Accords Matignon, as compared with Wagner Act, 113
Adams, Barry, 220
Addams, Jane, 40, 46, 169; and social harmony, 34–35
Addes, Richard, 154
American Association for Labor Legislation, 46
America’s Capacity to Consume, 55
American Civil Liberties Union: and right to strike in Wagner Act, 78; and exclusion of managers from collective bargaining, 213
American Federation of Labor (AFL), 71–72, 75, 82, 103, 111; and rights of African American workers, 60; and criticism of NLRB, 130; comparison with ANA, 204
American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), 212; and Kentucky River cases, 2, 223, 226; and white-collar workers, 175
American Federation of State, County, and Municipal Employees (AFSCME), 189, 231
American Federation of Teachers (AFT), 189, 192
American Hospital Association (AHA): and opposition to nurse unionism, 200–202, 206, 208
American Nurses Association (ANA), 198–201, 203; and definition of “supervisor,” 204–205
“American Shoemakers” (John R. Commons), 68–69
Andrews, Robert, and RESPECT Act, 228–231
And Women Must Weep, 171
Argyris, Chris, 167
Asher, Lester, 205
Auriol, Vincent, 5
Bachman, Mervin, 144–145; biographical info about, 261
Bakeshop Act, 36–37; invalidated in Lochner v. New York, 40–44
Baldwin, Roger, 78
Balmer, Alice, 139
Barbash, Jack, 176; and promotion of white-collar unionism, 184–185
Bastiat, Frédéric, 22
Battista, Robert, 226
Bell, Daniel, 158
Berman, Edward, 50
Biddle, Francis, 52, and importance of Texas case, 53
Blackmun, Harry, 189
Bourgeois, Léon, 38
Brandeis, Louis, 45; and industrial democracy, 71–72, 193; and scientific management, 77
Braverman, Harry, 176
Brewer, David, 18, 42; and loyalty of workers, 27, 121
Brophy, John, 131
Brown, Gerald: appointment of, 169; biographical sketch of, 169; and future of collective bargaining, 173, 185; and labor relations, 170, 181; and role of NLRB, 171–172, 193; and white-collar workers, 174, 184, 201
Browne, Irving, 17
Buckley, William, 189
Burnham, James, 191
Bush, George H. W., 211
California Nurses Association (CNA), 220
Capital, 79–80
Cardozo, Benjamin, 143–144
Case bill, 150–151. See also Taft-Hartley Act
Catchings, Waddell, 55
Census of 1890, 20
Chandler, Alfred, 3, 93, 146, 158
Charge nurses, 1, 205, 209, 221, 223–225
Ching, Cyrus, 97
CIO, 4, 90, 111, 126, 130, 167; and creation of United Foremen Supervisors, 101–102; and “right to manage,” 150; and nurse unionism, 199; and termination of UFS, 102–103, 130–131; and FAA, 154–155
Civil Rights Act of 1875, 43
Civil Rights Act of 1964, 173, 234
Clifford, Clark, 151
Clinton, William Jefferson, 211; and veto of TEAM Act, 214
Coen, Harry, 122
Cohen, Larry, 226
Colbert, Stephen, 226
Commission on the Future of Labor Management, 211–214
Commons, John Rodgers, 5–6, 8, 51, 62, 72, 91, 98–99, 102, 124, 125, 202, 212; biographical sketch of, 63–64; and definition of “employee,” 82–84; and development of institutional economics, 66–70; and immigrants, 70; influence on industrial pluralists, 134–138, 148, 159, 167, 172; and Marxism, 68, 80–82; and National Civic foundation, 71; and Progress and Poverty, 63–64; and social harmony, 5–6, 69–70; and sociology of labor relations, 81–82
Communication Workers of America (CWA), 226
Company unions, 51, 212. See also employee representation plans
Conservatism: 4, 118–123, 149, 183, 201, 232–234. See also loyalty; managerial values; original intent; right to manage; textualism
