The stage was set for the 1937-38 collapse with the passage
of the National Labor Relations Act in 1935-better known as the "Wagner Act" and
organized labor’s "Magna Carta." To quote Sennholz again:
This law revolutionized American labor relations. It
took labor disputes out of the courts of law and brought them under a newly
created Federal agency, the National Labor Relations Board, which became
prosecutor, judge, and jury, all in one. Labor union sympathizers on the Board
further perverted this law, which already afforded legal immunities and
privileges to labor unions. The U. S. thereby abandoned a great achievement of
Western civilization, equality under the law.
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| | Special powers granted to organized labor with the passage of the Wagner Act contributed to a wave of militant strikes and a “depression within a depression” in 1937.
Archives of Labor and Urban Affairs |
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The Wagner Act, or National Labor Relations Act, was
passed in reaction to the Supreme Court’s voidance of NRA and its labor codes.
It aimed at crushing all employer resistance to labor unions. Anything an
employer might do in self-defense became an "unfair labor practice" punishable
by the Board. The law not only obliged employers to deal and bargain with the
unions designated as the employees’ representative; later Board decisions also
made it unlawful to resist the demands of labor union leaders.[34]
Armed with these sweeping new powers, labor unions went on
a militant organizing frenzy. Threats, boycotts, strikes, seizures of plants,
and widespread violence pushed productivity down sharply and unemployment up
dramatically. Membership in the nation’s labor unions soared: By 1941, there
were two and a half times as many Americans in unions as had been the case in
1935. Historian William E. Leuchtenburg, himself no friend of free enterprise,
observed, "Property-minded citizens were scared by the seizure of factories,
incensed when strikers interfered with the mails, vexed by the intimidation of
nonunionists, and alarmed by flying squadrons of workers who marched, or
threatened to march, from city to city."[35]