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State Powers in Labor Relations

May 1, 1954

Report Outline
State vs. Federal Authority in Labor Law
State Regulation of Labor Union Activity
Overriding of State by Federal Regulation
Debate Over Proper Scope of State Control

State vs. Federal Authority in Labor Law

State' Rights Amendments to Taft-Hartley Act

Federal authority in the field of labor-management relations, grown dominant during the past 20 years, will be materially restricted if House and Senate come to agreement on bills now pending to revise the Taft-Hartley Act. The trend toward federal domination was given powerful impetus by the Wagner Act of 1935 and was accentuated by the Taft-Hartley Act of 1947. It would be reversed, under current proposals, in one or both of two ways: (1) by limiting the jurisdiction of the National Labor Relations Board and (2) by specifically affirming the authority of the states to act in a much wider area of labor relations than at present.

A bill reported by the Senate Labor Committee on Apr. 15, and scheduled for early debate, would authorize N.L.R.B. to decline to take jurisdiction in labor relations cases which in its opinion would have little effect on interstate commerce. The bill would affirm the right of state agencies to assert jurisdiction in such cases. In addition, it would make it clear that nothing in the Taft-Hartley Act should be construed to deprive the states of authority to take action, under their own laws, in labor emergencies constituting “a clear and present danger to the health or safety” of their citizens.

An even stronger “states' rights” bill is expected from the House Labor Committee, which already has given tentative approval to outright abolition of N.L.R.B. and transfer of cases of federal labor law violation to the courts. There is strong sentiment in the House committee for leaving to the states the handling of all labor disputes except those seriously affecting the national interest.

ISSUE TRACKER for Related Reports
Labor Unions
Sep. 02, 2005  Labor Unions' FutureUpdated
Jun. 28, 1996  Labor Movement's Future
Jun. 14, 1985  Organized Labor in the 1980s
Nov. 06, 1981  Labor Under Siege
Mar. 24, 1978  Labor's Southern Strategy
Aug. 20, 1976  Labor's Options
Oct. 27, 1971  Organized Labor After the Freeze
Oct. 19, 1966  Labor Strife and the Public Interest
Jan. 30, 1963  Strike Action and the Law
Sep. 20, 1961  Conflicts in Organized Labor
Aug. 04, 1960  Labor, Management, and the National Interest
Dec. 16, 1959  Future of Free Collective Bargaining
Nov. 04, 1959  Featherbedding and Union Work Rules
Feb. 18, 1959  Public Intervention in Labor Disputes
Jul. 09, 1958  Suits Against Labor Unions
Nov. 13, 1957  Right-To-Work Laws
Oct. 31, 1956  Union Organizing
May 01, 1954  State Powers in Labor Relations
Oct. 02, 1953  Toward Labor Unity
Apr. 11, 1953  Industry-Wide Bargaining and Industry-Wide Strikes
Sep. 03, 1952  Labor and Politics
Mar. 25, 1950  Labor Injunctions
Jan. 25, 1950  Trade Unions and Productivity
Sep. 26, 1949  Fact-Finding Boards in Labor Disputes
Mar. 05, 1949  Closed Shop
Dec. 01, 1948  Revision of the Taft-Hartley Act
Jan. 01, 1947  Labor Unions, the Public and the Law
Oct. 09, 1946  Revision of the Wagner Act
Sep. 25, 1946  Labor Productivity
May 29, 1946  Labor Organization in the South
Jan. 30, 1946  Compulsory Settlement of Labor Disputes
May 18, 1945  Labor Policy After the War
Mar. 29, 1945  Union Maintenance
Feb. 02, 1945  Labor Relations in Coal Mining
Oct. 12, 1944  No-Strike Pledge
Sep. 16, 1944  Political Action by Organized Labor
May 30, 1944  Unionization of Foremen
Apr. 01, 1944  Dismissal Pay
Apr. 29, 1943  Labor in Government
Apr. 09, 1943  Public Regulation of Trade Unions
Nov. 19, 1941  Labor Policies of the Roosevelt Administration
Oct. 23, 1941  Closed Shop Issue in Labor Relations
Mar. 29, 1941  Labor as Partner in Production
Feb. 12, 1941  Labor and the Defense Program
Feb. 23, 1940  Labor in Politics
Jan. 17, 1939  Settlement of Disputes Between Labor Unions
Jul. 01, 1938  Three Years of National Labor Relations Act
Nov. 12, 1937  State Regulation of Labor Relations
Jul. 10, 1937  Restrictions on the Right to Strike
Apr. 28, 1937  The Labor Market and the Unemployed
Mar. 26, 1937  Control of the Sit-Down Strike
Mar. 13, 1937  Collective Bargaining in the Soft-Coal Industry
Jan. 22, 1937  Responsibility of Labor Unions
Nov. 11, 1936  Industrial Unionism and the A.F. of L.
Jul. 30, 1936  Federal Intervention in Labor Disputes
Jul. 14, 1936  Labor Relations in the Steel Industry
Apr. 17, 1934  Company Unions and Collective Bargaining
Feb. 07, 1934  Settlement of Labor Disputes
Sep. 12, 1933  Trade Unionism Under the Recovery Program
Feb. 17, 1932  Wage Concessions by Trade Unions
Oct. 01, 1929  Status of the American Labor Movement
Jul. 20, 1929  Trade Unionism in the South
Aug. 31, 1928  Organized Labor in National Politics
Feb. 04, 1928  The Use of Injunctions in Labor Disputes
Sep. 09, 1927  Organized Labor and the Works Council Movement
Oct. 12, 1923  The A.F. of L. and the “New Radicalism”
BROWSE RELATED TOPICS:
State, Local, and Intergovernmental Relations
Unions and Labor-Management Relations
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