners. The UMW was left with 35,000 members, of whom 20,000 were coal miners, chiefly in underground mines in Kentucky and West Virginia. However it was responsible for pensions and medical benefits for 40,000 retired miners, and for 50,000 spouses and dependents. The UMW

5236-531: The United States. The membership of the group grew rapidly. "Of an estimated 56,000 miners in 1865, John Hinchcliffe claimed 22,000 as members of the AMA. In response, the mine owners sought to stop the AMA from becoming more powerful. Members of the AMA were fired and blacklisted from employment at other mines. After a short time the AMA began to decline, and eventually ceased operations. Workingman's Benevolent Association Another early labor union that arose in 1868

5355-545: The United States. They were the first female members of UMWA to work inside a mine. Cherry and Baldwin were hired by the Beth-Elkhorn Coal Company in Jenkins, Kentucky . However, more pervasive were hiring practices discriminatory against women. The superstition that a woman even entering a mine was bad luck and resulted in disaster was pervasive among male miners. In 1978 a discrimination complaint

5474-470: The West to oppose any support for nations at war with Nazi Germany. ) Lewis was an effective strike leader who gained high wages for his membership while suppressing his opponents, including the United States government. He was one of the most controversial and innovative leaders in the history of labor, gaining credit for building the industrial unions of the CIO into a political and economic powerhouse to rival

5593-417: The argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional authority. Extraordinary conditions do not create or enlarge constitutional power." Although the decision emasculated NIRA, it had little practical impact, as Congress was unlikely to have reauthorized the Act in any case. At the time and in recent analyzes, NIRA is generally considered to be

5712-597: The authority granted to the NRA by the Act, which led to a significant loss of business support for the legislation. NIRA was set to expire in June 1935, but in a major constitutional ruling the Supreme Court held Title I of the Act unconstitutional on May 27, 1935, in Schechter Poultry Corp. v. United States . The National Industrial Recovery Act is widely considered a policy failure , both in

5831-472: The bill in just seven days. The most contentious issue was the inclusion of Section 7(a), which protected collective bargaining rights for unions . Section 7(a) was nearly eliminated from the bill, but Senator Wagner, Jerome Frank, and Leon Keyserling (another Roosevelt aide) worked to retain the section in order to win the support of the American labor movement. According to one study ... The capitalist’s opposition to section 7a in congressional hearings

5950-488: The bill, which protected collective bargaining rights for unions , proved contentious (especially in the Senate ). Congress eventually enacted the legislation and President Roosevelt signed the bill into law on June 16, 1933. The Act had two main titles ( sections ) . Title I was devoted to industrial recovery, authorizing the promulgation of industrial codes of fair competition, guaranteed trade union rights, permitted

6069-471: The cartels. Studies of the steel, automobile manufacturing, lumber, textile, and rubber industries and the level and source of support for the NIRA tend to support this conclusion. Without the support of industry, the Act could never have performed as it was intended. A third major criticism of the Act is that it was poorly administered. The Act purposefully brought together competing for interests (labor and business, big business and small business, etc.) in

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6188-518: The code-making authority thus conferred is an unconstitutional delegation of legislative power. Finally, in a very restrictive reading of what constituted interstate commerce, Hughes held that the "'current' or 'flow'" of commerce involved was simply too minute to constitute interstate commerce, and subsequently Congress had no power under the Commerce Clause to enact legislation affecting such commercial transactions. The Court dismissed with

6307-479: The codes from the federal antitrust laws. Title I, Section 7(a) guaranteed the right of workers to form unions and banned yellow-dog contracts : ... employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for

6426-659: The collapse of almost all industry codes. There are a wide range of additional critiques as well. One is that NIRA's industry codes interfered with capital markets, inhibiting economic recovery. But more recent analyzes conclude that NIRA had little effect on capital markets one way or the other. Another is that political uncertainty created by the NIRA caused a drop in business confidence, inhibiting recovery. But at least one study has shown no effect whatsoever. Section 7(a) led to significant increases in union organizing, but NRA administrative rulings effectively gutted this section by permitting company union . Although Section 7(a)

