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29 U.S.C. § 151Findings and declaration of policy

submitted 91 years ago by ch. 372 to r/title-29-LABOR · 448 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains why Congress protects workers' right to organize and bargain collectively. When employers deny that right, strikes break out and disrupt interstate commerce. Congress declares its policy is to encourage collective bargaining and protect workers' freedom to organize, while also curbing labor practices that obstruct commerce.

This section is not a rule telling anyone what to do. It is Congress explaining why the law that follows exists. First, Congress says that when some employers refuse to let workers organize or bargain together, strikes and other labor unrest follow. These strikes hurt interstate commerce in four ways: (a) they can make transportation and other commerce-related businesses run less safely or efficiently; (b) they can happen right in the middle of the flow of commerce; (c) they can affect the price or supply of raw materials and finished goods moving in commerce; and (d) they can cause so much lost employment and wages that they shrink the market for goods moving in commerce. Second, Congress says unequal bargaining power is also a problem. When individual workers lack real freedom to organize and cannot bargain on equal terms, while employers are organized as corporations, this imbalance also burdens commerce. It worsens business depressions by pushing down wages and workers' buying power, and it stops wage rates and working conditions from stabilizing within and across industries. Third, Congress states that experience shows protecting the legal right to organize and bargain collectively helps commerce. It removes recognized causes of labor unrest, encourages friendly settlement of disputes over wages, hours, and working conditions, and restores balance in bargaining power between employers and employees. Fourth, Congress notes that some practices by labor organizations, their officers, and members can also burden or obstruct commerce — for example, by blocking the free flow of goods through strikes or other concerted activity that harms the public's interest in that free flow. Congress says eliminating such practices is necessary to protect the rights this law guarantees. Finally, Congress declares the policy of the United States: to eliminate the causes of these substantial obstructions to commerce, and to mitigate and eliminate them when they occur, by encouraging the practice of collective bargaining and by protecting workers' full freedom of association, self-organization, and choice of their own representatives — so they can negotiate their pay, hours, working conditions, and other mutual aid or protection.
the actual law source: uscode.house.gov ↗public domain

The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.

The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries.

Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees.

Experience has further demonstrated that certain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the public in the free flow of such commerce. The elimination of such practices is a necessary condition to the assurance of the rights herein guaranteed.

It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.

Source credit: (July 5, 1935, ch. 372, § 1, 49 Stat. 449; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 136.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of July 5, 1935, ch. 372 · 49 Stat. 449
  • 1947Amended · Act of June 23, 1947, ch. 120 · 61 Stat. 136

A history note hasn’t been published yet. The record shows enactment by ch. 372 on 1935-07-05.

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