Contrat de travail, origins of, 38–39
Courcelle Seneuil, Jean-Gustave, 22
Cross, Ira, 91
Dahl, Robert, 181
Davis, William H., 145
Democracy in America, 186
Detroit Free Press, 119; and Packard decision, 148
Dewey, Thomas, and common interests of employer and employee, 84–85
Diagnosis related groups. See DRGs Dodd, Christopher, 231
Dolby, William, 26
Douglas, William O., 187–188; biographical sketch of, 190; and dissenting opinion in Packard Co., 149–150, 191; and “entrepreneurial control,” 193; and limits of liberalism, 190–194
DRGs, 217
Dunlop, John, 175, 181. See also Commission on the Future of Labor Management
Dunlop Report. See Commission on the Future of Labor Management
Economic Policy Institute, 223
Emerick, Hubert, 18
“Employee,” definition of: 1, 16–21, 45–47, 50, 57–62, 82–84, 98–99, 118, 124, 128–129, 164, 174, 193, 195, 197, 208, 221; definition in Bell Aerospace, 180 in Ford Motor Company, 164, in Godchaux Sugars, 141; in Health Care &Retirement Corp., 210; in Kentucky River cases, 222–225; Maryland Drydock, 143–144; in North Arkansas, 179; in Packard Motor Company, 147; in Union Collieries, 104, 133; origins of, 22; as opposed to worker, 116, 118, 138, 141. See also associate; supervisor
Employee Free Choice Act, 226, 229
Employee Representation Plans, 76
“Employer and employee”: rhetoric of, 5, 8, 25, 27–28, 31, 68, 73, 84–85; rhetoric as applied by judges, 40–43. See also social harmony
Engineers and Scientists of America, 174, 176–177
EO 9240, impact on foremen, 112
Erdman Act, 41
Estlund, Cynthia, 229
Fair Labor Standards Act, 163, 233
Farmer, Guy, 144–145; and vision of the mission of the NLRB, 167
Filene, Lincoln, 55
Fitch, John, 61; and impact of the New Deal on American culture, 74
Ford, Henry, 93–95; and FAA, 117, 132, 153; and FAA strike, 153–155
Fordism, 6, 31, 55, 61, 79, 83, 90, 94–95, 113, 138–139, 141, 157, 164, 185, 205, 214–215, 230. See also Taylorism
Foremanship: history of, 91–100, 115; and managerial values, 96–98, 122–123; in Slichter report, 145–146. See also supervision
Foremen’s Association of America (FAA), 90, 98, 113–117, 150, 176; as compared with cadres in France, 140–141; and definition of “employee,” 116–117; origins of, 103–107, 112–113, 132; and strikes, 106–107, 144
Fortune, and foremen’s unions, 90, 106
Fox, Sarah, 230
Fraser, Douglas, 208
Friedman, Milton, 189
Galbraith, John K., 191
Ginsburg, Ruth Bader, 211
Goldberg, Arthur, 168–169
Goldwater, Barry, 157; and evolution of NLRB, 167
Gould, William, 214
Grace, Eugene, 55
Gramsci, Antonio, 227
Green, William, 33; and Wagner Act, 54
Haas, Francis, and Wagner Act, 52, 54
Hale, Robert, 53
Handler, Milton, 53–54
Harbinson, Frederick, 175
Hardy, George, 202
Harlan, John Marshall, 41; and dissenting opinion in Lochner, 43–44
Hartley, Fred, 128
Harvard Law Review, and Texas case, 50
Healthcare amendments to the NLRA, congressional debates about, 204–208; and definitions of “employee” and “supervisor,” 203–208; House and Senate reports, 207; origins of, 198–203
Henderson, Charles, 37
Herzog, Paul, 126–127, 151, 183, appointment to the NLRB, 147; opinion in Packard case, 146–147; and social harmony, 147–148
Hill, Arnold, and definition of “employee” in Wagner Act, 59
Hillman, Sidney, 56; and “new unionism,” 77, 136
Hodgson, James, 202
Holmes, Oliver Wendell, 172, 193; and legal realism 41; dissent in Lochner, 43
Hoover, Herbert, 81–82
