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Wagner Act (1935)

Sat Jul 06, 1935

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The National Labor Relations Act (also known as the Wagner Act) is a U.S. labor law that became effective on this day in 1935, guaranteeing the right of private sector employees to organize trade unions, engage in collective bargaining, and strike.

The Act also set up a permanent three-member National Labor Relations Board (NLRB) with the power to hear and resolve labor disputes through quasi-judicial proceedings and banned employers from refusing to negotiate with any union ratified by this board.

The Act does not apply to certain workers, including agricultural employees, domestic workers, government employees, and independent contractors. Despite demands by the NAACP and National Urban League, the Act was written without the inclusion of an anti-discrimination clause, allowing both employers and racist labor unions such as the AFL and CIO to maintain white supremacist labor practices.

Corporate interest was heavily against the NLRA, and, when it was challenged in court, the U.S. Supreme Court was compelled to uphold (5-4) the constitutionality of the Wagner Act in "National Labor Relations Board v. Jones & Laughlin Steel Corp".

The Wagner Act would later be partially repealed and amended with the strongly anti-union Taft-Hartley Act of 1947, granting states the power to pass so-called "right-to-work" laws.


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