6545-457: The company were located mostly in Virginia, with mines also in West Virginia and Kentucky. On 31 January 1988 Douglas cut off retirement and health care funds to about 1500 retired miners, widows of miners, and disabled miners. To avoid a strike, Douglas threatened that if a strike were to take place, that the miners would be replaced by other workers. The UMW called this action unjust and took

6664-409: The conference, they were not able to vote against actions which they thought detrimental to gain rights for workers. The conference passed resolutions requiring the Knights of Labor to give up their secrecy and publicize material about its members and locations. The National Federation held another conference in 1887 attended by both groups. But it was unsuccessful in gaining agreement by the groups as to

6783-653: The constitutionality of the NIRA in the Schechter case. Although Donald Richberg and others felt the government's case in Schechter was not a strong one, the Schechters were determined to appeal their conviction. So the government appealed first, and the Supreme Court heard oral argument on May 2 and 3. On May 27, 1935, Chief Justice Charles Evans Hughes wrote for a unanimous Court in Schechter Poultry Corp. v. The United States that Title I of

6902-416: The continuation of the Great Depression. Others point out that the cartels created by the Act were inherently unstable (as all cartels are), and that the effect on prices was minimal because the codes collapsed so quickly. A second key criticism of the Act is that it lacked support from the business community, and thus was doomed to failure. Business support for national planning and government intervention

7021-628: The country out of the depression. The final attempt of the Hoover administration to rescue the economy was the passage of the Emergency Relief and Construction Act (which provided funds for public works programs) and the Reconstruction Finance Corporation (RFC) (which provided low-interest loans to businesses). Hoover was defeated for re-election by Roosevelt in the 1932 presidential election . Roosevelt

7140-450: The country. By 1974, the coal industry led the country for the rate of work stoppages in a year, ten times the rate in other industries. On December 6, 1974, a new National Bituminous Coal Wage Agreement resulted in the development of four separate trust funds, replacing the single Welfare and Retirement Funds. The 1950 Benefit Pension Trust was created for workers retiring before 1976; the 1974 Pension Trust, for workers retiring after 1975;

7259-662: The courts. The constitutionality of the NIRA was tested in Schechter Poultry Corp. v. United States , 295 U.S. 495 (1935). Courts identified three problems with the NIRA: "(i) was the subject matter sought to be regulated by the power of Congress; (ii) if the regulations violated the Fifth Amendment to the United States Constitution ; and (iii) had Congress properly delegated its power to the executive." Although Roosevelt, most of his aides, Johnson, and

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7378-414: The demand for coal began to increase, and some operators decided to pay the workers their original salaries before the wage cut. However, not all demands across the country were met, and some workers continued to strike. The young union suffered damage in this uneven effort. The most important goal of the 1894 strike was not the restoration of wages, but rather the establishment of the UMWA as a cooperation at

7497-547: The disbursement of money. Harold Ickes, too, was determined to ensure that graft and corruption did not tarnish the agency's reputation and lead to loss of political support in Congress, and so moved cautiously in spending the agency's money. Although the U.S. Supreme Court would rule Title I of NIRA unconstitutional, the severability clause in the Act enabled the PWA to survive. Among the projects it funded between 1935 and 1939 are:

7616-411: The driving force to change the way workers were organized, and the UMW was one of the charter members when the new Congress of Industrial Organizations was formed in 1935. However, the AFL leadership did not agree with the philosophy of industrial unionization, and the UMW and nine other unions that had formed the CIO were kicked out of the AFL in 1937. In 1942, the UMW chose to leave the CIO, and, for

