History of Yellow Dog Contract

The history of the ‘yellow dog contract’ can be broken down into several key periods:

1. Inception in the 1870s: The ‘yellow dog contract’ began as a written pact, often referred to as an “Infamous” or “Iron-Clad” document, which included an anti-union commitment. By signing this document, an employee pledged not to join their trade union. Starting in 1887 with New York, sixteen states criminalized the act of an employer compelling their employees to promise not to join a union.

2. Late 19th Century and Early 20th Century: During this period, these anti-union proclamations lost their significance. Workers no longer felt obligated to honour them, and union organisers paid little attention to them. By the early 20th century, only the coal mining and metal industries continued to use yellow dog contracts. Moreover, it was not the employee’s union membership that was forbidden, but their involvement in activities that necessitated union membership.

3. 1910 Strike: In 1910, the International United Brotherhood of Leather Workers on Horse Goods organised a national strike. However, the strike was unsuccessful, with many employers demanding both written and verbal assurances from their employees that they would leave and remain out of unions as a condition of returning to work.

4. Spring of 1921: The term “yellow dog” first appeared in print in the spring of 1921 in publications aimed at labour union members. The editor of the United Mine Workers’ Journal echoed the sentiments of many when he remarked, “This agreement has been well named. It is yellow dog for sure. Signing such a document diminishes a man to the status of a submissive servant, devoid of power, surrendering all his constitutional and legal rights to his employer. It’s akin to reducing oneself to the stature of a lowly canine.

5. 1932 Norris-LaGuardia Act: By 1932, the Norris-LaGuardia Act had prohibited yellow dog contracts in the private sector. However, they were still permitted in the public sector, including federal jobs, until the 1960s. This marked the end of the history of the yellow dog contract, as all such contracts from that point forward were deemed illegal and unenforceable.

Yellow Dog Contract: Meaning, History & Examples

Similar Reads

What is a Yellow Dog Contract?

Yellow Dog Contract is defined as a contract in which an employer and an employee agree that the employee will refrain from joining the company’s labour union. The term “yellow dog contract” is metaphorically used to describe the individual signing the agreement, implying that only a “yellow dog” would willingly sign away their constitutional rights for employment. By agreeing to this clause, the employee pledges not to work for a direct competitor in the future, which could potentially harm their current employer. The advantage of a yellow dog contract for the employer is that it provides legal recourse if the employees decide to revolt against the company....

History of Yellow Dog Contract

The history of the ‘yellow dog contract’ can be broken down into several key periods:...

Example of Yellow Dog Contract

A case that exemplifies a yellow dog contract was brought before the United States Supreme Court in 1915, a dozen years after Kansas enacted a law to promote employee unionisation. This law prohibited employers from imposing conditions on their jobs that required an employee to reject union membership or cease participation in one before working for their companies. However, Coppage, an employer, introduced a clause in his employment contracts 12 years later that compelled employees to renounce their right to join a labour union upon accepting employment....

Conclusion

The “yellow dog contract,” an agreement between an employer and an employee that prohibited the latter from joining a labour union, has a complex history dating back to the 1870s. These contracts were initially upheld by law, with the Supreme Court ruling in favor of employers’ rights to terminate employment “at will” and for any reason. However, the passage of the Norris-LaGuardia Act in 1932 marked a significant shift in labour rights, rendering yellow dog contracts illegal in the private sector and limiting the jurisdiction of federal courts in nonviolent labour disputes. Despite this, yellow dog contracts persisted in the public sector until the 1960s, when they were finally deemed unlawful and unenforceable. This journey reflects the evolving landscape of labor rights and the ongoing struggle for worker autonomy and freedom of association....