With the onset of the Great Depression in 1929, the balance of forces in the United States shifted dramatically. To begin with, national politics became more favourable to organized labour. Partly for ideological reasons, partly because of labourâs increasing influence on the Democratic Party, Franklin Rooseveltâs New Deal proved much more responsive to trade-union demands than had the Republican administrations of the post-World War I era. By now, moreover, key union leadersâmost important, John L. Lewis of the UMWA and Sidney Hillman of the Amalgamated Clothing Workers of Americaâhad defined what the labour movement most required from the state: protection of the rights of workers to organize and engage in collective bargaining. These rights were asserted in principle under Section 7(a) of the National Industrial Recovery Act (NIRA) of 1933 and then made thoroughly effective by passage of the National Labor Relations Act in 1935. More commonly known as the Wagner Act, the latter legislation prohibited employers from interfering with the right of workers to organize and from dominating the organizations they established. It also defined the procedures by which, through majority rule, workers selected their bargaining agents; required employers to bargain with such agents to the end of reaching contractual agreements; and set up, through the National Labor Relations Board, quasi-judicial mechanisms for enforcement of the law. American employers lost the enormous power advantages they had enjoyed in the struggle over collective bargaining, but in exchange the labour movement conceded the highly prized independence from the state that was a core element of pure-and-simple unionism. Under the Wagner Act, collective bargaining remained âfreeââthat is, the terms of agreements were not to be mandated by the stateâbut the framework itself came securely under the aegis of state regulation.
At the same time, the New Deal moved to mitigate the market pressures that had driven the antiunionism of American employers. The NIRA legislation, through codes of fair competition, was designed to enable industries to cartelize their depression-ridden markets. The exchange was entirely deliberateâgranting representational rights to workers as a price for granting market controls to industry. As the basis of New Deal economic policy, this attempt at industrial stabilization lasted only two years, but the underlying linkage of labour rights and market benefits survived invalidation of the NIRA by the Supreme Court in 1935.
The Wagner Act contained an explicit economic rationale: collective bargaining would generate the mass purchasing power essential for sustained economic growth. This, in turn, prefigured the Keynesian economic policy that, by managing demand, became the governmentâs way of underwriting the New Dealâs collective bargaining system after World War II. With federal macroeconomic policy (as specified by the Employment Act of 1946) responsible for maintaining long-term demand, and price competition firmly controlled by the restored oligopolistic structures of the major industries (or, as in the transportation and communications sectors, by direct state regulation), the market-driven basis for American antiunionism seemed to have run its course in the postwar era.
Much the same could be said for the labour-process basis for antiunionism in the key mass-production sectors. By the 1930s, the Taylorist crisis over job control had passed; what remained at issue was no longer whether managers had the authority to control the labour process but only how they would exercise it. There were compelling reasons, almost systemic in nature, for the formalization of labour-relations policies. For example, where tasks were subdivided and precisely defined, job classification necessarily followed, and from that in turn came the principle of pay equity. Time-and-motion studyâanother pillar of Taylorist managementâmeant objective, testable standards for setting the pace of work. Corporate commitment to this formalized system was imperfect, however, and broke down disastrously in the early years of the Great Depression. Rank-and-file fury over job insecurity and intolerable speedups, plus pressure from New Deal agencies and the labour movement, forced managementâs hand. Consequently, between 1933 and 1936âbefore collective bargaining actually beganâall the key elements of the modern workplace regime fell more or less into place: specified, uniform rights for workers (beginning with seniority and pay equity); a formal procedure to adjudicate grievances arising from those rights; and a structure of shop-floor representation to implement the grievance procedure. Corporate employers would have much preferred to keep this regime under nonunion conditions. Indeed, it had taken shape in the course of their efforts to implant so-called employee representation plans (i.e., company unions) that they had hoped would satisfy the requirements of New Deal labour policy. But when that strategy failed, managers were prepared to have their workplace regimes incorporated into contractual relationships with independent unions within the terms of the Wagner Act.
To fulfill its part in this process, the labour movement had first of all to adopt an industrial-union (i.e., plantwide) structure appropriate to mass-production industry. The problem was that the AFL was committed to a craft structure and, under its constitutional rules, lacked the means to compel member unions to cede jurisdictions they held over craft workers in the mass-production sector to the emerging industrial unions. This impasse was broken only by a split within the AFL in 1935, leading to the formation of the rival Congress of Industrial Organizations (CIO) under the leadership of John L. Lewis. Even then, once the CIO unions scored their dramatic unionizing victories in rubber, auto, and steel of 1936 and 1937, a second condition had to be met: the CIO unions had to demonstrate their capacity to enforce the contractual provisions of workplace due process and discipline a turbulent rank and file. World War II brought this second phase to completion. Under close wartime regulation, institutional relations between the CIO and corporate industry were solidified, and, after a strike wave tested the parameters of this relationship in the immediate postwar period, there ensued a system of industrywide collective bargaining that endured for the next 40 years.
