The National Labor Relations Act of 1935 , also known as the Wagner Act , is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions , engage in collective bargaining , and take collective action such as strikes . Central to the act was a ban on company unions . The act was written by Senator Robert F. Wagner , passed by the 74th United States Congress , and signed into law by President Franklin D. Roosevelt .
86-520: Blue Eagle(s) may refer to: Blue Eagle (National Recovery Administration) , a symbol used to show compliance with the U.S. National Industrial Recovery Act of 1933 The Blue Eagle at Work , a legal treatise which analyzes collective bargaining under the National Labor Relations Act of 1935 Blue Eagles , British Army Air Corps helicopter aerobatic team Blue Eagle (comics) ,
172-563: A company union and template for settling labor disputes. Although a step forward in labor relations, the company union was effectively a public relations ploy that had the opposite impact of thwarting the organization of trade unions in the great organizing drives of the period. President Franklin Roosevelt signed the legislation into law on July 5, 1935. It also has its roots in a variety of different labor acts previously enacted: Under section 1 ( 29 U.S.C. § 151 ) of
258-401: A gear , symbolizing industry , in its right talon, and bolts of lightning in its left talon, symbolizing power . The NRA's slogan, "We Do Our Part", often appeared below the eagle, encouraging consumers to feel part of a collective effort. All companies that accepted President Franklin D. Roosevelt 's Re-employment Agreement or a special Code of Fair Competition were permitted to display
344-737: A Marvel Comics character The Blue Eagle , a 1926 film directed by John Ford Ateneo Blue Eagles , sports teams of Ateneo de Manila University Adelaide Blue Eagles , soccer club in Australia Blue Eagles FC , football club in Malawi Acee Blue Eagle (1907-1959), American artist MV Blue Eagle , a Singaporean coaster ship Chilean blue eagle , alias black-chested buzzard-eagle, Geranoaetus melanoleucus See also [ edit ] Blue Mountain Eagle (disambiguation) Topics referred to by
430-530: A compromise position several years later under pressure from Congress that allowed craft unions to seek separate representation of smaller groups of workers at the same time that another union was seeking a wall-to-wall unit. Employers and their allies in Congress also criticized the NLRA for its expansive definition of "employee" and for allowing supervisors and plant guards to form unions, sometimes affiliated with
516-467: A group, and so is not based on a formal or legal relationship between an employer and employee. The National Labor Relations Board (NLRB), which was established in NLRA 1935 sections 3 to 6 ( 29 U.S.C. § 153–156 ), is the primary enforcer of the Act. Employees and unions may act themselves in support of their rights, however because of collective action problems and the costs of litigation,
602-434: A labor organization as a condition of employment as authorized in section 158 (a)(3) of this title." National Labor Relations Act of 1935 § 7 Under section 8 ( 29 U.S.C. § 158 ) the law defines a set of prohibited actions by employers, employees, and unions, known as an unfair labor practice. The first five unfair labor practices aimed at employers are in section 8(a). These are, In addition, added by
688-460: A non-discrimination provision to the bill to protect against union and employee race discrimination. Despite pushes from the NAACP and National Urban League to correct discriminatory practices, the law was written without the inclusion of an anti-discrimination clause. The act also excludes independent contractors , domestic workers, and farm workers. In recent years, advocacy organizations like
774-517: A poster showing the Blue Eagle together with the announcement, "NRA Member. We Do Our Part." In addition, manufacturers began affixing the logo to product packaging and other advertising, with the Blue Eagle appearing on clothing labels, food packages, cigar labels, fruit crates, sheet music, shaving razors, and typewriter ribbons. When the Blue Eagle was first introduced, it arrived with a flurry of hope for businesses and individuals struggling as
860-544: A provision that is similar to one of the proposed amendments in the Employee Free Choice Act . Under the NLRA, unions can become the representative based on signed union authorization cards only if the employer voluntarily recognizes the union. If the employer refuses to recognize the union, the union can be certified through a secret-ballot election conducted by the NLRB. In the 2010s, Democrats began seeking
946-451: A remarkably short time, the NRA won agreements from almost every major industry in the nation. According to some conservative economists, the NRA increased the cost of doing business by forty percent. Donald Richberg , who soon replaced Johnson as the head of the NRA said: There is no choice presented to American business between intelligently planned and uncontrolled industrial operations and
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#17327719039591032-475: A result of the Great Depression. Shortly after the rules of the NRA were established, more than 10,000 businesses applied for the right to display the Blue Eagle in their store windows, by pledging their support to the program. Johnson decided to put together a Blue Eagle drive to gain support for the movement; while it worked initially, support dwindled as time went on. What started as mass support of
