What is a Yellow Dog Contract?

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....