PREFACE One reason why it has proved difficult to draft legislation to deal with labor-management dispute situations is that each situation is unique. The groups, the personalities, the economic and political backgrounds, the antecedent and attendant circumstances involved are seldom if ever the same. They never combine in a quite comparable manner. As with other histories, here, also, one can never "step twice into the same river." This is not only an important reason why it is difficult to draft legislation to deal with labor-management disputes; it is also the most important reason why it is difficult to prepare a history of such efforts. The results are likely to prove completely, or what is probably worse, somewhat, beside the point as a guide to existing problems. For such value as they may possess, then, the following documents have been assembled to provide the background, through 1966, for the situation facing the Congress, the President, and the Nation in this spring of 1967. The immediate background is, of course, the airline dispute of last summer. This is presented with considerable documentary detail. The background prior to 1966 was filled in by selecting materials on matters which were discussed during the airline dispute. It will surprise few students of labor affairs to find that this approach required reaching back to 1916 for the first document. The documents, of course, concern disputes arising under both the Railway Labor Act and title II of the Taft-Hartley Act. Disputes under both acts are now before the country. The preparation of such a history is likely to yield results which will strike some readers as being ridden with value judgments, both in what is included and what is omitted. This is true of any history; doubly true of one in this sensitive and controversial field. Every effort has been made, however, to be impartial. The comments connecting the documents have been kept brief. They are intended to serve more as guides and cross-references than to provide a running account. In any event, the inclusion of any statement or reference implies neither approval nor disapproval by the Legislative Reference Service of any opinions expressed therein. The Legislative Reference Service sincerely thanks those copyright holders who have kindly extended permission for the reproduction of texts in this documentary history. JAMES R. WASON, Specialist in Labor Economics and Relations. V TABLE OF CONTENTS Page II. The Transportation Act of 1920 and the Railway Shopmen's Strike (a) Title III, The Transportation Act of 1920-U.S. 41 Stats., III. The Railway Labor Act of 1926 and the 1934 Amendments:_ (b) The 1934 Amendments to the Railway Labor Act-U.S. 48 Stat., 1185, chapter 691, 73d Congress (1934). (d) Railway Collective Bargaining and the Railway Labor Act 1926 through 1934, by Leonard A. Lecht (1955). (e) The 1934 Amendments, by Leonard A. Lecht (1955) (f) Railway Labor Act Amendments, by Senate Committee on Labor and Public Welfare (1966)__ IV. Federal Anti-Injunction Act (Norris-La Guardia Act), 1932:- (b) The Anti-Injunction Movement, by Irving Bernstein 225 (c) The Labor Injunction Reappraised, by Benjamin Aaron 251 VI. Wartime Handling of Labor Disputes and Seizure- (a) War Labor Disputes Act-U.S. 57 Stats., 163, chapter 144, (b) Youngstown Sheet and Tube Co. et al. v. Sawyer, 343 U.S. 579 October Term, 1951 (decided June 2, 1952) - (c) Seizure in Emergency Disputes, by Archibald Cox (1955). (d) Wartime Handling of Labor Disputes, by Edwin E. Witte (e) Prohibiting Strikes Against the Government-U.S. 69 Stats., 624, chapter 690, 84th Congress (1955).. (f) Control of Transportation Systems in Time of War-U.S. 70A Stats., 587, chapter 1041, 84th Congress (1956) VII. The Taft-Hartley Act, 1947 and Emergency Disputes. (a) Title II, Taft Hartley Act-U.S. 61 Stats., 136, chapter (b) Synopsis of Presidential Boards of Inquiry Created Under National Emergency Provisions of the Labor Manage- ment Relations Act, 1947, by Federal Mediation and (c) A Legislative History of the National Emergency Provi- sions, by Frank M. Kleiler (1955) - (d) United Steelworkers of America v. United States et al., 361 VIII. Amending the Taft Hartley Act's Emergency Disputes Provisions— Some Proposals and Their Background.. (g) Collective Bargaining, a Report by the President's Advisory Committee on Labor-Management Policy (1962). (h) Labor Disputes (excerpts), by Robert S. Rankin and Wini- (j) The National Emergency Disputes Provisions of the Taft- Hartley Act: A View From a Legislative Draftsman's Desk, by James E. Jones, Jr. (1965). IX. The Maritime Trades and Emergency Disputes__ (a) The Bonner Bill, H. R. 1897, 87th Congress (1963). X. Ad Hoc Compulsory Arbitration in the Railroad Industry- (a) Work Rules Dispute Resolution-U.S. 77 Stats., 132 |