1118-454: A return to the gold-plated anarchy that masqueraded as "rugged individualism."... Unless industry is sufficiently socialized by its private owners and managers so that great essential industries are operated under public obligation appropriate to the public interest in them, the advance of political control over private industry is inevitable. By the time it ended in May 1935, industrial production
1204-405: A sense of national interest against private interests only so long as the spirit of national crisis prevailed. As it faded, restriction-minded businessmen moved into a decisive position of authority. By delegating power over price and production to trade associations, the NRA created a series of private economic governments. According to historian Ellis Hawley in 1976: at the hands of historians
1290-599: A series of economic studies, which the National Recovery Review Board was already doing. Many of the labor provisions reappeared in the Wagner Act of 1935. The NRA tried to end the Great Depression by organizing thousands of businesses under codes drawn up by trade associations and industries. Hugh Johnson proved charismatic in setting up publicity that glorified his new NRA. Johnson was recognized for his efforts when Time named him Man of
1376-751: A trade union are entitled to not associate or financially support it. The NLRA 1935 also does not include additional measures to protect the rights of racial minorities in the workplace. At the time, unions like the American Federation of Labor did not grant membership to black laborers while other unions like the CIO engaged in internal discrimination, providing more preferable jobs and seniority to its white members. Employers also engaged in discrimination against black union members by restricting their ability to organize and collectively bargain with white laborers. The NAACP urged Senator Robert Wagner to add
1462-699: A unanimous Court in invalidating the industrial "codes of fair competition" which the NIRA enabled the President to issue. The Court held that the codes violated the United States Constitution 's separation of powers as an impermissible delegation of legislative power to the executive branch. The Court also held that the NIRA provisions were in excess of congressional power under the Commerce Clause because they regulated commerce that
1548-482: Is different from Wikidata All article disambiguation pages All disambiguation pages Blue Eagle (National Recovery Administration) The National Recovery Administration ( NRA ) was a prime agency established by U.S. president Franklin D. Roosevelt (FDR) in 1933. The goal of the administration was to eliminate " cut throat competition " by bringing industry, labor, and government together to create codes of "fair practices" and set prices . The NRA
1634-557: Is the New York City version of the Wagner Act. The New York State Employment Relations Act was enacted in 1937. Along with other factors, the act contributed to tremendous growth of membership in the labor unions, especially in the mass-production sector. The total number of labor union members grew from three million in 1933 to eight million at the end of the 1930s, with the vast majority of union members living outside of
1720-653: Is the promotion of collective bargaining between independent trade unions, on behalf of the workforce, and the employer. encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. Various definitions are explained in section 2, ( 29 U.S.C. § 152 ) including 2(5) defining "labor organization" and 2(9) defining "labor dispute". The Act aims to protect employees as
1806-578: Is what most scholars assume the NRA codes did, the tire industry codes led to even more fragmentation and price cutting. Alexander (1997) examines the macaroni industry and concludes that cost heterogeneity was a major source of the "compliance crisis" affecting a number of NRA "codes of fair competition" that were negotiated by industries and submitted for government approval under the National Industry Recovery Act of 1933. The argument boils down to assumptions that progressives at
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#17327719039591892-495: The National Domestic Workers' Alliance have worked on the state level to pass a Domestic Workers' Bill of Rights , to extend to domestic workers the protections granted under the NLRA. Similar advocacy efforts are taking place on behalf of farm workers. "Nothing in this subchapter, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way
1978-643: The National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices , including interference with the formation or organization of labor unions by employers. The act does not apply to certain workers, including supervisors, agricultural employees, domestic workers, government employees, and independent contractors. The NLRA
2064-467: The Taft–Hartley Act , there are seven unfair labor practices aimed at unions and employees. Under section 9 ( 29 U.S.C. § 159 ) the people elected by a majority of the workforce have the right to become the exclusive representatives of workers in collective bargaining with the employer. The NLRA 1935 does not cover two main groups of employees: those working for the government and in
