Collective bargaining

The organizational structure of TWU Local 100 is one important determinant of its effectiveness in pursuing five functions of organizing, negotiation, striking, contract administration and political action. A second important determinant is the legal framework that governs collective bargaining. This framework is composed of statute law, common law, court rulings and rulings of regulatory agencies that together define the rules of the game by which both MTA and TWU Local 100 have to play. These rules are of paramount importance in collective bargaining because they define the rights and responsibilities of both sides and the amount of power that each brings to the bargaining table.

Without a doubt the single most important piece of legislation with respect to collective bargaining is the National Labor Relations Act (NLRA) also known as the Wagner Act. Prior to its enactment in 1935 public policy towards unionism and collective bargaining had been generally repressive and obstructive. The Wagner Act represented a fundamental shift in public policy because for the first time the power of the federal government was explicitly committed to the protection of the right to organize and the promotion of the process of collective bargaining.

The importance of the Wagner Act can be better judged by comparing it with the legal environment that existed prior to its adoption. The Wagner act did not legalize either union or the process of collective bargaining which have been established in the nineteenth century by various court decisions. The Wagner Act protected the worker from discrimination or harassment for the exercise of that right. Prior to its passage employers were free to fire, demote, or refuse to hire union members or persons suspected of union sympathies. To prevent unionism, employers frequently hired agents and spies to infiltrate a union organization to disrupt its activities and discover its leaders. Once discovered the union activists faced the risk of being fired and ‘blacklisted’ among the other employers in the area making it impossible for these workers to find employment.