Yellow Dog Contract 黄犬合同
Yellow-dog Contract 黄犬合同
A yellow-dog contract (a yellow-dog clause of a contract, or an ironclad oath) is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union. In the United States, such contracts were, until the 1930s, widely used by employers to prevent the formation of unions, most often by permitting employers to take legal action against union organizers. In 1932, yellow-dog contracts were outlawed in the United States under the Norris-LaGuardia Act.
The term yellow-dog clause can also have a different meaning: non-compete clauses within or appended to a non-disclosure agreement to prevent an employee from working for other employers in the same industry.
- Origin of term and brief history 词源与简史
- Yellow-dog union 黄犬工会
- See also 另见
- References 参考文献
Origin of Term and Brief History 词源与简史
In the 1870s, a written agreement containing a pledge not to join a union was commonly referred to as the “Infamous Document”. This strengthens the belief that American employers in their resort to individual contracts were consciously following English precedents. This anti-union pledge was also called an “iron clad document”, and from this time until the close of the 19th century “iron-clad” was the customary name for the non-union promise. Beginning with New York in 1887, sixteen states wrote on their statute books declarations making it a criminal act to force employees to agree not to join unions. The Congress of the United States incorporated in the Erdman Act of 1898 a provision relating to carriers engaged in interstate commerce.
During the last decade of the 19th century and the opening years of the 20th, the individual, anti-union promise declined in importance as an instrument in labor warfare. Its novelty had worn off; workers no longer felt themselves morally bound to live up to it and union organizers, of course, wholly disregarded it. In the early 20th century, the individual, anti-union promise was resorted to frequently in coal mining and in the metal trades. And it was not membership in a union that was usually prohibited, but participation in those essential activities without which membership is valueless.
In 1910, the International United Brotherhood of Leather Workers on Horse Goods, following an unsuccessful conference with the National Saddlery Manufacturers’ Association, called a national strike in the saddlery industry for the 8-hour day. The strike proved a failure, and a large number of employers required verbal or written promises to abandon and remain out of the organization as a condition of re-employment.
In the case Adair v. United States, the United States Supreme Court’s majority held that the provision of the Erdman Act relating to discharge, because it would compel an employer to accept or retain the personal services of another person against the employer’s will, was a violation of the Fifth Amendment to the Constitution, which declares that no person shall be deprived of liberty or property without due process of law. The court was careful, however, to restrict the decision to the provision relating to discharge, and to express no opinion as to the remainder of the law. The section of the Erdman Act making it criminal to force employees to sign anti-union agreements therefore remained unadjudicated.
The term yellow dog started appearing in the spring of 1921, in leading articles and editorials devoted to the subject which appeared in the labor press. Typical was the comment of the editor of the United Mine Workers’ Journal:
This agreement has been well named. It is yellow dog for sure. It reduces to the level of a yellow dog any man that signs it, for he signs away every right he possesses under the Constitution and laws of the land and makes himself the truckling, helpless slave of the employer.
Even though they were forbidden in the private sector by the Norris – LaGuardia Act in 1932, Yellow dog contracts were allowed in public sector, including with all sorts of government jobs, such as teachers, until the 1960s, beginning with precedent established in 1915 with Frederick v. Ownens.
The purpose of the yellow dog contract is essentially to prevent employees from organizing. Such contracts are not enforceable, as they are illegal under the Norris-LaGuardia Act (Section 3).
Yellow-dog Union 黄犬工会
A yellow-dog union, sometimes also known as a company union refers to an employee association calling itself a trade union but which, in fact, is affiliated covertly or which is operated openly by an employer.
See also 另见
- Labour rights 劳工权益
- Labour and employment law 劳工和就业法
- Christian Labour Association of Canada 加拿大基督教劳工协会
- Coppage v. Kansas 一案
 ^ JargonDatabase.com definition
 ^ Kaushik Basu (January 2006). “Coercion, Contract and the Limits of the Market (CAE Working Paper #06-01)”.
 ^ Arthur Schlesinger, Jr., The Crisis of the Old Order, 1919-1933, (Houghton Mifflin Company, Boston, 1957), pp. 238-239
^Arthur Schlesinger，Jr.著的“旧秩序的危机”，1919-1933，(Houghton Miffin公司，波士顿，1957)，238-239页
 ^ James Hague, compiler & editor, Stephen Biggs: Halcyon Days: Interviews with Classic Computer and Video Game Programmers, June 2002
^James Hague，编辑与编纂人，“Stephen Biggs:Halcyon日：访问旧电脑以及电玩程序编写员”，2002年6月。
 ^ Joel I. Seidman, The Yellow Dog Contract, The Johns Hopkins Press, 1932, Ch. 1, pp.11-38
^Joel I.Seidman著的“黄犬合约“，Johns Hopkins出版社，1932，第一章，11-38页。
 ^ Slater, Joseph E.. Public Workers: Government Employee Unions, the Law and the State, 1900 – 1962. Ithaca, NY: ILR Press, 2004.
 ^ Roberts, Harold S. (1986) Roberts’ Dictionary of Industrial Relations (3rd ed.). p. 800.
- Contract law 合同法
- Labour law 劳动法
- History of labor relations in the United States 美国的劳工关系史
- History of the United States (1918–1945) 美国历史(1918年至1945年)
Other Categories 其他分类
Contract law 合同法
Part of the common law series 普通法系列的一部分
Contract formation 合同的订立
Offer and acceptance 邀约和承约：Mailbox rule 邮箱规则
Mirror image rule 镜像规则• Invitation to treat 邀请作交易
Firm offer 确定的邀约• Consideration 代价
Defenses against formation 抗辩合约的成立
Lack of capacity 能力不足
Duress 胁迫• Undue influence 不当的影响
Illusory promise 虚假的承诺• Statute of frauds 欺诈条例
Non est factum 否认定理契约的答辩
Contract interpretation 合同的释义
Parol evidence rule 口头证据规则
Contract of adhesion 附着力合同
Integration clause 集成条款
Contra proferentem 对条文发起人不利的解读
Excuses for non-performance 不履行的藉口
Mistake 过失• Misrepresentation 失实陈述
Frustration of purpose 目的受挫• Impossibility 不可能性质
Impracticability 不可行性质• Illegality 不合法
Unclean hands 不洁的手• Unconscionability 不合情理性质
Accord and satisfaction 协定和满意度
Rights of third parties 第三方的权利
Privity of contract 相互关系的合同
Assignment 转让• Delegation 转授
Novation 约务更替• Third party beneficiary 第三方受益人
Breach of contract 违约
Anticipatory repudiation 预期废除• Cover 承保
Exclusion clause 摒除条款• Efficient breach 有效率违约
Deviation 偏差• Fundamental breach 基本的违反
Specific performance 具体表现
Liquidated damages 算定的赔偿金
Penal damages 刑事赔偿• Rescission 撤销
Quasi-contractual obligations 半合同法律责任
Promissory estoppel 承诺不反悔
Quantum meruit 合理金额/按劳计酬
Related areas of law 相关领域的法律
Conflict of laws 法律冲突• Commercial law 商业法
Other common law areas 其他普通法适用地区
Tort law 侵权法·Property law 产权法
Wills, trusts and estates 遗嘱，信托和产业
Criminal law 刑法• Evidence 证据
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Source > Wikipedia at en.wikipedia.org/wiki/Yellow-dog_clause
Translated by > BlogHost — hkTan
Word Count > approx.870 words in English