Today's post is written by Miller Center National Fellow James J. ("Jack") Epstein. In this post, Jack explores the origins and development of the unexpectedly related crossroads of labor law and crime control. The impact of these policies no doubt are alive in this election year. Both the Republican and Democratic Parties included planks on labor and crime control in their platforms. Furthermore, the relationship between labor and Democratic Party continues on an ambivalent path and appears to be at an important crossroads based on events from the Wisconsin recall election of Scott Walker, to the Labor Unions' holding of their own shadow convention in July, to the teachers' union strike in Chicago.
On this date in 1959 President Dwight D. Eisenhower signed the Labor-Management Reporting and Disclosure Act (LMRDA), popularly known as Landrum-Griffin. A notoriously complex law, Landrum-Griffin marked the achievement of two long-standing policy objectives for conservative opponents of organized labor. On one hand, it restricted considerably unions’ use of effective, and thus always controversial, organizing tactics like “secondary boycotts” and “hot cargo agreements.” On the other, it brought unprecedented federal oversight. LMRDA thus was a kind of toxic cocktail for labor, a more muscular version of Taft-Hartley, mixed with a variation of public regulation akin to the Securities and Exchange Commission’s supervision of corporate activities. Despite this breadth of coverage, however, Landrum-Griffin has lived long in the historical shadows of the key federal labor laws that preceded it – the 1932 Norris-LaGuardia Act, the 1935 Wagner Act, and the 1947 Taft-Hartley Act. Yet it is as vital for a full understanding of American politics today as any of its more famous predecessors.
Passed by landslides in both the Senate (95-2) and House (352-52), LMRDA showed above all the awesome political power of a criminal concept used since the late 1920s to attack American trade unionism – labor “racketeering.” Supporters used public fears over the power of union “racketeers” – or labor “czars” or “bosses,” to cite other common catchphrases of the day – to attack labor and to garner political capital sufficient to pass their law. And so, at the height of organized labor’s historical strength – in the mid-1950’s, roughly 35% of the non-agricultural workforce carried union cards – Congress passed, and Ike signed, a law aimed directly at the interests of unions.