What is Yellow-Dog Contract?
A yellow-dog contract is an agreement between an employer and an employee that prohibits the employee from joining or being a member of a labor union while employed by the company. The term “yellow dog” is said to have originated in the early 20th century as a pejorative for employers who were hostile to labor unions and would only hire workers who agreed not to join one. These contracts were commonly used to prevent workers from forming or participating in union activities, thereby limiting their collective bargaining power.
Yellow-dog contracts were widespread in the United States during the late 19th and early 20th centuries when labor unions were becoming more organized and active. In response, many employers began requiring employees to sign agreements not to join a union as a condition of employment. This effectively prevented workers from forming unions and limited their ability to negotiate for better wages and working conditions.
However, yellow-dog contracts have since been made illegal in the United States under the National Labor Relations Act (NLRA) of 1935. The NLRA gives employees the right to form and join labor unions and to engage in collective bargaining with their employers. The law also makes it illegal for employers to interfere with, restrain, or coerce employees in the exercise of these rights.
What are the consequences of violating the NLRA by requiring a Yellow-Dog Contract?
If an employer is found to have violated the National Labor Relations Act (NLRA) by requiring a yellow-dog contract, the following consequences may result:
- Legal action by the National Labor Relations Board (NLRB): The NLRB is the federal agency responsible for enforcing the NLRA. If an employer is found to have required a yellow-dog contract, the NLRB may take legal action against the employer to remedy the violation.
- Monetary damages: An employer found to have violated the NLRA by requiring a yellow-dog contract may be ordered to pay monetary damages to affected employees. This can include back pay, compensatory damages, and attorney fees.
- Injunctive relief: An employer found to have violated the NLRA may be ordered to cease and desist from engaging in illegal practices, such as requiring employees to sign yellow-dog contracts.
- Reputation damage: Violating the NLRA can harm an employer’s reputation and may negatively impact the company’s ability to attract and retain employees.
- Unionization: An employer’s violation of the NLRA may increase the likelihood of employees forming a union and seeking to collectively bargain for better wages and working conditions.
What should an employee do if they are asked to sign a Yellow-Dog Contract?
If an employee is asked to sign a yellow-dog contract, they should take the following steps:
- Seek legal advice: An employee should consult with a lawyer or a union representative to understand their rights and obligations under the law.
- Consider their options: An employee may choose to sign the contract and give up their right to join a union, or they may choose to decline the job offer.
- Negotiate terms: If the employee wants to take the job but doesn’t want to sign the contract, they may try to negotiate with the employer to remove the provision that prohibits union membership.
- Report the violation: If the employer requires the employee to sign a yellow-dog contract, the employee may file a complaint with the National Labor Relations Board (NLRB), which is the federal agency responsible for enforcing the National Labor Relations Act (NLRA).
In conclusion, if an employee is asked to sign a yellow-dog contract, they should understand their rights and options under the law, consider negotiating with the employer, and report any violations to the appropriate authorities. The use of yellow-dog contracts is illegal under the NLRA, which gives employees the right to form and join unions and to engage in collective bargaining.