7735-480: The economic effects of monopoly and cartels is higher prices—this was seen as necessary because the severe deflation of 1929–33 had depressed prices 20% and more. There is anecdotal evidence that these higher prices led to some stability in industry, but a number of scholars maintain that these prices were so high that economic recovery was inhibited. But other economists disagree, pointing to far more important monetary, budgetary, and tax policies as contributors to

7854-602: The economy that NRA proved to be the more important agency by far. NIRA, as implemented by the NRA, became notorious for generating large numbers of regulations. By March 1934 the "NRA was engaged chiefly in drawing up these industrial codes for all industries to adopt." The agency approved 557 basic and 189 supplemental industry codes in two years. Between 4,000 and 5,000 business practices were prohibited, some 3,000 administrative orders running to over 10,000 pages promulgated, and thousands of opinions and guides from national, regional, and local code boards interpreted and enforced

7973-453: The evening of June 9 and all day June 10 to reconcile the two versions of the bill, approving a final version on the afternoon of June 10. The House approved the conference committee's bill on the evening of June 10. After extensive debate, the Senate approved the final bill, 46-to-39, on June 13. President Roosevelt signed the bill into law on June 16, 1933. The National Industrial Recovery Act had two major titles ( sections ) . Title I

8092-574: The federal government into the new Federal Works Agency . President Roosevelt sought an extension of NIRA on February 20, 1935. But the business backlash against the New Deal, coupled with continuing congressional concern over the Act's suspension of antitrust law, left the President's request politically dead. A U.S. Senate committee investigation into the effectiveness of the NRA, PWA, and Section 7(a) revealed only limited political support for

8211-536: The hands of the rich (a severe problem which many economists at the time believed was one of the causes of the Great Depression). Wagner defended the bill, arguing that the bill's promotion of codes of fair trade practices would help create progressive standards for wages, hours, and working conditions, and eliminate sweatshops and child labor. The Senate passed the amended legislation 57-to-24 on June 9. A House–Senate conference committee met throughout

8330-401: The industries covered by the codes, while Section 7(c) authorized the President to impose such standards on codes when voluntary agreement could not be reached. Title I, Section 9 authorized the regulation of oil pipelines and prices for the transportation of all petroleum products by pipeline. Section 9(b) permitted the executive to take over any oil pipeline company, subsidiary, or business if

8449-731: The labor union. He did everything in his power to produce the cheapest product and to ensure that non-union workers would benefit. As conditions for the miners of the WBA worsened, the union broke up and disappeared. After the fall of the WBA, miners created many other small unions, including the Workingman's Protective Association (WPA) and the Miner's National Association (MNA). Although both groups had strong ideas and goals, they were unable to gain enough support and organization to succeed. The two unions did not last long, but provided greater support by

8568-401: The law among Senators. The Senate bill reauthorizing NIRA provided for only a 10-month extension, with significant new limitations on NRA powers. The House reauthorization bill contained no new limits on the NRA, and proposed a two-year extension. By May 1935, the issue was moot as the U.S. Supreme Court had ruled Title I of NIRA unconstitutional. On April 13, 1934, the President had approved

8687-565: The leading agencies. Hugh Johnson spent most of May and June planning for implementation, and the National Recovery Administration (NRA) was established on June 20, 1933—a scant four days after the law's enactment. Roosevelt angered Johnson by having him administer only the NRA, while the Public Works Administration (PWA) went to Harold L. Ickes . NRA and PWA reported to different cabinet agencies, making coordination difficult, and PWA money flowed so slowly into

8806-579: The looting and arson of company property. This crisis led to the Nova Scotia government acting in 1937 to improve the rights of all wage earners, and these reforms served as a model across Canada, at both provincial and federal levels. In the summer of 1973, workers at the Duke Power -owned Eastover Mining Company's Brookside Mine and Prep Plant in Harlan County, Kentucky , voted to join

