Erdman Act
Encyclopedia
The Erdman Act of 1898 was a United States federal law pertaining to railroad labor disputes. The law provided for arbitration
for disputes between the interstate railroads and their workers organized into unions.
The interstate requirement meant that the law affected individuals who worked on the moving trains, such as firemen, brakemen
, telegraphers, and conductors
, providing that the train transported freight and passengers between states. Workers who maintained railroad cars, and station
clerks, did not come under the statute's jurisdiction. While the arbitration system created by the act was voluntary, if all sides agreed to arbitration, the results were binding.
Capital and labor each chose one of three arbitrators under the act; if they could not agree upon a third, the government would. The Chair of the Interstate Commerce Commission
and the United States Commissioner of Labor, acting in concert would make this choice.
The act made it unlawful to strike or fire a worker during the arbitration process; it also made it illegal to terminate the employment of a worker involved in the dispute while arbitration was pending, except for neglecting duty or inefficiency.
In Adair v. United States
(1908), the United States Supreme Court declared Section 10 of the Erdman Act unconstitutional
.
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
for disputes between the interstate railroads and their workers organized into unions.
Major provisions
The most significant portion of the act was its provision prohibiting a railroad company from demanding that a worker not join a union as a condition for employment (Section 10).The interstate requirement meant that the law affected individuals who worked on the moving trains, such as firemen, brakemen
Brakeman
A brakeman is a rail transport worker whose original job it was to assist the braking of a train by applying brakes on individual wagons. The advent of through brakes on trains made this role redundant, although the name lives on in the United States where brakemen carry out a variety of functions...
, telegraphers, and conductors
Conductor (transportation)
A conductor is a member of a railway train's crew that is responsible for operational and safety duties that do not involve the actual operation of the train. The title of conductor is most associated with railway operations in North America, but the role of conductor is common to railways...
, providing that the train transported freight and passengers between states. Workers who maintained railroad cars, and station
Train station
A train station, also called a railroad station or railway station and often shortened to just station,"Station" is commonly understood to mean "train station" unless otherwise qualified. This is evident from dictionary entries e.g...
clerks, did not come under the statute's jurisdiction. While the arbitration system created by the act was voluntary, if all sides agreed to arbitration, the results were binding.
Capital and labor each chose one of three arbitrators under the act; if they could not agree upon a third, the government would. The Chair of the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...
and the United States Commissioner of Labor, acting in concert would make this choice.
The act made it unlawful to strike or fire a worker during the arbitration process; it also made it illegal to terminate the employment of a worker involved in the dispute while arbitration was pending, except for neglecting duty or inefficiency.
In Adair v. United States
Adair v. United States
Adair v. United States, , is a United States Supreme Court case which upheld "yellow-dog" contracts that forbade workers from joining labor unions. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in Allgeyer v. Louisiana...
(1908), the United States Supreme Court declared Section 10 of the Erdman Act unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
.