2150-474: The right to strike , or to affect the limitations or qualifications on that right." Wagner Act 1935 § 13 The act was bitterly opposed by the Republican Party and business groups. The American Liberty League viewed the act as a threat to freedom and engaged in a campaign of opposition in order to repeal these "socialist" efforts. This included encouraging employers to refuse to comply with
2236-413: The 2,000 businessmen on hand probably 90% opposed Mr. Williams' aim, reported Time magazine: "To them a guaranteed price for their products looks like a royal road to profits. A fixed price above cost has proved a lifesaver to more than one inefficient producer." However, it was also argued NRA's price control method promoted monopolies. The business position was summarized by George A. Sloan , head of
2322-411: The Act, the key principles and policy findings on which the Act was based are explained. The Act aims to correct the " inequality of bargaining power between employees who, according to the Act's proponents, do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association". To achieve this, the central idea
2408-424: The Blue Eagle, was popular with workers. Businesses that supported the NRA put the symbol in their shop windows and on their packages, though they did not always go along with the regulations entailed. Though membership of the NRA was voluntary, businesses that did not display the eagle were very often boycotted, making it seem mandatory for survival to many. In 1935, the U.S. Supreme Court unanimously declared that
2494-558: The Cotton Textile Code Authority: Maximum hours and minimum wage provisions, useful and necessary as they are in themselves, do not prevent price demoralization. While putting the units of an industry on a fair competitive level insofar as labor costs are concerned, they do not prevent destructive price cutting in the sale of commodities produced, any more than a fixed price of material or other element of cost would prevent it. Destructive competition at
2580-462: The NIRA, including increased hourly wages and maximum work hours. President Roosevelt's goal was for consumers to only shop at stores that displayed the Blue Eagle, and to avoid stores that did not. In doing this, Roosevelt hoped that those stores which did not comply with the policies of the NRA would change their stance, or they would risk experiencing "economic death" as a result. Many sources credit advertising art director Charles T. Coiner with
2666-493: The NLRA. Others developed in reaction to NLRB decisions. Over all, they wanted the NLRB to be neutral as to bargaining power, but the NLRA's policy section takes a decidedly pro-employee position: It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging
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2752-627: The NLRB and supporting the nationwide filing of injunctions to keep the NLRB from functioning. This campaign continued until the NLRA was found constitutional by the Supreme Court in National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937). Labor groups, while overwhelmingly supportive, expressed a set of reservations. The American Federation of Labor and some employers accused
2838-568: The NLRB of favoring the Congress of Industrial Organizations , particularly when determining whether to hold union elections in plant-wide, or wall-to-wall, units, which the CIO usually sought, or to hold separate elections in separate craft units, which the craft unions in the AFL favored. While the NLRB initially favored plant-wide units, which tacitly favored the CIO's industrial unionism , it retreated to
2924-493: The NRA allowed majority coalitions of small, high-cost firms to impose codes in heterogeneous industries, and that these codes were designed by the high-cost firms under an ultimately erroneous belief that they would be enforced by the NRA. Storrs (2000) says the National Consumers' League (NCL) had been instrumental in the passage and legal defense of labor legislation in many states since 1899. Women activists used
3010-463: The NRA and Blue Eagle were a big enough impact for artists to incorporate it into their work. Other items that used the Blue Eagle symbol include buttons, picture frames, candy boxes and tape packaging. The most famous use of the Blue Eagle is perhaps as an NFL team name, when the franchise from Philadelphia named their team the Eagles . Bert Bell and Lud Wray purchased the team in 1933 and changed
3096-436: The NRA and the Blue Eagle symbol that accompanied it turned into resentment and disapproval, especially from the businesses that were boycotted because they refused to display the symbol in their front windows. In addition to businesses displaying posters in storefront windows, in advertising, and in packaging and labels, American consumers and businesses used the Blue Eagle in a variety of other ways. Citizen consumers stitched
3182-598: The NRA codes. However, violations of codes became common and attempts were made to use the courts to enforce the NRA. The NRA included a multitude of regulations imposing the pricing and production standards for all sorts of goods and services. Individuals were arrested for not complying with these codes. For example, one small businessman was fined for violating the "Tailor's Code" by pressing a suit for 35 rather than NRA required 40 cents. Roosevelt critic John T. Flynn , in The Roosevelt Myth (1944), wrote: The NRA