8925-753: The miners for a union which could withstand and help protect the workers' rights. Although many labor unions were failing, two predominant unions arose that held promise to become strong and permanent advocates for the miners. The main problem during this time was the rivalry between the two groups. Because the National Trade Assembly #135, better known as the Knights of Labor , and the National Federation of Miners and Mine Laborers were so opposed to one another, they created problems for miners rather than solving key issues. This union

9044-761: The mines and reactivated the railroad haulers in time for Christmas. These events are depicted in the documentary film Harlan County, USA . The Pittston Coal strike of 1989-1990 began as a result of a withdrawal of the Pittston Coal Group also known as the Pittston Company from the Bituminous Coal Operators Association (BCOA) and a refusal of the Pittston Coal group to pay the health insurance payments for miners who were already retired. The owner of

9163-428: The mining industry and also wanted the company to grow. But in order for the company to grow, the workers must have better conditions so that their labor could improve and benefit the operators. The union's first priority was to get a fair weighing system within the mines. At a conference between the operators and the union, the idea of a new system of scaling was agreed upon, but the system was never implemented. Because

9282-401: The most part it was impossible to tell how many trade and mixed LAs there were at a given time. Local assemblies began to arise and fall all around, and many members began to question whether or not the Knights of Labor was strong enough to fight for the most important issue of the time, achieving an eight-hour work day. This Union was formed by members of the Knights of Labor who realized that

9401-536: The new agency's mission. PWA could initiate its own construction projects, distribute money to other federal agencies to fund their construction projects, or make loans to states and localities to fund their construction projects. But many in the Roosevelt administration felt PWA should not spend money, for fear of worsening the federal deficit, and so funds flowed slowly. Furthermore, the very nature of construction (planning, specifications, and blueprints) also held up

9520-495: The new poultry code, the Schechter brothers were indicted on 60 counts (of which 27 were dismissed by the trial court), acquitted on 14, and convicted in 19. One of the counts on which they were convicted was for selling a diseased bird, leading Hugh Johnson to jokingly call the suit the "sick chicken case". Even before these legal aspects became widely known, a number of court challenges to the NIRA were winding their way through

9639-430: The next actions to take. In 1888, Samuel Gompers was elected as President of the National Federation of Miners, and George Harris first vice president. Throughout 1887–1888 many joint conferences were held to help iron out the problems that the two groups were having. Many leaders of each groups began questioning the morals of the other union. One leader, William T. Lewis , thought there needed to be more unity within

9758-412: The next five years, were an independent union. In 1947, the UMW once again joined the AFL, but the remarriage was a short one, as the UMW was forced out of the AFL in 1948, and at that point, became the largest non-affiliated union in the United States. In 1982, Richard Trumka was elected the leader of the UMW. Trumka spent the 1980s healing the rift between the UMW and the now-conjoined AFL–CIO (which

9877-483: The parent company was found in violation of the Act. Title II established the Public Works Administration. Title II, Section 201 established the agency and provided for a two-year sunset provision. Section 202 outlines the types of public works which the new agency may seek to fund or build. Title II, Section 203 authorized the Public Works Administration to provide grants and/or loans to states and localities in order to more rapidly reduce unemployment as well as to use

9996-422: The picket lines. Many were arrested, some hit by baseball bats, shot at, and struck by cars. One striking miner, Lawrence Jones, was shot and killed by a Strikebreaker . Three months after returning to work, the national UMWA contract expired. On November 12, 1974, 120,000 miners nationwide walked off the job. The nationwide strike was bloodless and a tentative contract was achieved three weeks later. This opened

10115-505: The power of eminent domain to seize land or materials to engage in public works. Title II, Section 204 explicitly provided $ 400 million for the construction of public highways, bridges, roads, railroad crossings, paths, and other transportation projects. Title II, Section 208 authorized the president to expend up to $ 25 million to purchase farms for the purpose of relocating individuals living in overcrowded urban areas (such as cities) to these farms and allowing them to raise crops and earn

