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The Taft-Hartley Act: 61 Stat. 136 (1947)

Published online by Cambridge University Press:  12 January 2018

Paweł Laider
Affiliation:
Jagiellonian University, Krakow
Maciej Turek
Affiliation:
Jagiellonian University, Krakow
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Summary

The Labor Management Relations Act (known as the Taft-Hartley Act after its sponsor, Senator Robert Taft), which amended the famous National Labor Relations Act, referred to campaign finance law in only small part. It was aimed mainly at regulating the operation of labor unions, which meant imposing several restrictions on their powers, such as defining the types of strikes, which were prohibited, determining relations between employer and labor unions, and allowing the employer to use free speech rights against so-called “unionization.” In addition, however, the law permanently banned labor unions’ contributions to federal campaigns, as well as covering any expenses on behalf of the party, campaign committee, or candidate, or directly influencing primary elections, caucuses, political conventions and general elections.

As a result, labor unions and civil rights organizations tried to challenge the Taft- Hartley Act in the courts, referring to the scope of the constitutional freedom of speech, but the judiciary did not answer these challenges in the affirmative. The only case which found part of the Act unconstitutional was United States v. Brown (1965), but the Court's holding did not refer to the issues of campaign finance.

An Act to amend the National Labor Relations Act, to provide additional facilities for the mediation of labor disputes affecting commerce, to equalize legal responsibilities of labor organizations and employers, and for other purposes…

SEC. 304. Section 313 of the Federal Corrupt Practices Act, 1925, as amended, is amended to read as follows: “SEC. 313. It is unlawful for any national bank, or any corporation organized by authority of any law of Congress to make contribution or expenditure in connection with any election or any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization to make a contribution or expenditure in connection with any election at which Presidential and Vice Presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section.

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Publisher: Jagiellonian University Press
Print publication year: 2015

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