3268-669: The NRA law was unconstitutional, ruling that it infringed the separation of powers under the United States Constitution . The NRA quickly stopped operations, but many of its labor provisions reappeared in the National Labor Relations Act (Wagner Act), passed later the same year. The long-term result was a surge in the growth and power of unions , which became a core of the New Deal Coalition that dominated national politics for
3354-665: The NRA with fostering cartels . The Darrow board, influenced by Justice Louis D. Brandeis , wanted instead to promote competitive capitalism. Representing big business, the American Liberty League , 1934–40, was run by leading industrialists who opposed the liberalism of the New Deal. Regarding the controversial NRA, the League was ambivalent. Jouett Shouse , the League president, commented that "the NRA has indulged in unwarranted excesses of attempted regulation"; on
3440-642: The National Labor Relations Board is designed to assist and bear some of the costs. Under section 3, ( 29 U.S.C. § 153 ) the NLRB has two basic functions: overseeing the process by which employees decide whether to be represented by a labor organization and prosecuting violations. Those processes are initiated in the regional offices of the NLRB. The General Counsel of the National Labor Relations Board give legal advice. Sections 4 ( 29 U.S.C. § 154 ) and 5 ( 29 U.S.C. § 155 ) set out provisions on
3526-589: The National Recovery Administration of 1933–35 has fared badly. Cursed at the time, it has remained the epitome of political aberration, illustrative of the pitfalls of “planning” and deplored both for hampering recovery and delaying genuine reform. National Labor Relations Act The National Labor Relations Act seeks to correct the " inequality of bargaining power " between employers and employees by promoting collective bargaining between trade unions and employers. The law established
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3612-540: The New Deal opportunity to gain a national forum. General Secretary Lucy Randolph Mason and her league relentlessly lobbied the NRA to make its regulatory codes just and fair for all workers and to eliminate explicit and de facto discrimination in pay, working conditions, and opportunities for reasons of sex, race, or union status. Even after the demise of the NRA, the league continued campaigning for collective bargaining rights and fair labor standards at both federal and state levels. About 23 million people were employed under
3698-528: The Year of 1933—choosing him instead of FDR. By 1934 the enthusiasm that Johnson had so successfully created had faded. Johnson was faltering badly, which historians ascribe to the profound contradictions in NRA policies, compounded by Johnson's heavy drinking on the job. Big business and labor unions both turned hostile. According to biographer John Ohl (as summarized by reviewer Lester V. Chandler): Johnson's priorities became evident almost immediately. In
3784-530: The Year " in 1933. Johnson saw the NRA as a national crusade designed to restore employment and regenerate industry. Johnson called on every business establishment in the nation to accept a stopgap "blanket code": a minimum wage of between 20 and 45 cents per hour, a maximum workweek of 35 to 45 hours, and the abolition of child labor . Johnson and Roosevelt contended that the "blanket code" would raise consumer purchasing power and increase employment. Historian Clarence B. Carson noted: At this moment in time from
3870-438: The benefit of a more efficient and diplomatic management and a more tolerant Supreme Court the NRA probably would not have survived much longer. It's inherent conflicts and inconsistencies were just too strong. Historian William E. Leuchtenburg argued in 1963: The NRA could boast some considerable achievements: it gave jobs to some two million workers; it helped stop a renewal of the deflationary spiral that had almost wrecked
3956-476: The case of an overwhelming national emergency the Federal Government for a limited period should be permitted to assume jurisdiction of them." The NRA negotiated specific sets of codes with leaders of the nation's major industries; the most important provisions were anti-deflationary floors below which no company would lower prices or wages, and agreements on maintaining employment and production. In
4042-409: The collective bargaining provisions of section 7A. Agreement among the parties was finally reached only after the NRA threatened that it would impose a code. The code did not establish price stabilization, nor did it resolve questions of industrial self-government versus governmental supervision or of centralization versus local autonomy, but it made dramatic changes in abolishing child labor, eliminating
4128-525: The compulsory scrip wages and company store, and establishing fair trade practices. It paved the way for an important wage settlement. In early 1935 the new chairman, Samuel Clay Williams , announced that the NRA would stop setting prices, but businessmen complained. Chairman Williams told them plainly that, unless they could prove it would damage business, NRA was going to put an end to price control. Williams said, "Greater productivity and employment would result if greater price flexibility were attained." Of
