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Gender Research as Labor Activism: The Women's Bureau in the New Era
Published online by Cambridge University Press: 27 April 2009
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On June 5, 1920, Congress established the Women's Bureau, charging it to “formulate standards and policies which shall promote the welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities for profitable employment.” Support for the bureau was such that the House passed the bill by a vote of 255 to 10, and the Senate passed it without a recorded vote, though the Monthly Labor Review noted that “there was some opposition.” During a decade when policymakers celebrated the fruits of economic abundance garnered with only the lightest touch from the state, bureau leaders and investigators saw gender research as a form of labor activism that would advance the cause of all workers. The bureau provided a unique site for discourse and deliberation concerning labor standards that did not exist in any other branch of the federal government. No other organization in the federal government thought harder about how policies could be constructed to protect workers, irrespective of gender, from the continued harsh reality of employment in American industry. Along the way, advocates of protective legislation for women sought not only to protect the particular interests of women workers, but also to drive a wedge through a post-Adkins understanding of the “right to contract” and to expand the number of issues that should be seen as affected with a public interest.
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References
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1. 66th Cong., H.R. 13229, “An Act to Establish in the Department of Labor a Bureau to be Known as the Women's Bureau,” republished in all Women's Bureau bulletins during the 1920s.
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12. For a similar assessment of the struggle for protective legislation, but with a focus on the National Consumer's League, see Sklar, Kathryn Kish, “Two Political Cultures in the Progressive Era: The National Consumers' League and the American Association for Labor Legislation,” in U.S. History as Women's History: New Feminist Essays, ed. Kerber, , Kessler-Harris, , and Sklar, , 51.Google Scholar
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19. For an analysis of similar staffing patters in the Bureau of Labor Statistics and its predecessors in the federal government, see Keyssar, Alexander, Out of Work: The First Century of Unemployment in Massachusetts (Cambridge, 1986)Google Scholar; Furner, Mary, “Knowing Capitalism: Public Investigation and the Labor Question in the Long Progressive Era,” in The State and Economic Knowledge: The American and British Experiences, ed. Furner, Mary O. and Supple, Barry (Cambridge, 1991), 246–268Google Scholar; and Leiby, James, Carroll Wright and Labor Reform: The Origin of Labor Statistics (Cambridge, Mass., 1960).Google Scholar
20. According to the bureau, “The function of the Minnesota Bureau of Women and Children … included the inspection of work places, the preparation of reports on conditions of employment of women and children, the enforcement of labor laws, and the inauguration and development of legislative programs for the protection of employed women and children, and the investigation of truancy and deforcement [sic] of the compulsory education law and other laws for the protection of children including investigation and the filing of petitions in Juvenile Court in connection with delinquency and cases involving dependency of children.” Eleanor Nelson, comp., Public Information Division Articles 1918–1955, Women's Bureau, RG 86, Box 11, File 331, National Archives (hereafter cited as na).
21. According to bureau biographical information, “To them are delegated such important tasks as the selection of the most significant problems confronting women workers, the choice of the industries or localities to be studied, the routing of the work, the selection of the firms to be investigated, the making of contacts, cooperation with the interested State agencies and organizations, and at times the actual writing of the reports.” Ibid.
22. M. Carey Thomas (president of Bryn Mawr College) to President Wilson, 28 March 1921; Margaret Drier Robins (former president of wtul) to Secretary James J. Davis, 21 March 1921; Secretary Wilson sent a number of responses to organizations and individuals who endorsed Anderson, but whose original letters were not preserved. Secretary of Labor to Harriet Taylor Upton (vice chairman, National Republican Committee), 25 March 1921; Secretary of Labor to Mary W. Dewson (National Consumers' League), 23 March 1921. All letters RG 174, General Records of the Department Labor, General Records, 1907–42 (chief clerk's office), file 156/6 Mary Anderson, 1918–23, na.
23. “Mary Anderson,” in Fink, Gary M., ed., Biographical Dictionary of American Labor (Westport, Conn., 1974), 88–89Google Scholar; Anderson, Mary as told to Winslow, Mary, Woman at Work (Minneapolis, 1951; reprint Westport, Conn., 1973)Google Scholar. The voluminous correspondence between Van Kleeck and Anderson and other bureau leaders provides evidence of Van Kleeck's continued influence on the bureau well beyond the end of her tenure as director in 1920. Officially, Van Kleeck served as chairman of the Women's Bureau Technical Committee, along with Mrs. Frank B. Gilbrath and Charles P. Neill (former Bureau of Labor Standards commissioner). On the committee, see letter to Anderson from Technical Committee and signed by Van Kleeck, 2 April 1926, Sophia Smith Collection, mvk Papers (hereafter cited as mvk Papers), Smith College, Box 71, Folder Women's Bureau Correspondence. Letters between Van Kleeck and Anderson convey a warm friendship and wide agreement on labor issues. The tone of the letters suggests that Van Kleeck continued to play a mentoring role to Anderson, who frequently sought out Van Kleeck's advice and approval. It is worth repeating in this context that Van Kleeck, prior to being called into the service of the state during the war, had transformed the Russell Sage Foundation's Department of Industrial Studies from an investigatory body focused exclusively on women to one that examined all workers. For correspondence between Anderson and Van Kleeck, see Boxes 64 and 71, mvk Papers, which contain the majority of their correspondence.
