On this day in labor history, the year was 1937.
That was the day the United States Supreme Court decided the case, National Labor Relations Board v. Jones & Laughlin Steel Corporation.
This case declared that the National Labor Relations Act of 1935 was constitutional.
Also known as the Wagner Act, it is a key statute that provides the legal basis for private sector workers to organize, collectively bargain and strike.
Jones & Laughlin Steel, the fourth largest steel producer in the country at the time, had fired several workers trying to organize with the Steel Workers Organizing Committee in Aliquippa, Pennsylvania in 1935.
The NLRB had originally ruled against the company and ordered the workers reinstated with full back pay.
But J&L refused, arguing that the Act was unconstitutional on the basis that the federal government did not have the right to regulate interstate commerce.
In a five to four decision, the US Supreme Court ruled that labor-management disputes did affect interstate commerce and thus, were subject to federal regulation.
Historian James Pope notes that the statute was upheld only after a “massive wave of worker militancy, punctuated by the spectacular six-week sit-down strike at General Motors’ plants in Flint Michigan, demonstrated what might have happened if the court decided the case differently.”
And in his book, The Last Great Strike: Little Steel, The CIO, and The Struggle for Labor Rights in New Deal America, legal scholar Ahmed White adds that “the case was decided only after two years of legal uncertainty… Before Jones & Laughlin was decided, CIO unions were already negotiating and signing collective bargaining agreements.”
Ruling the Wagner Act constitutional has nonetheless benefitted millions of workers for decades.
October 29 - Alice Doesn’t Day
October 28 - The Pony Express
October 27 - The 1948 Donora Smog
October 26 - America’s Florence Nightingale
October 25 - NY Daily News On Strike!
October 24 - Eight Hours for Work, Eight Hours for Rest, Eight Hours for What We Will!
October 23 - John Sweeney is Elected
October 22 - Pretty Boy Floyd Is Gunned Down
October 21 - Through Rain, Sleet, Snow & Anthrax
October 20 - Remembering Debs
October 19 - Tragedy on the Tracks
October 18 - Voice of an Era
October 17 - Fighting to End Poverty
October 16 - Thank A Farmer
October 15 - Too Little, Too Late for Radiation Sickness
October 14 - Marching for Equality
October 13 - We Whipped the Ivy League and You Can Too!
October 12 - Workers Begin to Come Together
October 11 - Remembering Mary Heaton Vorse
October 10 - With a Push of a Button, Oceans Are Joined
Create your
podcast in
minutes
It is Free
Navigating Life After 40
Teaching Learning Leading K-12
Regenerative Skills
The Jordan B. Peterson Podcast
The Mel Robbins Podcast