4214-466: The courts. Under section 11 it can lead investigations, collect evidence, issue subpoenas , and require witnesses to give evidence. Under section 12 ( 29 U.S.C. § 162 ) it is an offense for people to unduly interfere with the Board's conduct. In practice, the act was often ignored when it suited political powers, most notably by Walt Disney in 1940 who formed a company union in violation of
4300-479: The design. When the NRA was looking for someone to design its symbol, a governmental contract with Philadelphia advertising agency N.W. Ayer led them to Coiner, who had gotten a job with Ayer in 1924, nine years before the creation of the NRA. According to a few sources, however, it was sketched by Johnson, based on an idea used by the War Industries Board during World War I . The eagle holds
4386-497: The difficulty the business man has in keeping informed of these codes, supplemental codes, code amendments, executive orders, administrative orders, office orders, interpretations, rules, regulations and obiter dicta ." On May 27, 1935, in the court case of Schechter Poultry Corp. v. United States , the Supreme Court held the mandatory codes section of NIRA unconstitutional. Chief Justice Charles Evans Hughes wrote for
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#17327719039594472-603: The early days of the New Deal, it is difficult to recapture, even in imagination, the heady enthusiasm among a goodly number of intellectuals for a government planned economy . So far as can now be told, they believed that a bright new day was dawning, that national planning would result in an organically integrated economy in which everyone would joyfully work for the common good, and that American society would be freed at last from those antagonisms arising, as General Hugh Johnson put it, from "the murderous doctrine of savage and wolfish individualism, looking to dog-eat-dog and devil take
4558-613: The efficacy of the NLRA by inhibiting the law from applying to shifting circumstances. Opponents of the Wagner Act introduced several hundred bills to amend or repeal the law in the decade after its passage. All of them failed or were vetoed until the passage of the Labor Management Relations Act of 1947, or the Taft–Hartley Act , in 1947. More recent unsuccessful efforts included attempts in 1978 to permit triple backpay awards and union collective bargaining certification based on signed union authorization cards,
4644-399: The expense of employees is lessened, but it is left in full swing against the employer himself and the economic soundness of his enterprise....But if the partnership of industry with Government which was invoked by the President were terminated (as we believe it will not be), then the spirit of cooperation, which is one of the best fruits of the NRA equipment, could not survive. The Blue Eagle
4730-494: The force of law, which were contained in some 3,000 administrative orders running to over 10 million pages, and supplemented by what Clapper said were "innumerable opinions and directions from national, regional and code boards interpreting and enforcing provisions of the act." There were also "the rules of the code authorities, themselves, each having the force of law and affecting the lives and conduct of millions of persons." Clapper concluded: "It requires no imagination to appreciate
4816-708: The government controls and spending of 1917–18. In his June 13, 1933 "Statement on the National Industrial Recovery Act", President Roosevelt described the spirit of the NRA: "On this idea, the first part of the NIRA proposes to our industry a great spontaneous cooperation to put millions of men back in their regular jobs this summer." He further stated, "But if all employers in each trade now band themselves faithfully in these modern guilds—without exception—and agree to act together and at once, none will be hurt and millions of workers, so long deprived of
4902-569: The hindmost. The negotiations of a code for the bituminous coal industry came against the background of a rapidly swelling union, the United Mine Workers headed by John L. Lewis and an unstable truce in the Pennsylvania coal fields. The NRA tried to get the principals to compromise with a national code for a decentralized industry in which many companies were anti-union, sought to keep wage differentials, and tried to escape
4988-546: The instant. Night work was forbidden. Flying squadrons of these private coat-and-suit police went through the district at night, battering down doors with axes looking for men who were committing the crime of sewing together a pair of pants at night. But without these harsh methods many code authorities said there could be no compliance because the public was not back of it. The NRA was famous for its bureaucracy. Journalist Raymond Clapper reported that between 4,000 and 5,000 business practices were prohibited by NRA orders that carried
5074-644: The law in order to prevent the Cartoon Unionists Guild, a Trade Union, from gaining a foothold in Disney Studios. Section 7 ( 29 U.S.C. § 157 ) sets out the general principle that employees have the right to join a trade union and engage in collective bargaining. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for