10234-584: The president to regulate industry for fair wages and prices that would stimulate economic recovery. It also established a national public works program known as the Public Works Administration (PWA). The National Recovery Administration (NRA) portion was widely hailed in 1933, but by 1934 business opinion of the act had soured. The legislation was enacted in June 1933 during the Great Depression as part of President Franklin D. Roosevelt 's New Deal legislative program. Section 7(a) of

10353-416: The production of anthracite to keep its price profitable. Because the efforts of the WBA benefited the operators, they did not object when the union wanted to take action in the mines; they welcomed the actions that would secure their profit. Because the operators trusted the WBA, they agreed to the first written contract between miners and operators. As the union became more responsible in the operators' eyes,

10472-493: The purpose of ... educating all mine workers in America to realize the necessity of unity of action and purpose, in demanding and securing by lawful means the just fruits of our toil. The UMWA constitution listed eleven points as the union's goals: John L. Lewis (1880–1969) was the highly combative UMW president who thoroughly controlled the union from 1920 to 1960. A major player in the labor movement and national politics, in

10591-447: The purpose of collective bargaining or other mutual aid or protection; [and] (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing... . Title I, Section 7(b) permitted the establishment of standards regarding maximum hours of labor, minimum rates of pay, and working conditions in

10710-404: The regulation of working standards, and regulated the price of certain refined petroleum products and their transportation. Title II established the Public Works Administration , outlined the projects and funding opportunities it could engage in. Title II also provided funding for the Act. The act was implemented by the NRA and the PWA. Large numbers of regulations were generated under

10829-403: The statement of the general aims of rehabilitation, correction, and expansion described in section 1. In view of the scope of that broad declaration and of the nature of the few restrictions that are imposed, the discretion of the President in approving or prescribing codes, and thus enacting laws for the government of trade and industry throughout the country, is virtually unfettered. We think that

10948-456: The time, a strike was the only way that they believed they would be heard. The Knights of Labor tried to establish a strong and organized union, so they set up a system of local assemblies, or LAs. There were two main types of LAs, trade and mixed, with the trade LA being the most common. Although this system was put into place to create order, it did the opposite. Even though there were only two categories of LAs, there were many sub-divisions. For

11067-478: The trucks. With more machines that could do the same labor, unemployment in the mines grew and wages were cut back. As the problems grew, many people did not believe that the UMW could ever become as powerful as it was before the start of the war. The decline in the union began in the 1920s and continued through the 1930s. Slowly the membership of the UMWA grew back up in numbers, with the majority in District 50 ,

11186-498: The union . Led by J. B. McLachlan , miners struck in 1923, and were met by locally and provincially-deployed troops. This would eventually lead to the federal government introducing legislation limiting the civil use of troops. In 1925 BESCO announced that it would not longer give credit at their company stores and that wages would be cut by 20%. The miners responded with a strike. This led to violence with company police firing on strikers, killing miner William Davis , as well as

11305-430: The union did not deliver what it had promised, it lost support and members. During this time, the rivalry between the two unions increased and eventually led to the formation of the UMW. The first of many arguments arose after the 1886 joint conference. The Knights of Labor did not want the NTA #135 to be in control, so they went against a lot of their decisions. Also, because the Knights of Labor were not in attendance at

11424-552: The union into the American Federation of Labor (AFL). Lewis was a Republican, but he played a major role in helping Franklin D. Roosevelt win re-election with a landslide in 1936, but as an isolationist supported by Communist elements in the CIO, Lewis broke with Roosevelt in 1940 on anti-Nazi foreign policy. (Following the 1939 German-Soviet pact of nonaggression, the Comintern had instructed communist parties in

11543-470: The union was given more freedoms. As a result, the health and spirits of the miners significantly improved. The WBA could have been a very successful union had it not been for Franklin B. Gowen . In the 1870s Gowen lead the Reading Railroad , and bought several coal mines in the area. Because he owned the coal mines and controlled the means of transporting the coal, he was able to slowly destroy