Poster by Ben Shahn, created in 1942, exhorting American workers to help win World War II with the message âWe French workers warn youâŠdefeat means slavery, starvation, death.â
War Production Board, 1942/Library of Congress, Washington, D.C. (cph 3b52359)
The industrial-union struggle spilled over from the United States into Canada. At the insistence of the AFL, the TLC expelled the Canadian branches of the CIO internationals in 1939. The next year these CIO unions joined the remnants of the All-Canadian Congress of Labour, which had formed in 1927 on the dual principles of industrial unionism and Canadian nationalism, to create the Canadian Congress of Labour (CCL) in affiliation with the American CIO. Only during World War II, however, did organizational realities begin to catch up with these superstructural developments. Although stirred by events south of the border, the Canadian movement did not experience a comparable surge of organization during the Great Depression. Only in February 1944 did the wartime administration of W.L. Mackenzie King issue Order in Council P.C. 1003, granting to Canadian workers collective-bargaining rights that American workers already enjoyed under the Wagner Act. The Canadian version, however, allowed for a greater degree of public intervention in the bargaining process. Investigative and cooling-off provisions in labour disputes were already a cornerstone of Canadian policy (going back to Mackenzie Kingâs Industrial Disputes Investigative Act of 1907), and wartime conditions demanded a no-strike provision (linked to the mandatory inclusion of binding arbitration of grievances in union contracts), which likewise became a permanent feature of Canadian labour-relations law. During the war decade, the Canadian mass-production sector was rapidly organized by CIO unions.
By the early 1950s the organizational situation was similar on both sides of the border. In both countries, one-third of the nonagricultural labour force was unionized. In both countries, the industrial-union federations peaked at roughly two-thirds the size of their longer established craft rivals. At the onset of the Cold War, an internal crisis over Communist participation gripped the labour movements of both countries. Although somewhat different in its details, the outcome was identical on both sides of the borderâthe expulsion of Communist-dominated unions in 1949 and 1950. And when the American unions settled their differences and merged into the AFLâCIO in 1955, the Canadian federations followed suit the next year by uniting in the Canadian Labour Congress (CLC). At that point, 70 percent of all Canadian unionists belonged to international unions with headquarters in the United States. The 1950s can be said to mark the apex of this historical tendency toward an integrated Canadian-American movement.
Beginning in the 1960s, the fortunes of the two movements diverged. In the United States, market pressures steadily eroded the postwar collective-bargaining system. In auto, steel, and clothing, the problem was intensifying foreign competition; in communications, trucking, railroads, and airlines, it was federal deregulation in the 1970s; and elsewhere, as in mining, retailing, and meat processing, a host of nonunionized domestic competitors entered the field. Meanwhile, a structural shift occurred toward a service economy, narrowing the established union base in the goods-producing sectors: production workers made up 30 percent of the nonagricultural U.S. labour force in 1950 but only 22 percent in 1976. The economic troubles that then set inâdeclining productivity and a slowing growth rate, inflation, the harsh recession of 1982âhad a devastating impact on the American movement. Between 1975 and 1984, four million members were lost, and the unionized share of the labour force shrank from 28.9 percent to below 20 percent. If not for public-employee unions, which added two million members between 1956 and 1976, the U.S. labour movement would have found itself in an even more parlous state, as unionization in the private sector slipped to close to pre-New Deal levels.
Members of the Iron Workers Union marching in a Labor Day parade in Toronto, September 1973.
Mario GeoâToronto Star/Getty Images
Canadaâs economy was comparably hard hit in these years, yet unions north of the border fared far better. Indeed, they grew steadily after the mid-1960s, and, with 3.5 million members by the early 1980s, claimed over 40 percent of the Canadian labour forceâmore than twice the union density in the United States. How is this remarkable divergence to be explained?
The decline of the American movement occurred within an increasingly hostile political environment. In Canada, on the other hand, a changing party system enhanced labourâs place in Canadian public life. In 1961, with the backing of Canadian labour, the New Democratic Party (NDP) was formed as a social-democratic rival to the Liberal and Progressive Conservative parties. As it made headway, the NDP changed the landscape of Canadian politics. For its part, Canadian organized labour, by abandoning the nonpartisanship espoused by the AFLâCIO, not only gained political muscle but also became a progressive force in the nationâs public life. It assumed the mantle of what has been called âsocial unionismââin stark contrast to the political marginalization of the AFLâCIO that followed the collapse of the Democratic New Deal coalition in the late 1960s.
Beginning with passage of the Taft-Hartley Act of 1947, which applied unfair-labour-practice provisions to unions and in a variety of ways weakened their economic and organizational power, labour law in the United States became steadily more burdensome to the labour movement. By contrast, Canadian federal and provincial law retained, and even deepened, its pro-union bias. Nor was there any Canadian counterpart to U.S. President Ronald Reaganâs decision in 1981 to break a strike by federal air-traffic controllersâan act of enormous symbolic importance that legitimized the resurgence of antiunionism in corporate America. Antiunionism gained no such public legitimacy in Canada. Underlying this was a factor emphasized by the sociologist Seymour Martin Lipset: that collectivist values inhering in Canadian political culture granted the labour movement a legitimacy it never quite achieved in the more entrepreneurial nation south of the border.
As these divergences became more marked, the âinternationalâ character of the North American movement began to wane. Public-employee unionismâeven more prominent a recent development in Canada than in the United Statesâwould have sufficed in itself to push the Canadian movement in an independent direction, but Canadian branches in the private sector as well began to break loose, some by seeking greater autonomy within their international unions, but othersâincluding those of communications workers, paper workers, woodworkers, and auto workersâby splitting off and becoming independent. A dwindling share of the Canadian movementâless than 35 percent by 1990âretained ties to the AFLâCIO. Two developments offered some prospect for reviving the integrationist bent of the North American movement: first, the creation of a common U.S.-Canadian economic market and, second, the deepening crisis in Canada over an independent Quebec. But, in the main, events of the 1970s and â80s merely underscored the very different dynamics that were driving the Canadian and American trade-union movements and that seemed to be carrying them farther apart along separate paths of national development.