5160-624: The limitation on working in the employer's usual business. Objections are based on the inconveniences and costs of meeting the criterion. For instance, it prevents small venues from hiring performers, even for one-night stands, unless they are hired as employees. As a result, in the California phase of the campaign, numerous occupations of independent contractors were exempted from the test in California Assembly Bill 5 (2019) . The Little Wagner Act, written by Ida Klaus ,
5246-469: The logo onto doilies, tapestries, and quilts to show their allegiance to the program. Grassroots quilt makers designed, constructed, and displayed quilts bearing the symbol, not following one pattern source, but creating their own. Some of these quilt makers sent their Blue Eagle quilts as gifts to the Roosevelts. Like any other art, there is more meaning behind these quilts than being simply quilts;
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#17327719039595332-490: The name of the team in honor of the NRA. Most businesses adopted the NRA without complaint, but Henry Ford was reluctant to join. The National Recovery Review Board, headed by noted criminal lawyer Clarence Darrow , a prominent liberal, was set up by President Roosevelt in March 1934 and abolished by him that same June. The board issued three reports highly critical of the NRA from the perspective of small business, charging
5418-400: The narrowing of the Act's provisions allowing workers to be hired as independent contractors, thus bringing them under the jurisdiction of the Act. Legislators have introduced a standard for independent contracting termed the "ABC test", after its three criteria A, B and C. To be hired as an independent contractor, the worker must: Independent contractors and employers have objected to B,
5504-419: The nation; it did something to improve business ethics and civilize competition; it established a national pattern of maximum hours and minimum wages; and it all but wiped out child labor and the sweatshop. But this was all it did. It prevented things from getting worse, but it did little to speed recovery, and probably actually hindered it by its support of restrictionism and price raising. The NRA could maintain
5590-533: The next three decades. As part of the "First New Deal", the NRA was based on the premise that the Great Depression was caused by market instability and that government intervention was necessary to balance the interests of farmers, business and labor. The NIRA, which created the NRA, declared that codes of fair competition should be developed through public hearings, and gave the Administration
5676-404: The officers of the Board and their expenses. Section 6 ( 29 U.S.C. § 156 ) empowers the Board to issue rules interpreting the labor legislation. This will generally be binding, unless a court deems it to have acted outside its authority. Under section 10 ( 29 U.S.C. § 160 ) the NLRB is empowered to prevent unfair labor practices, which may ultimately be reviewed by
5762-482: The other, he added that "in many regards [the NRA] has served a useful purpose." Shouse said that he had "deep sympathy" with the goals of the NRA, explaining, "While I feel very strongly that the prohibition of child labor, the maintenance of a minimum wage and the limitation of the hours of work belong under our form of government in the realm of the affairs of the different states, yet I am entirely willing to agree that in
5848-426: The power to develop voluntary agreements with industries regarding work hours, pay rates, and price fixing. The NRA was put into operation by an executive order , signed the same day as the passage of the NIRA. New Dealers who were part of the administration of President Franklin D. Roosevelt saw the close analogy with the earlier crisis handling the economics of World War I . They brought ideas and experience from
5934-438: The practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection . Some of these changes were later achieved in the 1947 amendments. Over time, the U.S. Supreme Court has gradually undone
6020-540: The prescription, "Self regulation of industry under government supervision" the emphasis was to be on maximum freedom for business to formulate its own rules with a minimum of government supervision. Consumer protection and the interests of labor were of decidedly lesser importance. To induce business to formulate and abide by codes of fair competition Johnson was willing to condone almost any type of price fixing, restriction of production, limitation of productive capacity, and other types of anti-competitive practices....even with
6106-416: The purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3). Specific rules in support of collective bargaining are as follows. "Employees shall have
6192-483: The railway or airline industries. Section 2(2) (29 USC §152(2)) states that the Act does not apply to employees of the "United States or any wholly owned Government corporation, or any Federal Reserve Bank , or any State or political subdivision thereof, or any person subject to the Railway Labor Act ". Under section 19 ( 29 U.S.C. § 169 ), people who have religious convictions against joining
6278-414: The right to earn their bread in the sweat of their labor, can raise their heads again. The challenge of this law is whether we can sink selfish interest and present a solid front against a common peril." The first director of the NRA was Hugh S. Johnson , a retired United States Army general who had been in charge of supervising the wartime economy in 1917–1918. He was named Time magazine's " Man of
