Benjamin Aaron
Encyclopedia
Benjamin Aaron was an American
attorney
, labor law
scholar and civil servant. He is known for his work as an arbitrator
and mediator
, and for helping to advance the development of the field of comparative labor law in the United States.
when he was five years old, and his father died soon thereafter of multiple sclerosis
. Aaron was brought up by an aunt and uncle.
He received a bachelor's degree
from the University of Michigan
in 1937. Aaron later said he became a lawyer because his father and two uncles had also been attorneys. He decided on practicing labor law after taking a class on the subject in his third year. Aaron received his law degree
from Harvard University
in 1940. He married the former Eleanor Opsahl, and the couple had two daughters.
. President
Franklin D. Roosevelt
appointed Aaron executive director of the WLB, and he served until the end of 1946.
In the immediate post-war period, Aaron served as a conciliator with the United States Conciliation Service
and helped settle a number of labor disputes—particularly in California
's aircraft industry during the post-war wave of strikes. President Harry S. Truman
appointed him to be a public member of the Wage Stabilization Board
on July 5, 1951. He was a strong critic of the Board's case-by-case method of awarding pay increases. During the 1952 steel strike
, he played a role as a go-between for the United Steelworkers of America and the Board. President Truman appointed him vice chairman of the Board on May 29, 1952. Aaron was deeply critical of congressional efforts to cut the Board's budget, and declared that Congress should either fully fund the Board's activities or have the courage to legislate the Board out of existence.
's Institute of Industrial Relations in 1946. He was appointed the Institute's director in 1960 and served until 1975.
In 1960, Aaron was elected a vice president of the National Academy of Arbitrators
. He was elected president of the organization in 1962.
Throughout the 1960s, Aaron helped mediate a large number of labor disagreements, including disputes between workers and employers in the transit, railroad transportation, longshore, aerospace, health care, airline and agricultural industries. He helped negotiate the first contract
between a county
and a public employee union
in California history in 1968. He later assisted the County of Los Angeles
in drafting a public employee collective bargaining ordinance
, and served as the mediator during the first contract negotiations between the county and its public employee unions.
President Lyndon B. Johnson
appointed Aaron to the National Commission on Technology, Automation and Economic Progress in 1965. As a member of the commission, Aaron studied the effect automation, computer technology and robotics had on patterns of employment, job training and unemployment. The commission's 1966 report called for higher funding of the Job Corps
' vocational training programs and concluded that the disruptions caused by technological change would not be as serious as many feared.
The same year, Secretary of Labor
W. Willard Wirtz
appointed Aaron to a national panel to study the need for reinstating the Bracero Program
in order to ease a national agricultural labor shortage. Although the panel recommended relaxation of immigration rules to permit larger numbers of guest workers and Wirtz accepted the plan, Attorney General Nicholas Katzenbach
overruled Wirtz just a month later and shut the bracero program down.
In 1970, Aaron mediated an end to a five-week strike
by 14,000 members of the United Teachers of Los Angeles, AFT
, against the Los Angeles Unified School District
. Aaron's efforts helped end what is still (as of 2007) the longest teachers' strike in the history of California.
At the age of 68, Aaron helped mediate an end to a strike by pilots at Continental Airlines
in 1983.
, France
, Sweden
, Germany
and Italy
to discuss each country's unique approach to labor and industrial relations. Over the next 12 years, the Comparative Labor Law Group produced three books and helped establish the legal discipline of comparative labor law in the United States. Due to his work in the field, Aaron became editor of the Comparative Labor Law and Policy Journal
. Despite his advanced age, at the time of his death Aaron still served as Senior Editor of the publication.
