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.
February 27 - The 1937 Woolworth Sit-Down
February 26 - The Battle at Bethlehem
February 25 - The Paterson Silk Strike Begins
February 24 - Muller v Oregon Decided
February 23 - Black Workers Lead Historic Strike at UNC
February 22 - Labelling Teachers as Terrorists
February 21 - The First Female Telephone Operator
February 20 - Angelina Grimke is Born
February 19 - Philly Street Car Workers Spark General Strike
February 18 - Anti-Slavery Begins in America
February 17 - Standing Up By Sitting Down
February 16 - The Wisconsin Uprising Begins
February 15 - The Uprising of the 20,000 Comes to a Close
February 14 - Kansas City Laundresses Walk Off the Job
February 13 - Martial Law Declared to Crush the UAW
February 12 - The NAACP is Founded
February 11 - Cutting Corners on Safety at Sequoyah I
February 10 - Forty-Three Workers Buried Alive
February 9 - Organizing Bloody Harlan
February 8 - Butte Copper Miners Join the 1919 Strike Wave
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