OCR Specification focus:
‘Federal governments alternated between support for and opposition to labour rights.’
From 1865 to the late twentieth century, the federal government’s relationship with labour rights oscillated dramatically, shaping trade union power through legislative acts, presidential policies, and judicial decisions.
The Federal Government’s Role in Labour Rights: Overview
The federal government in the United States played a crucial and changing role in shaping the fortunes of trade unions and labour rights from the late nineteenth century to the end of the twentieth century. Its actions — whether legislative, executive, or judicial — often determined the success or failure of organised labour movements. The balance between support and opposition was influenced by shifting economic conditions, political ideologies, social pressures, and corporate interests.
Federal Opposition in the Gilded Age (1865–1900)
Hostility to Organised Labour
In the late nineteenth century, the federal government largely sided with business and industry, opposing trade unions and workers’ attempts to improve pay and conditions. This reflected the prevailing laissez-faire ideology and the belief that government should not interfere in the economy.
The use of injunctions — legal orders preventing strikes — became a powerful tool against unions.
President Grover Cleveland’s deployment of federal troops during the Pullman Strike (1894) demonstrated clear government opposition.
Photograph of the Pullman Strike in 1894, showing striking workers and rail stock as federal troops intervened under President Cleveland’s orders. This illustrates how the federal government used force to suppress labour action in the Gilded Age. Source
Supreme Court decisions often undermined labour rights. In In re Debs (1895), the Court upheld the use of injunctions and federal intervention against strikes.
Injunction: A legal order issued by a court requiring an individual or group to cease a particular action, such as striking or picketing.
The overall federal stance in this era reflected fear of radicalism and commitment to property rights, leaving unions fragmented and weak.
Shifting Federal Attitudes: Progressive Era and World War I (1900–1919)
Gradual Supportive Measures
In the early twentieth century, the Progressive Era brought limited reforms. Presidents like Theodore Roosevelt showed willingness to mediate industrial disputes, as seen in the 1902 Anthracite Coal Strike, where federal intervention secured concessions for workers.
The Clayton Antitrust Act (1914) offered modest legal protections, stating that labour unions were not conspiracies in restraint of trade — though its enforcement was inconsistent.
During World War I, the federal government recognised the strategic importance of labour stability. The National War Labor Board (NWLB), established by President Woodrow Wilson, encouraged collective bargaining and improved wages to prevent strikes and maintain production.
Despite these developments, federal support remained conditional and often tied to national interests rather than ideological support for workers’ rights.
The Red Scare and Return to Opposition (1919–1929)
Following World War I, fears of communism and radicalism fuelled hostility toward organised labour. The 1919 Seattle General Strike and other labour actions prompted harsh crackdowns.
The federal government under Republican presidents Harding, Coolidge, and Hoover reverted to a pro-business stance, supporting employers in disputes.
The Supreme Court further restricted union power, as in Duplex Printing Press Co. v. Deering (1921), which limited secondary boycotts.
Federal agencies often collaborated with employers in strike-breaking efforts, using police, troops, and legal mechanisms to suppress industrial action.
The interwar period reaffirmed the state’s readiness to oppose unions when they appeared to threaten economic stability or political order.
Federal Transformation: The New Deal Era (1930s)
Roosevelt and Pro-Union Legislation
The Great Depression dramatically shifted the federal government’s role. President Franklin D. Roosevelt and the New Deal prioritised labour rights as part of economic recovery.
The National Industrial Recovery Act (NIRA, 1933) initially recognised workers’ rights to organise and bargain collectively.
More significantly, the Wagner Act (National Labor Relations Act, 1935) entrenched these rights in law. It created the National Labor Relations Board (NLRB) to oversee labour relations and protect union activities.
The Fair Labor Standards Act (1938) set minimum wages and maximum hours, directly improving workers’ conditions.
Collective Bargaining: The process by which trade unions negotiate with employers on behalf of workers over wages, hours, and conditions.
This period marked the peak of federal support for labour, enabling rapid union growth and enhancing workers’ bargaining power.
Post-War Retrenchment and Federal Opposition (1945–1960s)
Limiting Union Power
After World War II, concerns about union militancy and communist influence prompted a shift towards restricting union power.
The Taft–Hartley Act (1947), passed over President Harry Truman’s veto, imposed severe limits on union activity:
Banned closed shops (where only union members could be hired).
Required union leaders to sign non-communist affidavits.
Allowed presidential intervention to delay strikes.
Federal courts often upheld these restrictions, curbing union autonomy.
Despite these measures, some supportive actions continued. For example, the Kennedy administration’s Executive Order 10988 (1962) granted federal employees the right to unionise, showing that federal attitudes remained mixed.
Renewed Support and Legislative Expansion (1960s–1970s)
Expanding Labour Protections
The 1960s and 1970s saw a renewed wave of federal action expanding labour rights, influenced by broader civil rights and social reform movements.
The Civil Rights Act (1964) and Equal Pay Act (1963) addressed workplace discrimination and inequality.
The Occupational Safety and Health Act (1970) established federal responsibility for workplace safety standards.
The Public Sector Labour Movement gained momentum with increased federal support, significantly expanding union membership.