Houston, John, appointment of, 143; and decision in Packard, 146–147
Hughes, Charles Evans, 46–47, 53, 61; biographical sketch of, 46; dissent in Coppage, 49; and Texas case, 48–50; and constitutionality of Wagner Act, 56–57
Industrial democracy: 47, 52, 65, 74, 113, 127–128, 134–135, 159, 168, 170, 187; as compared with constitutional rights, 72–73; as defined by Douglas, 191–194; as defined by Frank Walsh, 66; as defined by institutional economics, 65–70, 102; as superseded by a broader employment democracy, 147
Industrial pluralism: 6, 85, 134–136; FAA and, 114; historiography of, 125–127, 170–171, 180–186
Institutional economics, 64, 66–70, 79–83; as opposed to Marxist analysis, 79–80
Institutional Economics (John R. Commons), 66
Jackson, Robert, 148
Jaffe, Louis, 188
Jenkins, Howard, appointment of, 169; biographical sketch of, 169–170
Johnson, Cheryl, and definition of “employee,” 1–2
Johnson, Lyndon, appointment of Sam Zagoria, 170; and support of unionism, 171
Kelley, Florence, 34, 35, 40; and denunciation of sweatshops, 32–33
Kennedy, Anthony, 211
Kennedy, Edward, 226
Kennedy, John Fitzgerald, 168–169; appointment of Brown, 169, appointment of Jenkins, 169–170; appointment of McCulloch, 169
Kerr, Clark, 175–176, 182, 184
Keys, Robert, 115, 121, 147; biographical sketch of, 113–114; and definition of “employee,” 116; and supervision, 115; and Wagner Act, 110
Keyserling, Leon, 54–55, 62, 74, 84, 171
Knowledge workers, 158–167, 197; and labor law obstacle, 165–166
Labor Disputes Act, 52, 58, 60
The Legal Foundations of Capitalism (John R. Commons), 69, 83
Leiserson, William, 71, 74, 107, 142–143, 151, 183; appointment to the NLRB, 125–126; biographical sketch of, 125–126, 258; and definition of social groups in collective bargaining, 83–84; and disappearance of the labor question, 73; and foremen’s right to organize, 132–138; and labor relations, 73, 125
Leonard, Richard, 155
Lescohier, Don, 97
Liberalism: 8, 25, 29, 33, 51, 149, 159, 202; limits of, 186–195; overlapping with conservatism, 149. See also economic security; new liberalism; social harmony
Lichtenstein, Nelson, 5, 156, 181, 234
Liebman, Wilma, 225,
Lippmann, Walter, 35; and criticism of the NLRB, 126
Litchfield, Paul, and social harmony, 75
Lowi, Theodore, 188
Loyalty: and construction of foremanship, 91, 97, 100, 121; as defined by Cardozo, 143–144; and knowledge workers, 162; in labor law, 2–7, 9, 27, 91, 124, 127, 151–152, 162, 212–213, 231–233; and managed care, 219–221; and nursing, 207, 209, 223, 225–226; and white collar workers, 182; at Wal-Mart, 214
McCulloch, Frank, appointment of, 169; biographical sketch of, 169; and right to organize, 184; and role of NLRB, 171; and white-collar workers, 201
McNeill, George, 65; and labor question, 29–31
Madison, James, 183
Maltby, Lewis, 213
Managerial values, corporate America’s defense of, 122–123; in foremanship, 96–98. See also loyalty
Marcson, Simon, 176
Marx, Karl, 24–25, 68; and definition of workers in Capital, 79–80
Maslow, Abraham, 167
Master and Servant law, 2, 13, 27. See also loyalty
Medicare, 201; and “mangling” of care, 217–218
Melnick, Herbert, 209
Merritt, Walter Gordon, 118
Miller, Kelly, 60
Millis, Harry, 53, 142, 169, 183; appointment to the NLRB, 126–127; and foremen’s right to organize, 132–138, 147; and social harmony, 78–79
Mills, C. Wright, 113, 139, 172
Mine Officials Union of America, 104, 132–133, 143; and Union Collieries case, 133–134, 138
