Erdman Act

United States law

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June 26, 2026

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The Erdman Act was a United States law passed in 1898. It aimed to protect the rights of workers by prohibiting railroads engaged in interstate commerce from requiring employees to refrain from joining labor unions as a condition of employment. However, in the case of Adair v. United States (1908), the U.S. Supreme Court declared the Erdman Act unconstitutional. The Court reasoned that the act violated the due process clause of the Fifth Amendment by infringing upon the freedom of contract and property rights. This decision was a significant setback for organized labor at the time.1

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Adair v. United States
…in direct violation of the Erdman Act of 1898, which prohibited railroads engaged in interstate commerce from requiring workers to refrain from union membership as a condition of employment. The Supreme Court decided in a 6-to-2 vote that the Erdman Act was unconstitutional. The court held that the act represented…
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…in direct violation of the Erdman Act of 1898, which prohibited railroads engaged in interstate commerce from requiring workers to refrain from union membership as a condition of employment. The Supreme Court decided in a 6-to-2 vote that the Erdman Act was unconstitutional. The court held that the act represented…
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yellow-dog contract
…contracts on the railroads (the Erdman Act of 1898) was struck down by the U.S. Supreme Court as an unconstitutional infringement upon the freedom of contract (Adair v. United States, 1908). In 1932, in accordance with the new philosophy that the government should not interfere with workers’ right to organize,…
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…contracts on the railroads (the Erdman Act of 1898) was struck down by the U.S. Supreme Court as an unconstitutional infringement upon the freedom of contract (Adair v. United States, 1908). In 1932, in accordance with the new philosophy that the government should not interfere with workers’ right to organize,…
Read More