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In the Public Interest

The Taft-Hartley Act
By Ralph Nader
July 18, 2002

This year marks the 55th anniversary of the passage of the Taft-Hartley Act, one of the great blows to American democracy.


Legally, it impeded employees' right to join together in labor unions, it undermined the power of unions to represent workers' interests effectively, and it authorized an array of anti-union activities by employers.

Among its key provisions, Taft-Hartley:

o Authorized states to enact so-called right-to-work laws. These laws undermine the ability to build effective unions by creating a free-rider problem -- workers can enjoy the benefits of union membership in a workplace without actually joining the union or paying union dues. Right-to-work laws increase employer leverage to resist unions by enabling them to benefit from free riders; and vastly decrease union membership, thus dramatically diminishing unions' bargaining power.

o Outlawed the closed shop, which required that persons join the union before being eligible for employment with the unionized employer. (Still permitted are provisions which require any member of a bargaining unit to pay a portion of dues to that union.)



o Required that election hearings on matters of dispute be held before a union recognition election, thus delaying the election. Delay generally benefits management, giving the employer time to coerce workers.




In short, Taft-Hartley entrenched significant executive tyranny in the workplace, with ramifications that are more severe today than ever. Union membership is at historic 60-year lows, with only 10 percent of the private economy's workforce unionized. Employer violations of labor rights are routine, and illegal firings of union supporters in labor organizing drives are at epidemic levels.
