Drawing the Line in the Sand

The foundations of labor organizations was formed in 19th

century with the rise of merchant capitalism (mercantilism).

But early unions didnt truly form until the transitional stage from
merchant capitalism to modern capitalism.
The transitional phase is often described as a shift from specialize and
small scale production to more uniformed, large scale production.

Characteristics of labor organizations under mercantilism:

The working dynamic during colonial period brought together
the master workman, journeymen and apprentices to work on
common projects or joint enterprises It did not create an
employer-employee relationship in the modern sense.

No differentiation in interest between the journeymen and those

of the master who they labored beside.

Price lists set up for bespoke work (specialized work)

determined wages.

Masters and journeymen acted together to maintain standards of

the craft, upholding price lists and protected themselves from
unfair competition.

Despite this there were times when the journeyman struck the master
workman.

17th Century
First strike - 1619 Polish craftsmen strike Jamestown, Virginia

First strike in North America

Polish craftsmen brought over to make glassware, pitch and tar.
Colony held its first election in 1619 Polish Craftsmen were not allowed to vote.
Went on Strike June 30, 1619.
Due to economic importance of these craftsmen in the colony leaders bowed to the
pressure and gave full voting rights to the Poles.

1636 Maine Indentured Servants, workmen and fishermen fell into a

mutiny because their employer withheld their wages.
1641 Maine carpenters engaged in a slow down over inadequate
food.
1640 Gloucester shipyards engaged in the first lockout
1661 Maryland Indentured Servants Strike
1675 Boston ship carpenters protest
1676 Bacons Rebellion Virginia
1677 NYC Carters Strike
1684 NYC Carters Strike

Eighteenth Century

1741
1763
1768
1768
1774
1786
1787
1791
1792

NYC Bakers Strike

Charleston Chimney Sweepers Strike
Florida Indentured Servants Revolt
NYC Tailors Strike
Hibernia, New Jersey Ironworks Strike
Philadelphia Printers Strike
Calton Weavers Strike
Philadelphia Carpenters Strike
Philadelphia River Pilots Strike

These strikes and turn-outs did not imply an organization that

could be defined as a labor union rather workers merely joined
together on a temporary basis to press their demands or to
protect their interests.

Transition to modern capitalism:

Retail shops and custom-order work gave way to wholesale

business Merchants (who sought control of supply) and
ambitious artisans (who used the labor of others to enrich
themselves) joined to enlarge the scale of production.

Consolidation production under one roof

Drive costs down.
Drive wages down.
Increase work hours.
Attempted to break down traditional apprenticeship system
Use women and children for cheap labor
Prison labor

Rapid growth of the nation between 1800 and 1840 kept

labor relatively scarce benefit to labor high wages.

Relationship between master and journeyman began to break

down workers began to combine against the employer.

Federal Society of Journeymen Cordwainers (shoemakers)

Philadelphia (first attempt in 1792) - 1794 -1806 first
continuous organization of wage earners trade union.
Typographical Society (1794)
Carpenters, cabinetmakers, masons, coopers and tailors soon
emerged

Characteristics of Early Trade Unions

Trade society or Guilds Originally formed to act as mutual aid
societies -sick and death benefits for members aid widows or
orphans
Local in nature
Confined to journeymen of a single craft
Formed to protect trade skills and wages from runaway
apprentices who were hired at reduced costs.
Regulated the amount of apprentices a journeymen can have
Established a minimum wage for work.
Regulated hours

Characteristics of Early Trade Unions (continued)

Membership in the organization would include an oath to work
union wage scale and refusal to be employed at a lower rate.
Enforcement of closed shop through pressure on the employer,
driving scabs from employment and use social boycott (refuse to
live in the same boarding house or eat at the same table of those
not in the trade society or guild.)
Started to see elements of collective bargaining agreements
made regarding wages working condition strikes used to
pressure and enforce contracts.
First example of an action under the guise of collective bargaining
- a strike and picket against the masters shop in 1799
Philadelphia Cordwainers.

Employers Respond
Like workers, employers also began to cooperate with one another to block
demands for higher wages and combat closed shops.

Used courts and laws to combat labor -> Journeymen societies ->
combinations or conspiracies in restraint of trade
1806 -> Commonwealth v Pullis -> Cordwainers Conspiracy Case ->
Journeymen Cordwainers of Philadelphia -> unlawful to form workers
organization for the sole purpose of regulating wages and working
conditions for a specific craft -> constituted an unlawful conspiracy.
A combination of workmen to raise their wages may be considered in a twofold point of view; One is to benefit themselves the other is to injure those
who do not join the society. The rule of law condemns both. (Cordwainers
Conspiracy Case)
Decision helped shape additional conspiracy cases against labor unions ->
became law of the land
Denounced as incompatible with the existence of freedom, and prostrates
every right which distinguished the citizen from the slave.

People v Melvin (New York Cordwainers Case) 1809

Convicted for attempting to raise wages viewed as an issue of public welfare.
Threw out the question of illegality of a combination to raise wage but instead
addressed whether the men on strike had combined through unlawful means.
(i.e., refusing to work for an employer who hired another person wo was willing
to work below the union wage)
Stated the labor societies could not use means of a nature too arbitrary and
coercive, and which went to deprive their fellow citizens of rights as precious as
any they contended for.