24. The report listed one male employee in the bureau. His salary was less than $1,860 per year. Women's Bureau, “The Status of Women in the Government Service,” Bulletin 53 (1926), 5–6, 45.Google Scholar
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27. Women's Bureau, “The New Position of Women in American Industry,” Bulletin 12 (1920), 16.Google Scholar
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29. Domestic and personal-service occupations included servants, waitresses, laundresses, barbers, hairdressers, manicurists, bootblacks, elevator tenders, janitors, laundry operatives, porters, bartenders, and other like occupations.
30. Women's Bureau, “The Occupational Progress of Women,” 8–9.
31. Industries with 50,000 women workers in 1910 included servants, dressmakers, milliners, schoolteachers, boardinghouse keepers, stenographers and typists, musicians, nurses, laundresses, clothing-factory operatives, and textile-mill operatives. “New” industries that in 1920 employed 50,000 workers included saleswoman, bookkeepers and cashiers, retail dealers, cigar-factory operatives, shoe-factory operatives, clerks in stores, and clerks in offices. Women's Bureau, “The Occupational Progress of Women” 19–20.
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37. Women's Bureau, “Family Status of Breadwinning Women in Four Selected Cities,” 8–9. According to Anderson, after the publication of the Passaic, New Jersey study, “Many requests were received by the bureau for a more extensive study.” Ibid., ix. This revised and expanded version of the Passaic, New Jersey study incorporated an analysis of Jacksonville, Florida; Wilkes-Barre and Hanover Township, Pennsylvania; and Butte, Montana.
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60. Women's Bureau, “Negro Women in Industry,” 29.
61. Ibid., 30. See also “American Girl's Travels,” New York Times, 9 April 1922, 90.
62. “Summary of the Tenth Annual Report of the Director of the Women's Bureau: Part II, Comments and Recommendations,” 1923, reel 4 of Records of the Women's Bureau of the U.S. Department of Labor, 1918–1965: Part I,” frame 877.
63. Women's Bureau, “Negro Women in Industry in 15 States,” Bulletin 70 (1929), 47Google Scholar. Like other bureau investigators, Pidgeon came to the bureau with a wealth of experience. She had previously worked with the Children's Bureau as well as the University of Virginia and the University of Chicago. Mary Anderson to mvk, 10 February 1928, mvk Papers, Box 71, Folder 1107, “Women's Bureau-Correspondence.”
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70. wis, “Labor Law for Women in Industry in Indiana,” Bulletin 2 (1919), 10, 13–19.Google Scholar
71. House, Committee on Appropriations, Sundry Civil Bill, 1920, 1561.
72. Woman in Industry Service, “Labor Law for Women in Industry in Indiana,” Bulletin 2 (1919), 3Google Scholar. A similar situation arose when the Employer's Association of New York requested permission to hire women for night work in the chemical industries, and the wis led a study to consider the working conditions. According to Van Kleeck, this investigation “revealed the need for an authoritative scientific statement of the dangers of employing women in the lead trades since lead poisoning causes sterility and infant mortality.” To address this problem, Van Kleeck asked Dr. Alice Hamilton of the Bureau of Labor Standards to author an “authoritative and scientific statement of the dangers of employing women in the lead trades.” Van Kleeck indicated that the wis would “assist in securing action on its conclusions, by advocating the enactment of State laws prohibiting the employment of women in processes involving exposure to lead poisoning.” HAP-Y-2, 1561. “Women Work Risk of Women,” New York Times, 23 July 1918, 11. Woman in Industry Service, “Proposed Employment of Women During the War in the Industries of Niagara Falls, N.Y.,” Bulletin 1 (1918)Google Scholar; “Industrial Problems of Women at Niagara Falls: Woman in Industry Service Makes Recommendations for Their Solutions,” Life and Labor (January 1919): 21–22; “Proposed Employment of Women During the War in the Industries of Niagara Falls, N.Y.,” Monthly Labor Review 8 (01 1919): 231–246Google Scholar. For other wartime studies, see Women's Bureau, “Standards for the Employment of Women in Industry,” Bulletin 3 (1919)Google Scholar; Women's Bureau, “Wages of Candy Makers in Philadelphia in 1919,” Bulletin 4 (1919).Google Scholar
73. wis, “Labor Law for Women in Industry in Indiana,” Bulletin 2 (1919), 4, 11, 26–29.Google Scholar