The Modern Corporation and Private Property (Berle and Means), 149, 191
Montesquieu (Charles Louis de Secondat), 183
Moore, David, 175
Moore, E. C., 33
Murray, Philip, 4
Myers, Charles, 175
National Association of Foremen (NAF), 97
National Association of Manufacturers (NAM), 97, 175, 232
National Association of Procurement Management (NAPM), 162
National Association of Waterfront Employers (NAWE), 232
National Consumers League (NCL), 46
National Industrial Recovery Act, 51–52, 54, 59–60, 74–75, 94, 126
National Labor Management Conference, 149–151
National Labor Relations Act. See Wagner Act
National Labor Relations Board (NLRB), as example of quest for harmony, 77–78; and foremen’s unions, 102, 105; growing political difficulties of, 118, 126–130; jurisdiction of, 192, 198–203; and limits of expertise, 142–143; “new frontier NLRB,” 158, 183; organization of, 129–130, 142; and definition of supervisor before health care amendments, 204–20; and Bell Aerospace, 180, 187; and Godchaux Sugars decision, 134, 137; and Kentucky River cases, 1, 224–225; and Maryland Drydock decision; 104–105, and North Arkansas Electric Corp., 179–180; and Packard decision, 106, 147–148; and Union Collieries decision, 104, 118, 132–134, 138
National Negro Congress, 59–60
National Nurses United (NNU), 215, 221, 226
National Public Employees Relations Bill, 203
National Right to Work Committee, 201
National Society of Professional Engineers (NSPE), 188
National Urban League, 59–60
National War Labor Board, 105, 119; creation of 111, and NLRB, 145; and Slichter Report, 145–146
Newcomb, Simon, and “laboring classes,” 28–29
New Foremanship. See foremanship
Nurse to patient ratios, 216, 220
Nursing, evolution of under managed care, 215–219, history of unionism in, 198–203, 215–216; loyalty in 219–221. See also charge nurses; AHA; ANA
Obama, Barack, 221
O’Connor, Sandra Day, 211
Oliphant, Herman, 5
Original intent, 187, 189, 203, 208–231–232
Packard Motor Company, history of, 100–101; and opposition to FAA, 118–120, 123
Peckham, Rufus: and Lochner v. New York, 42
Pelosi, Nancy, and Kentucky River cases, 1
Petro, Sylvester, 167
Political and Industrial Democracy (Jett Lauck), 69, 71
Postindustrial society, 158, 191, 194, 212, 214
Poverty in the Valley of Plenty, 171
Powell, Lewis, biographical sketch of, 189, and Bell Aerospace ruling, 190–191; and Yeshiva ruling, 192;
Powell manifesto, 189
Pressman, Lee, 151
Professionals, 29, 139, 158, 161, 163–164, 175–176; definition of, 164–165, 191–192. See also knowledge workers; white-collar workers
“Professional mystique,” 182
Progress and Poverty (Henry George), 30, 63
Proudhon, Louis Joseph, and salariat, 39
Railway Labor Act, 48, 92, 125
Reed, John, 35
ReEmpowerment of Skilled Professional Employees and Construction Tradesworkers (RESPECT) Act, 228–232
Rehnquist, William, 211
Reich, Robert, 214
Reid, Harry, 226
Renck, Richard, 175
The Retail Clerks (Michael Harrington), 182
Reuther, Walter, 101; and corporate capitalism, 122, and FAA Ford strike, 154–155
Richardson, Elliot, 167
Rodgers, Philip, 167
Roethlisberger, Fritz, 99–100, 113
Roosevelt, Franklin Delano, 5, 47, 53, 59–60, 122, 190; appointment of John Houston to NLRB, 143; appointment of William Leiserson and Harry Millis, to the NLRB, 125–126; and New Deal labor politics, 51–52; and NLRB, 126; and creation of NWLB, 111,
Ross, Arthur, 182
Salariat, evolution of, 39, 140
