Norris-LaGuardia Act of 1932

Nature of the Courts in the Early 20th Century

In retrospect, judges tended to come from the ranks of attorneys. Prior to being appointed or elected to judgeships, these attorneys often had served the needs of the business community. Critics have argued that many judges owed their new positions to the business community since only persons who owned property were allowed to vote during the pre–Norris Act era. Workers normally were not members of the propertied class. Both the business and the political loyalty of judges of that era have been questioned by critics.

The Injunction Process

When a union organizing effort began, the employer's attorney could contact a “friendly” judge and seek an “injunction” to stop the union action. No union official need be advised of the “ex parte” hearing. A “temporary restraining order” would require the union (officials) to “cease and desist” specified actions in the order. If the actions being restrained continued, the union officials could be immediately jailed. Judges had the power to take appropriate action to enforce their temporary restraining order. This effectively stopped the union activists and chilled workers from joining the union. Such temporary orders could later be made permanent after formal hearings.

Impact on Injunction Processes

Under Norris-LaGuardia, federal courts were prohibited from issuing such “ex parte” restraining orders or injunctions. There now had to be a formal hearing with both parties present. The burden was on the employer to show that public officers were unable or unwilling to furnish adequate protection for the employer's property. Furthermore, the employer must also show that no other remedy at law exists and that the dispute had not been settled through a “committed effort” in collective bargaining.

The “Yellow Dog” Contract

Another major component of the Norris-LaGuardia Act dealt with the so-called yellow dog contract. Employers often required employees and prospective employees to affirm in writing that they were not union members, and should they join a union while employed by said employer, the employer had the right to discharge the employee, without recourse. Even though it was obvious on the surface that the contracts were negotiated under duress, the Courts had enforced such contracts until the 1932 act made them unenforceable in federal courts. While they were unenforceable, employers continued using the “yellow-dog” contracts for several years since most employees were not aware of this fact and employers, in using them, led employees to believe in their legality.

The Norris-LaGuardia Act was soon to be joined by still more positive labor relations legislation as the Presidency and the Congress changed political parties the next year.