Federal policies during this era reflected a broader commitment to social justice and worker protection, even as economic challenges loomed.
The Reagan Era: Hostility Resurfaces (1980s)
Restriction and Decline
The election of Ronald Reagan marked a decisive return to federal opposition toward organised labour, reflecting neoliberal economic priorities and a pro-business agenda.
The Professional Air Traffic Controllers Organization (PATCO) strike (1981) became a turning point.
President Ronald Reagan addresses reporters in the White House Rose Garden about the PATCO strike in August 1981, shortly before firing over 11,000 striking air traffic controllers. This marked a dramatic federal reassertion of opposition to organised labour. Source
Reagan fired over 11,000 striking federal workers, signalling a hard-line stance against unions.
Federal policies encouraged deregulation and weakened enforcement of labour laws, reducing union influence.
The Supreme Court often ruled in ways that limited union power and expanded employer rights.
By the end of the 1980s, union membership and power had significantly declined, shaped by a federal government far less sympathetic to labour demands.
A Cycle of Support and Opposition
Throughout the period from 1865 to 1992, the federal government’s stance toward labour rights oscillated in response to economic conditions, political ideologies, and social movements. From suppression during the Gilded Age, to unprecedented support under the New Deal, to renewed hostility under Reagan, federal policy remained a decisive factor in the fortunes of trade unions and workers in the United States.
FAQ
The Supreme Court significantly influenced labour relations by either upholding or limiting union power.
In the late 19th and early 20th centuries, decisions like In re Debs (1895) supported federal intervention against strikes, weakening union influence.
In Lochner v. New York (1905), the Court struck down labour protection laws, reinforcing laissez-faire principles.
Later, NLRB v. Jones & Laughlin Steel Corp. (1937) upheld the Wagner Act, strengthening union rights and marking a shift toward federal support.
These decisions reveal how judicial interpretation often determined the practical impact of federal policy.
During major conflicts like World War I and World War II, national security and production demands led the government to adopt a more cooperative stance toward labour.
Agencies such as the National War Labor Board were established to mediate disputes and prevent strikes.
Workers gained improved wages and recognition of collective bargaining rights to maintain industrial stability.
This support was often temporary and strategic, with the government reverting to a more restrictive stance once the wartime need for labour unity ended.
Political ideology strongly influenced whether the federal government supported or opposed labour rights.
Laissez-faire capitalism in the Gilded Age prioritised business interests and limited intervention, resulting in opposition to unions.
New Deal liberalism under Franklin D. Roosevelt promoted government intervention to protect workers and stabilise the economy.
Conservative neoliberalism under Ronald Reagan emphasised free markets and individualism, leading to deregulation and hostility towards unions.
Shifts in political ideology directly shaped legislation, enforcement, and executive action affecting trade unions.
Union membership trends often mirrored changes in federal policy.
Limited government support in the late 19th century kept membership low and unions weak.
New Deal legislation in the 1930s caused membership to surge, as workers gained legal protections and bargaining rights.
Restrictive measures like the Taft–Hartley Act (1947) and Reagan-era policies in the 1980s contributed to sharp declines in membership.
Thus, federal actions could either empower unions to grow or weaken them through legal and political pressure.
Federal policies did not affect all sectors equally.
Industrial workers benefited most from New Deal legislation and wartime protections, gaining union recognition and better conditions.
Public sector employees were initially excluded but gained rights later, notably with Kennedy’s Executive Order 10988 (1962).
Agricultural and domestic workers often remained excluded from major protections, leaving them vulnerable to exploitation.
This uneven application highlights the selective nature of federal labour policy and its varied impact across the workforce.
Practice Questions
Question 1 (2 marks):
Name two ways in which the federal government opposed trade unions during the Gilded Age (c.1865–1900).
Mark Scheme:
Award 1 mark for each correct example of federal opposition.
Use of injunctions by courts to prevent strikes. (1 mark)
Deployment of federal troops during the Pullman Strike (1894) to break industrial action. (1 mark)
Supreme Court rulings, such as In re Debs (1895), which upheld federal intervention against strikes. (1 mark)
Question 2 (6 marks):
Explain how federal government actions both supported and opposed the rights of trade unions between 1930 and 1992.
Mark Scheme:
Level 1 (1–2 marks):
Limited knowledge shown.
General points made about support or opposition with little detail.
May mention the Wagner Act or Reagan but without explanation.
Level 2 (3–4 marks):
Sound knowledge with some explanation of support and opposition.
Likely to mention Wagner Act (1935) and Taft–Hartley Act (1947) or Reagan’s actions.
Some attempt to explain how government actions affected trade unions.
Level 3 (5–6 marks):
Detailed knowledge and clear explanation of both support and opposition.
Support examples might include:
Wagner Act (1935) and creation of the NLRB, strengthening collective bargaining rights.
Fair Labor Standards Act (1938) improving working conditions.
Opposition examples might include:
Taft–Hartley Act (1947) restricting union activities and banning closed shops.
Reagan’s dismissal of PATCO strikers (1981) and subsequent weakening of union power.
Clear explanation of how these actions shaped trade unions and labour rights.
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