Aaron was also a strong critic of American labor law. He contended that most judges lack experience in how the modern workplace functions and the specialized nature of labor law, and advocated the creation of "labor courts" to adjudicate employer-union legal disputes. He also argued that the Taft-Hartley Act
was deeply flawed, although union members' rights needed additional protection not offered under the National Labor Relations Act
, Taft-Hartley, or the Landrum-Griffin Act
. In an article in the Comparative Labor Law Journal in 1979, Aaron argued that the National Labor Relations Act
failed to protect the rights of the vast majority of unorganized workers and advocated major reform of the act.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, labor law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
scholar and civil servant. He is known for his work as an arbitrator
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...
and mediator
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
, and for helping to advance the development of the field of comparative labor law in the United States.
Early life
Aaron was born in Chicago, Illinois. His parents were Henry and Rose (Weinstein) Aaron, and he was the youngest of five children. His mother died of tuberculosisTuberculosis
Tuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...
when he was five years old, and his father died soon thereafter of multiple sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
. Aaron was brought up by an aunt and uncle.
He received a bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
in 1937. Aaron later said he became a lawyer because his father and two uncles had also been attorneys. He decided on practicing labor law after taking a class on the subject in his third year. Aaron received his law degree
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
in 1940. He married the former Eleanor Opsahl, and the couple had two daughters.
Federal service
Aaron served as a mediator with the War Labor Board (WLB) early in World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
appointed Aaron executive director of the WLB, and he served until the end of 1946.
In the immediate post-war period, Aaron served as a conciliator with the United States Conciliation Service
Federal Mediation and Conciliation Service (USA)
The Federal Mediation and Conciliation Service is an independent agency of the United States government, founded in 1947, which provides mediation services to industry, community and government agencies worldwide. One of its most common tasks is to help to mediate labor disputes around the country....
and helped settle a number of labor disputes—particularly in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
's aircraft industry during the post-war wave of strikes. President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
appointed him to be a public member of the Wage Stabilization Board
Wage Stabilization Board
The Wage Stabilization Board was set up by President Harry Truman within the United States Department of Labor, in December 1945, to take over the work of the National War Labor Board...
on July 5, 1951. He was a strong critic of the Board's case-by-case method of awarding pay increases. During the 1952 steel strike
1952 steel strike
The 1952 steel strike was a strike by the United Steelworkers of America against U.S. Steel and nine other steelmakers. The strike was scheduled to begin on April 9, 1952, but President Harry S. Truman nationalized the American steel industry hours before the workers walked out. The steel companies...
, he played a role as a go-between for the United Steelworkers of America and the Board. President Truman appointed him vice chairman of the Board on May 29, 1952. Aaron was deeply critical of congressional efforts to cut the Board's budget, and declared that Congress should either fully fund the Board's activities or have the courage to legislate the Board out of existence.
Post-war career
Aaron joined UCLAUniversity of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
's Institute of Industrial Relations in 1946. He was appointed the Institute's director in 1960 and served until 1975.
In 1960, Aaron was elected a vice president of the National Academy of Arbitrators
National Academy of Arbitrators
The National Academy of Arbitrators is a not-for-profit 501 honorary and professional organization of labor arbitrators in the United States and Canada founded in 1947....
. He was elected president of the organization in 1962.
Throughout the 1960s, Aaron helped mediate a large number of labor disagreements, including disputes between workers and employers in the transit, railroad transportation, longshore, aerospace, health care, airline and agricultural industries. He helped negotiate the first contract
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
between a county
County (United States)
In the United States, a county is a geographic subdivision of a state , usually assigned some governmental authority. The term "county" is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs. Parishes and boroughs are called "county-equivalents" by the U.S...
and a public employee union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
in California history in 1968. He later assisted the County of Los Angeles
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
in drafting a public employee collective bargaining ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
, and served as the mediator during the first contract negotiations between the county and its public employee unions.
President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
appointed Aaron to the National Commission on Technology, Automation and Economic Progress in 1965. As a member of the commission, Aaron studied the effect automation, computer technology and robotics had on patterns of employment, job training and unemployment. The commission's 1966 report called for higher funding of the Job Corps
Job Corps
Job Corps is a program administered by the United States Department of Labor that offers free-of-charge education and vocational training to youth ages 16 to 24.-Mission and purpose:...