6364-437: The right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in
6450-417: The same term [REDACTED] This disambiguation page lists articles associated with the title Blue Eagle . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Blue_Eagle&oldid=1210208291 " Category : Disambiguation pages Hidden categories: Short description
6536-419: The unions that represented the employees whom they were supposed to supervise or police. Many accused the NLRB of a general pro-union and anti-employer bias, pointing to the Board's controversial decisions in such areas as employer free speech and "mixed motive" cases, in which the NLRB held that an employer violated the Act by using misconduct that ordinarily would not result in termination to fire an employee who
6622-528: Was 22% higher than in May 1933. Pennock (1997) shows that the rubber tire industry faced debilitating challenges, mostly brought about by changes in the industry's retail structure and exacerbated by the Depression. Segments of the industry attempted to use the NRA codes to solve these new problems and stabilize the tire market, but the tire manufacturing and tire retailing codes were patent failures. Instead of leading to cartelization and higher prices, which
6708-519: Was a subsidiary of Standard Oil, and John D. Rockefeller Jr. sought expert advice from the new field of public relations to prolong the settlement of the strike. He also recruited the former Canadian Labour Secretary (and future Prime Minister) MacKenzie King to the Rockefeller Foundation to broker a solution to the prolonged strike. The settlement resulted in the establishment of a Management-Labor conciliation board, which evolved into
6794-413: Was a symbol used in the United States by companies to show compliance with and support of the National Industrial Recovery Act. To mobilize political support for the NRA, Johnson launched the "NRA Blue Eagle" publicity campaign to boost his bargaining strength to negotiate the codes with business and labor. Businesses were entitled to display the logo only if they abided by the labor standards mandated by
6880-540: Was created by the National Industrial Recovery Act (NIRA) and allowed industries to get together and write "codes of fair competition". The codes intended both to help workers set minimum wages and maximum weekly hours, as well as minimum prices at which products could be sold. The NRA also had a two-year renewal charter and was set to expire in June 1935 if not renewed. The NRA, symbolized by
6966-413: Was discovering it could not enforce its rules. Black markets grew up. Only the most violent police methods could procure enforcement. In Sidney Hillman's garment industry the code authority employed enforcement police. They roamed through the garment district like storm troopers. They could enter a man's factory, send him out, line up his employees, subject them to minute interrogation, take over his books on
7052-465: Was engaged in pro-union activity. In addition, employers campaigned over the years to outlaw a number of union practices such as closed shops , secondary boycotts , jurisdictional strikes , mass picketing, strikes in violation of contractual no-strike clauses, pension and health and welfare plans sponsored by unions and multi-employer bargaining . Many of these criticisms included provisions that employers and their allies were unable to have included in
7138-468: Was indirect, and therefore beyond federal reach. Specifically, the Court invalidated regulations of the poultry industry promulgated under the authority of the National Industrial Recovery Act of 1933, including price fixing and wage fixing , as well as requirements regarding a whole shipment of chickens, including unhealthy ones, which led to the case becoming known as "the sick chicken case". The ruling
7224-491: Was not interstate in character. The Court distinguished between direct effects on interstate commerce, which Congress could lawfully regulate, and indirect, which were purely matters of state law. Though the raising and sale of poultry was an interstate industry, the Court found that the "stream of interstate commerce" had stopped in this case: Schechter's slaughterhouses bought chickens only from intrastate wholesalers and sold to intrastate buyers. Any interstate effect of Schechter
7310-401: Was one of a series which overturned some New Deal legislation between January 1935 and January 1936. Subsequent to the decision, the remainder of Title I was extended until April 1, 1936, by joint resolution of Congress (49 Stat. 375), June 14, 1935, and NRA was reorganized by E.O. 7075, June 15, 1935, to facilitate its new role as a promoter of industrial cooperation and to enable it to produce
7396-515: Was strongly opposed by conservatives and members of the Republican Party , but it was upheld in the Supreme Court case of NLRB v. Jones & Laughlin Steel Corp. , decided April 12, 1937. The 1947 Taft–Hartley Act amended the NLRA, establishing a series of labor practices for unions and granting states the power to pass right-to-work laws . The act's origins may be traced to the bloody Colorado Fuel and Iron Strike of 1914. Colorado Fuel
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