11662-518: The union workers and their families. In May 1946, the National Bituminous Coal Wage Agreement established a health, welfare, and retirement fund backed up by a five-cents-per-ton levy on all coal produced by bituminous coal companies. From the 1950s to the 1970s, there were various updates to the agreement with the goal to completely satisfy miners enough to end random wildcat strikes throughout coal mines across

11781-412: The union, and that competition for members between the two groups was not accomplishing anything. As a result of taking this position, he was replaced by John B. Rae as president of the NTA #135. This removal did not stop Lewis however; he got many people together who had been also thrown out of the Knights of Labor for trying to belong to both parties at once, along with the National Federation, and created

11900-430: The union. Eastover management refused to sign the contract and the miners went on strike. Duke Power attempted to bring in replacement non-union workers or " scabs " but many were blocked from entering the mine by striking workers and their families on the picket line. Local judge F. Byrd Hogg was a coal operator himself and consistently ruled for Eastover. During much of the strike the mine workers' wives and children joined

12019-407: The unions, loss of control over jobs, drop in demand, and competition—decreased the faith of miners in their union. By 1998 the UMW had about 240,000 members, half the number that it had in 1946. As of the early 2000s, the union represents about 42 percent of all employed miners. At some point before 1930, the UMW became a member of the American Federation of Labor . The UMW leadership was part of

12138-631: The war, the UMW concentrated on gaining large increases in wages, medical services and retirement benefits for its shrinking membership, which was contending with changes in technology and declining mines in the East. The UMW was founded at Columbus City Hall in Columbus, Ohio , on January 25, 1890, by the merger of two earlier groups, the Knights of Labor Trade Assembly No. 135 and the National Progressive Miners Union. It

12257-516: Was also a major force behind a major modification of the law criminalizing making false statements . The Depression began in the United States in October 1929 and grew steadily worse to its nadir in early 1933. President Herbert Hoover feared that too much intervention or coercion by the government would destroy individuality and self-reliance, which he considered to be important American values. His laissez-faire views appeared to be shared by

12376-637: Was convinced that federal activism was needed to reverse the country's economic decline. In his first hundred days in office, the Congress enacted at Roosevelt's request a series of bills designed to strengthen the banking system, including the Emergency Banking Act , the Glass–Steagall Act (which created the Federal Deposit Insurance Corporation ), and the 1933 Banking Act . The Congress also passed

12495-477: Was created in 1955 with the merger of the AFL and the CIO). In 1989, the UMW was again taken into the fold of the large union umbrella. Throughout the years, the UMW has taken political stands and supported candidates to help achieve union goals. National Recovery Act The National Industrial Recovery Act of 1933 ( NIRA ) was a US labor law and consumer law passed by the 73rd US Congress to authorize

12614-410: Was curbed by competition from other energy sources. The main cause of the decline in the union during the 1920s and 1930s was the introduction of more efficient and easily produced machines into the coal mines. In previous years, less than 41% of coal was cut by the machines. However, by 1930, 81% was being cut by the machines and now there were machines that could also surface mine and load the coal into

12733-560: Was devoted to industrial recovery. Title I, Section 2 empowered the President to establish executive branch agencies to carry out the purposes of the Act, and provided for a sunset provision nullifying the Act in two years. The heart of the Act was Title I, Section 3, which permitted trade or industrial associations to seek presidential approval of codes of fair competition (so long as such codes did not promote monopolies or provide unfair competition against small businesses) and provided for enforcement of these codes. Title I, Section 5 exempted

12852-504: Was filed by the Coal Employment Project , a women's advocacy organization, against 153 coal companies. This action was based upon Executive Order 11246 signed in 1965 by U.S. President Lyndon Johnson , which bars sex discrimination by companies with federal contracts. The complaint called for the hiring of one woman for every three inexperienced men until women constituted 20 percent of the workforce. This legal strategy

