Yellow dog contracts, also known as yellow-dog agreements, are legally binding agreements between employers and employees that restrict or prohibit workers from joining or participating in labor unions. Such contracts aim to prevent workers from organizing, collectively bargaining, or engaging in any form of union activities.
The term "yellow dog" stems from the derogatory term for a disloyal person or a scab, emphasizing the contractual requirement for workers to refrain from union participation. These contracts were commonly used in the United States during the late 19th and early 20th centuries, particularly when labor activism and unionization efforts were on the rise.
Yellow dog contracts typically include clauses that prohibit employees from engaging in union-related activities, such as distributing union literature, attending union meetings, or supporting strikes or other collective actions. Violation of these agreements often resulted in termination or other forms of disciplinary action against the worker.
Over time, yellow dog contracts have faced legal challenges and limitations. In the United States, they were significantly restricted by the National Labor Relations Act of 1935, which protected employees' rights to join unions and engage in collective bargaining. Presently, yellow dog contracts are generally considered unenforceable as they infringe upon workers' rights to freedom of association and collective action, despite some limited exceptions in certain jurisdictions.
Yellow dog contracts are recognized as a relic of an era characterized by intense labor conflict and the resistance to workers' rights to organize and collectively bargain. They represent an example of attempting to limit workers' power to take collective action, ultimately serving to suppress labor activism.
