The history of the yellow canine contract dates back to the 1870s. It began with a written agreement, described as “famous” or “iron-clad,” which contained an anti-union promise. By signing the agreement, a worker would agree not to join his company`s union. Beginning in 1887 in New York, sixteen states declared that forcing its employees not to join a union was a criminal act for an employer. The Norris-LaGuardia Act, also known as the Anti-Injunction Bill, was a federal law passed in 1932. The Norris-LaGuardia Act has declared yellow dog contracts illegal and prohibits federal courts from adjudicating non-violent labour disputes. In addition, it prevented the federal government from interfering in a worker`s right to join a union if he wished. The Norris-LaGuardia Act takes its name from its Republican sponsors: Senator George W. Norris of Nebraska and New York Congressman Fiorello H.
La Guardia. An agreement between the employer and the employee in which the employee agrees not to join a work or employer organisation or to remain a member. Yellow canine contracts are generally illegal. In the Adair case against the United States, the majority of the U.S. Supreme Court ruled that the provision of the Erdman Act on dismissal, because it would require an employer to accept or maintain the personal services of another person against the employer`s wishes, was a violation of the Fifth Amendment to the Constitution, which states that no one can be deprived of liberty or property without proper legal proceedings. However, the Tribunal exercised caution in limiting the decision available to the discharge and not giving notice of the rest of the legislation. The erdman section of the Act, which makes it criminal to compel employees to sign anti-union agreements, has not been described. A yellow canine contract is an illegal agreement made by an employer with an employee, the employee agreeing not to join the company`s union. For example, the “yellow canine contract” is a metaphor used to refer to the employee signing the document, as in: “What person would be such a “yellow dog” to reduce himself to signing his constitutional rights just to get a job.” In more modern terms, a yellow canine clause refers to a non-compete clause that an employer may include in an employment contract. By signing such a contract, the worker agrees to no longer work in the future for a direct competitor – which would ultimately harm his current employer. A yellow canine contract benefited the employer because it gave the employer remedies in the event of a mutiny of its employees against the company.
In 1932, a new philosophy was prevalent that the government should remain outside the right of workers to organize. This led to the passage of the Norris-LaGuardia Act and the extension of the Yellow Dog Contract Expiry Act. Comments from publications such as the United Mine Workers` Journal were well received by many union workers when they launched the actions of workers willing to sign the rights granted to all by the U.S. Constitution, to call them “yellow dogs” and to compare them to willing slaves for their employers. Employers could take action against trade union organizations if their employees had signed a yellow dog contract. A yellow canine contract is a type of contract by which a worker agrees not to become a member of a union in exchange for a job with the company that developed the agreement. Yellow canine contracts are mostly illegal.