12971-456: Was founded in Columbus, Ohio , on January 25, 1890, with the merger of two old labor groups, the Knights of Labor Trade Assembly No. 135 and the National Progressive Miners Union. Adopting the model of the union was initially established as a three-pronged labor tool: to develop mine safety; to improve mine workers' independence from the mine owners and the company store ; and to provide miners with collective bargaining power. After passage of

13090-401: Was modeled after the American Federation of Labor (AFL). The Union's emergence in the 1890s was the culmination of decades of effort to organize mine workers and people in adjacent occupations into a single, effective negotiating unit. At the time coal was one of the most highly sought natural resources, as it was widely used to heat homes and to power machines in industries. The coal mines were

13209-441: Was more commonly known as the Knights of Labor and began around 1870 in the Philadelphia, Pennsylvania area. The main problem with the Knights of Labor was its secrecy. The members kept very private their affiliation and goals of the Knights of Labor. Because both miners and operators could become members, there was no commonality to unite the members. Also, the union did not see strikes as a means to attain rights. To many people of

13328-423: Was moving on its own industrial legislation. In the Senate, Robert F. Wagner , Edward P. Costigan , and Robert M. La Follette, Jr. were promoting public works legislation, and Hugo Black was pushing short-work-week legislation. Motivated to work on his own industrial relief bill by these efforts, Roosevelt ordered Moley to work with these Senators (and anyone else in government who seemed interested) to craft

13447-605: Was not affected by the Supreme Court's decision in Schechter Poultry, the failure of the section led directly to passage of the National Labor Relations Act in July 1935. Historian Alan Brinkley stated that by 1935 the NIRA was a "woeful failure, even a political embarrassment." Many liberals, probably including Roosevelt, were quietly relieved by its demise. However, New Dealers were worried by

13566-473: Was not convincing enough to persuade an overwhelmingly urban liberal Democratic Congress. As Kenneth Finegold and Theda Skocpol have correctly pointed out, congressional Democrats were eager to consolidate their electoral majorities by supporting and enacting prolabor legislation. With the urban industrial working class becoming a major electoral bloc for urban Democrats, it is not surprising that pressures from industrial workers, both employed and unemployed, played

13685-477: Was not prepared economically to deal with such a drop in demand for coal. Demand for coal was very high during World War II, but decreased dramatically after the war, in part due to competition from other energy sources. In efforts to improve air quality, municipal governments started to ban the use of coal as household fuel. The end of wartime price controls introduced competition to produce cheaper coal, putting pressure on wages. These problems—perceived weakness of

13804-413: Was successful. Almost 3,000 women were hired by the close of 1979 as underground miners. A general decline in union effectiveness characterized the 1970s and 1980s, leading to new kinds of activism, particularly in the late 1970s. Workers saw their unions back down in the face of aggressive management. Other factors contributed to the decline in unionism generally and UMW specifically. The coal industry

13923-457: Was the Workingmen's Benevolent Association . This union was distinguished as a labor union for workers mining anthracite coal. The laborers formed the WBA to help improve pay and working conditions. The main reason for the success of this group was the president, John Siney , who sought a way both to increase miners benefits while also helping the operators earn a profit. They chose to limit

14042-496: Was the least-intrusive and yet most effective method for achieving national planning and economic improvement. Some work on an industrial relief bill had been done in the weeks following Roosevelt's election, but much of this was in the nature of talk and the exchange of ideas rather than legislative research and drafting. The administration, preoccupied with banking and agriculture legislation, did not begin working on industrial relief legislation until early April. Congress, however,

14161-420: Was very strong in 1933, but had collapsed by mid-1934. Many studies conclude, however, that business support for NIRA was never uniform. Larger, older businesses embraced the legislation while smaller, newer ones (more nimble in a highly competitive market and with less capital investment to lose if they failed) did not. This is a classic problem of cartels, and thus NIRA codes failed as small business abandoned

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