' vocational training programs and concluded that the disruptions caused by technological change would not be as serious as many feared.
The same year, Secretary of Labor
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
W. Willard Wirtz
W. Willard Wirtz
William Willard Wirtz was a former U.S. administrator, cabinet officer, attorney, and law professor. He served as the Secretary of Labor between 1962 and 1969 under the administrations of Presidents John F. Kennedy and Lyndon B. Johnson. At the time of his death, he was the last living member of...
appointed Aaron to a national panel to study the need for reinstating the Bracero Program
Bracero Program
The Bracero Program was a series of laws and diplomatic agreements, initiated by an August 1942 exchange of diplomatic notes between the United States and Mexico, for the importation of temporary contract laborers from Mexico to the United States.American president Franklin D...
in order to ease a national agricultural labor shortage. Although the panel recommended relaxation of immigration rules to permit larger numbers of guest workers and Wirtz accepted the plan, Attorney General Nicholas Katzenbach
Nicholas Katzenbach
Nicholas deBelleville Katzenbach is an American lawyer who served as United States Attorney General during the Lyndon B. Johnson administration.-Early life:...
overruled Wirtz just a month later and shut the bracero program down.
In 1970, Aaron mediated an end to a five-week strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
by 14,000 members of the United Teachers of Los Angeles, AFT
American Federation of Teachers
The American Federation of Teachers is an American labor union founded in 1916 that represents teachers, paraprofessionals and school-related personnel; local, state and federal employees; higher education faculty and staff, and nurses and other healthcare professionals...
, against the Los Angeles Unified School District
Los Angeles Unified School District
Los Angeles Unified School District is the largest public school system in California. It is the 2nd largest public school district in the United States. Only the New York City Department of Education has a larger student population...
. Aaron's efforts helped end what is still (as of 2007) the longest teachers' strike in the history of California.
At the age of 68, Aaron helped mediate an end to a strike by pilots at Continental Airlines
Continental Airlines
Continental Airlines was a major American airline now merged with United Airlines. On May 3, 2010, Continental Airlines, Inc. and UAL, Inc. announced a merger via a stock swap, and on October 1, 2010, the merger closed and UAL changed its name to United Continental Holdings, Inc...
in 1983.
Legal contributions
In 1966, Aaron helped form the Comparative Labor Law Group. Aaron invited prominent labor law scholars from the United States, the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
to discuss each country's unique approach to labor and industrial relations. Over the next 12 years, the Comparative Labor Law Group produced three books and helped establish the legal discipline of comparative labor law in the United States. Due to his work in the field, Aaron became editor of the Comparative Labor Law and Policy Journal
Comparative Labor Law and Policy Journal
The Comparative Labor Law and Policy Journal is a law journal which publishes articles in the field of comparative and transnational labor and employment law....
. Despite his advanced age, at the time of his death Aaron still served as Senior Editor of the publication.
Aaron was also a strong critic of American labor law. He contended that most judges lack experience in how the modern workplace functions and the specialized nature of labor law, and advocated the creation of "labor courts" to adjudicate employer-union legal disputes. He also argued that the Taft-Hartley Act
Taft-Hartley Act
The Labor–Management Relations Act is a United States federal law that monitors the activities and power of labor unions. The act, still effective, was sponsored by Senator Robert Taft and Representative Fred A. Hartley, Jr. and became law by overriding U.S. President Harry S...
was deeply flawed, although union members' rights needed additional protection not offered under the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
, Taft-Hartley, or the Landrum-Griffin Act
Labor Management Reporting and Disclosure Act
The Labor Management Reporting and Disclosure Act of 1959 , is a United States labor law that regulates labor unions' internal affairs and their officials' relationships with employers.-Background:...
. In an article in the Comparative Labor Law Journal in 1979, Aaron argued that the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
failed to protect the rights of the vast majority of unorganized workers and advocated major reform of the act.