Schouler, James, 17; and impact of the abolition of slavery on terms “master” and “servant,” 26
Schwellenbach, Lewis, 151
The Scientist in American Industry (Simon Marcson), 176
Scranton Times, and 1877 strikes, 28
Scribner’s Monthly, and 1877 strikes, 28
Selective Training Act. See Smith bill
Shop Management (Taylor), 92
Showdown strikes, 106
Slichter Commission. See National War Labor Board
Social harmony, ideal, of 5, 8, 31, 32, 54, 62, 76, 84–85, 123–124, 127, 132, 193, 202, 211–214, 234;
“A Sociological View of Sovereignty” (John R. Commons), 67–70, 77, 136
Solidarisme, 38
Steffens, Lincoln, 35
Sumner, William Graham, 4, 25; and definition of “labor,” “capital,” “employés,” and “employers,” 29
Supervision, as social category, 113–117, 123, 141, 147. See also foremanship
Supervisor, legal definition of, 165, 195, 197, 204–209, 213–214, 221; in Kentucky River cases, 223–225. See also Smith Bill; Taft-Hartley Act
The Supervisor, 114
Taft, Robert, and health care amendments to the NLRA, 206
Taft-Hartley Act, 2, 9, 91, 118, 150–153, 156, 168, 171, 177, 180, 187, 192, 199, 207, 231–232; and definition of “supervisor,” 152, 164–165; and exemption of nonprofit hospitals, 199–200; House report on, 141, 152, and obstacle to unionism in nursing, 204–208; and social harmony, 123–124. See also Case bill
Taylorism: 37, 99, 115, 120, 158, 161, 193, 205, 211; anachronism of, 167, and managed care, 217. See also Fordism
Teamwork for Employees and Managers (TEAM) Act, 214
Technical Office and Professional Worker Division (TOP), 158, 183, 188–189. See also UAW
Teller, Henry, 28
Textualism, 9, 198, 209–210, 222–224
Truman, Harry, and veto of Case bill, 151; and veto of Taft-Hartley, 152
The Union Epidemic: A Prescription for Supervisors, 208
United Auto Workers (UAW), 9, 101–102, 108, 114, at Bell Aerospace, 157–158, 194–195; and Ford strike, 153–155; and Foremen’s unions, 102, 152–155; and white-collar employees, 183. See also TOP
United Clerical, Technical and Supervisory Employees (UCTSE), 90, 150
United Foremen and Supervisors (UFS): 90, 98, 131; and origins of 101–103; end of 103, 131
United Office and Professional Workers of America, 139
U.S. Chamber of Commerce, 150, 189, 201–202
Van Kleeck, Mary, 78–79
Veblen, Thorstein, 64
Wagner Act, 2–9, 33–34, 47, 65, 73–74, 85, 91, 99, 101–102, 107, 110, 117, 120, 124, 138, 151–152, 167, 169, 179–181, 187, 190, 194–195, 212–213, 222, 229, 233; “aging” of, 198, 229–230; and definition of “employee,” 57–62; making of, 48–57, 74–79; 1974 amendments to, 199; and social harmony, 74–79. See also “employee,” healthcare amendments to the NLRA
Wagner, Robert, 62, 84, 118; biographical sketch of, 51; and definition of “employee” in Wagner Act, 58–59; and making of Wagner Act, 48–57, 74–79; and Mary Van Kleeck, 78–79; and NIRA, 75; and social harmony, 74–78; and urban liberalism, 51
Wallace, George, 157
Walsh, Dennis, 225
Weiler, Paul, 212
White, Richard Grant, 25–26
White Collar (C. Wright Mills), 139
White-collar workers, 174–177, 182, 184, 188; and CIO organizing drives in the 1930s, 139. See also professionals, AFL-CIO, UAW
Wilson, C. E., 104, 117, 119; as spokesman for corporate America’s opposition to foremen’s unions, 120, 122
Witte, Edwin, 71
Wood Horace, and Treatise on the Law of Master and Servant, 26–27
Work in America (1971), 167
Zagoria, Sam, appointment of, 170; biographical sketch of, 170; and white-collar workers, 174, 201