HR 5117 ELL Chapt 1

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HR 5117 ELL Chapt 1
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  1. The Black Death - mid 14th century
    labor shortage encouraged demands for higher wages and better conditions

    Ruler's responses were swift and severe

    1339- Britain's King issues proclamation which required everyone to accept the same wages they received 2 years earlier

    New Labor laws established stiff penalties for refusing to work, for leaving a job in search of higher pay, and for an offer of higher wages by the employer
  2. Statute of Laborers - 1351
    denouncing not only workers who had the temerity to demand higher wages, but decrying those chose "rather to beg in idleness that to earn their bread in labor
  3. Largesse
    generosity in bestowing money or gifts upon others
  4. Temerity
    excessive confidence or boldness; audacity
  5. Industrial Revolution - 19th Century England & America
    witnessed the rise of the employee-at-will doctrine in the common law
  6. Employee-at-Will
    Both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all
  7. Common Law
    Judge-made law as opposed to statutes and ordinances enacted by legislative bodies
  8. In reality, the employers....
    had all the bargaining power; real negotiation of terms and conditions of employment was, for the most part a myth
  9. To put the relationship into more nearly balance, workers banded together into labor unions
    Early court cased concluded that labor organizations were criminal conspiracies
  10. Unions' first real breakthrough came in 1842...
    Supreme Court of Mass. held that unionized workers could only be indicted if either their means or their ends were illegal and that the "tendency" of organized labor to "diminish [the employer's] gains and profits" was not in itself a crime
  11. Federal Employer Liability Act (1908)
    Railway Labor Act (1926)
    • allowed for alternative methods of dispute resolution
    • first in the railroad and later in the airline industry
  12. The New Deal and the Rise of the Modern American Union
    • 1. Social Security Act (1935) - provides modest pensions to retired workers
    • 2. The National Labor Relations Act (1935) - sets the ground rules for the give and take between labor unions and corporate managers
    • 3. The Walsh-Healy Act (1936) - the first of several statutes to set the terms and conditions of employment to be provided by government contractors
    • 4. The Merchant Marine (Jones) Act (1936) - provides remedies for injured sailors
    • 5. The Fair Labor and Standards Act FLSA (1938)- set minimum wages, mandates overtime pay, and regulates child labor
  13. FDR's New Deal had to survive constitutional challenge in the Supreme Court
    In the early years of FDR's presidency (1933-1936) the Justices repeatedly refused to enforce New Deal legislation consistently declaring the new laws unconstitutional
  14. West Coast Hotel Company v Parrish
    • legislature was entitled to adopt measures to reduce the evils of what was know as the "sweating system"
    • referring to the exploiting of workers at wages so low as to be insufficient to meet the bare cost of living

    similar laws were growing in a number of states as evidence of a broadening national consensus that (1) sweatshop were evil and (2) these kinds of laws significantly contributed to their eradication

    The broader impact was essentially to sweep away judicial opposition to the flood of legislation at both the federal and state levels

    One result, workers rushed to join a union

    Corporations which resisted were charged with unfair labor practices under the National Labor Relations Act (1935) and compelled by the National Labor Relations Board to recognize and bargain with organized labor

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