Word: hartleys
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Before his resignation, Secretary of Labor Durkin and representatives of labor and management had drawn up nineteen amendments to the Act. Though Durkin's suggestions are worthwhile, Eisenhower must not limit his consideration to them alone. A re-examination of the broad aims of the Taft-Hartley Act and how well it has served these aims is essential...
Contrary to widespread fable, the Taft-Hartley Act was drafted to protect labor as well as to correct some of the abuses unions were permitted under the Wagner act. In one respect, however, the laws makes the same omission in protection as its predecessor: it contains no effective provision to deal with an employer who breaks the law while fighting attempts of a union to organize his factory. Since an unfair practices suit requires at least a year to settle, an obstructionist employer can easily stave off union organization with delays. Even should the union ultimately win its suit against...
Another area in which protection under Taft-Hartley is vague is in the protection afforded "neutrals" in labor disputes. Under Section 8 (b) (4) (A), Taft-Hartley forbids a union to strike against an employer if its motive is to pressure the employer from dealing with some other producer. But if this law were to be enforced with its present hazy wording, employees in a plant could be required to continue work for one employer while other union members were striking in the factory of his ally. The law should be so amended that if such an alliance is shown...
Perhaps the greatest single contribution the Taft-Hartley Act should provide, however, is a workable labor policy for time of national emergency. But it is in establishing emergency procedures that some of the gravest weaknesses in the law have appeared. The injunction provision of the bill, invoked twelve times, has been actually successful in only three of them. Often the unpopularity of the injunction with union officials has delayed arbitration when it should have facilitated it. In place of this clumsy, unpopular procedure, Congress should authorize a plan similar to the one recently proposed by economist Sumner Slichter. Such...
These are a few of the broad problems to be met in revising the Taft-Hartley law; the very number of Mr. Durkin's amendments shows that many smaller issues are unsettled. He would, for example, reduce a required 60-day notice-of-contract-termination clause in the act to thirty. But here again, it is not enough to effect these changes without considering the many associated questions. In this instance, the penalty for violating the sixty-day notice requirement is one-sided: stringent on laber, not so harsh on management. While the length of notification is being considered, penalties...