Commonwealth v Marrow (Pittsburgh Cordwainers Case) 1815

Confirmed that it is illegal to form an association with the intent to force an
employer to pay higher wages, to force an individual to work at a higher rate or
compel a person to join an association.
Unlawful to conspire to impoverish or prejudice a third person, or to do acts
prejudicial to the community to compel an employer to hire a certain
description or persons or to conspire to prevent a man from freely exercising
his trade in a particular place or to compel men to become members of a
particular society or contribute to it or to work at certain prices.

Labors Future Uncertain

1819-1822 depression after the War of 1812 decline in demand for
labor membership in labor unions declined most unions destroyed.
Characteristics: Regional (city-wide, trade/craft)

By 1820 Merchant-Capitalist dominated house-building, printing,

textile and shoemaking industries.
In an effort to push wages down increased hiring of unskilled labor,
women and children. Pitted skilled against non-skilled.
1823 End of Depression many old unions revived new unions in
factories emerged in the textile mills of New England.

New formations were quick to resort to strike and boycotts for higher wages, shorter
hours.

1824 Pawtucket, Rhode Island strike First female strike mill hands

Employer continued to use conspiracy cases to undermine labor

organizing
New York Hatter (1823)
Philadelphia Tailors (1827)
Philadelphia Spinners (1829)

Labor Takes the Offensive 3rd Party Politics

1827 Mechanics Union of Trade Associations Philadelphia

First Union of Unions - in the US in essence a Central Labor
Committee created over a strike for the ten-hour day.
This union began to alter philosophy of labor saw workers as the real
producers in contract to the capitalist class, which was parasitic did not
toil nor was a benefit to society.

Turned to politics encouraged workers to throw off the trammels of

party spirit, and unite under the banner of equal rights. Wanted to elect
politicians that represent the interest of the working class.

Workingmens Party Workies first labor-oriented political

organizations in the United States. The first Working Men's Party
was founded in Philadelphia in 1828.
Plank

State-supported Public education

Universal male suffrage
Protection from debtor imprisonment
End to compulsory service in the militia
Shorter working hours.

Working Mens Party declined by the 1830 but forced

both Democrats and Whigs to appeal for the labor
vote by adopting several of the workers specific
demands.
Public Education
Bankruptcy

Conditions in the 1830s encouraged the growth of

unions.

Cost of living increased 66% between 1834-1836

Workers (white, male) joined unions to protect their
interests as were protecting their own interests from
Employers still used women, children, runaway
apprentices and convicted labor to suppress wages.
Workers in new industries freight handlers, steam boat
firefighters, stage driver began organizing.
Women also found their own trade societies
Baltimore United Seamstresses Society
New York Ladies Shoebinders and Female Bookbinders
Philadelphia Female Improvement Society

Inspired by the Mechanics Union of Trade Associations

(Philadelphia) trade societies (i.e., labor unions) were
now interested in forming trades unions - unions of
local trade societies uniting for mutual protections (i.e.
trade councils)
These emerged in New York, Baltimore, Philadelphia, Boston,
Washington, Cincinnati, Louisville, and other manufacturing
cities.

1834 Call was made to form a national organization

uniting all trades National Trades Union.
Purpose was to advance the welfare of the laboring class
Promote the establishing of trade unions in all parts of the
country
Publish information that would be useful to working men

Determined not to make the previous mistake of

the Workingmens Party by focusing on political
activities. Workingmen belonged to no party

Formation of the NTU saw an increase of strikes

1833-1837 saw no less than 168 strike

Employers attributed this increase not to legitimate
grievances but to radical and subversive agitators, generally
of foreign elements (Usually Irish).
Demand for 10-hour day became a universal labor demand
wishing to replace sun-up-to-sun-down rule.
Workers in numerous cities struck for the 10-hour day
Artisans and mechanics saw decrease in hour
Factories remained sun-up-to-sun-down

Federal govt induced a 10-hour rule for all public works

President (Van Buren) signed executive order for 10hours for all government projects. (1840)
The NTU collapsed with most of its constituent bodies
during the panic of 1837

Employers on the Attack Again

Employers turned to their own mutual protective associations.

In New York a group of employers (furriers and leather dealers agreed

that they would not employ any man who is known to be a member of
that [General Trades Union] or any other society which has for its object
the direction of terms or prices for which workmen shall engage
themselves.
Philadelphia employers formed the Anti-Trades Union Association
arguing that employers had the right to make whatever contracts with
their employees without interference form any workingmens society.

Employers also used the courts

People v. Fisher (1835) New York - Society of Journeymen Cordwainers

courts argued that combining to raise wages was causing a public injury
because a conspiracy for such an object is against the spirit of common
law.
Reaction was so strong against this decision that two juries during the same
summer returned verdicts of not guilty in protest.

Commonwealth v Hunt (1842) - Boston Journeymen Bootmakers Society

accused of criminal conspiracy refused to work with nonmember - seven
men tried. Courts ruled that labor combinations were legal provided that
they were organized for a legal purpose and used legal means to achieve
their goals.

Labor begins to organize and grow - first through local and then by
national organizations - in attempt to protect its interests.

Labor attempts use both political and economic means to protect its
interests.

Many times the view of protecting labors interests is about protecting

trade and skilled labor from being replaced by the other non-union
workers, women, children, immigrants and forced labor (slave and
imprisoned)
As labors strength grows employers successfully use legal means
(courts) to suppress labors growth.
Right of Capital prevails over Rights of Labor. Conspiracy laws one sided.
Individual Rights prevails over Collective Rights (Right to Work)

Employers use women, children, immigrants, forced labor (slave and

imprisoned) as a source of cheap labor.
Profits from division along gender, racial lines.