74. Women's Bureau, “Some Effects of Legislation Limiting Hours of Work for Women,” 7. For further evidence of the bureau's advisory role to states, see Women's Bureau, “Iowa Women in Industry,” Bulletin 19 (1922)Google Scholar; Women's Bureau, “Hours and Conditions of Work for Women in Industry in Virginia,” Bulletin 10 (1920)Google Scholar; Women's Bureau, “Labor Laws for Women in Industry in Indiana”; Women's Bureau, “Women in Missouri Industries,” Bulletin 35 (1924)Google Scholar; Women's Bureau, “Women in Rhode Island Industries,” Bulletin 22 (1922)Google Scholar; Women's Bureau, “Women in Alabama Industries,” Bulletin 34 (1924)Google Scholar; and Women's Bureau, “Women in Maryland Industries,” Bulletin 24 (1922).Google Scholar
75. “Iowa is one of the six States which do not limit the number of hours, by day or week, that a woman may work; it is one of the 35 states permitting night work without restriction; it is one of the 34 States having no minimum wage legislation.” Women's Bureau, “Iowa Women in Industry,” Bulletin 19 (1922), 7–8.Google Scholar
76. Women's Bureau, “Hours and Conditions of Work for Women in Industry in Virginia,” Bulletin 10 (1920), 6Google Scholar. During and shortly after World War I, writers of the bureau bulletins often made very specific policy recommendations to state governments based on their investigation. Women's Bureau, “Labor Laws for Women in Industry in Indiana,” 27–29; Women's Bureau, “Women in Missouri Industries,” Bulletin 35 (1924)Google Scholar; Women's Bureau, “Women in Rhode Island Industries,” Bulletin 22 (1922), 13Google Scholar. In other cases, the bureau did not make specific policy recommendations and instead designed investigations to help state officials and private organizations develop “industrial standards as will promote occupational and ensure mental and physical health.” Women's Bureau, “Women in Alabama Industries,” Bulletin 34 (1924), 1.Google Scholar
77. Women's Bureau, “Women in Maryland Industries,” Bulletin 24 (1922), 14.Google Scholar
78. Reed, Ellery F., An Analysis of the Report of the Ohio Minimum Wage Commission (Cleveland, 1925)Google Scholar; Hammond, H. B., “Review,” American Economic Review (09 1926): 495–497.Google Scholar
79. In the study, the bureau examined thirteen states with minimum-wage legislation covering 1,080,257 women workers. Setting the stage for New Deal labor legislation, many states excluded particular occupations from minimum-wage laws, most frequently domestic and agricultural. Women's Bureau, “The Development of Minimum-Wage Laws in the United States, 1912–1927” (1928), 14Google Scholar. Some states continued to enforce minimum-wage laws after 1923. Of the thirteen states with wage legislation on the books prior to 1923, at least two states (Massachusetts and Washington) continued to enforce wage laws and New York passed a new piece of minimum-wage legislation. The study proved useful to New Dealers, who attacked “liberty of contract” rulings and was republished by the Bureau in 1934.
80. Bureau examination of mechanisms enforcing minimum-wage laws found a number of states, including Colorado, Kansas, Massachusetts, Minnesota, and Washington, that abolished the independent commissions that enforced and administered labor laws. Women's Bureau, “The Development of Minimum-Wage Laws in the United States, 1912–1927,” 26.
81. Ibid, 370–71. For further evidence of inadequate enforcement, see Women's Bureau, “Iowa Women in Industry,” 36, 50. Women's Bureau, “Industrial Accidents to Women in New Jersey, Ohio, and wis consin,” Bulletin 60 (1927)Google Scholar; Women's Bureau, “Women in Mississippi Industries” 5; Women's Bureau, “Women in Delaware Industries,” Bulletin 58 (1927), 7–8.Google Scholar
82. Anderson referred to the Adkins decision as “nothing short of a calamity to the women workers of this country.… As one means of remedying this situation [low wages for women workers] many of us have pinned out hopes on the operation of minimum wage laws.” “Calls Wage Ruling by Court a ‘Calamity,’” New York Times, 12 April 1923, 11.
83. Quoted in “Labor Women Carry Battle to Coolidge,” New York Times, 22 January 1926, 2.
84. Women's Bureau, “The Effects of Labor Legislation on the Employment Opportunities of Women,” Bulletin 65 (1928), xv, 54Google Scholar. In order to determine the precise impact of protective legislation on women workers, the Bureau and the Women's Party attempted to organize a U.S. Commission on Industrial Relations (cir)–style investigation of the impact of labor legislation on women. To conduct the investigation, the bureau initially organized the Women's Industrial Conference (wic), an investigatory committee modeled explicitly after the cir. The wic included a technical committee of trained industrial investigators and representatives of organizations opposing and advocating protective legislation for women. The attempt at cooperation failed, in part as a result of disagreements over whether the testimony should be closed or open to the public. The bureau and other defenders of protective legislation insisted that the hearing should be held behind closed doors in order to protect women workers from retaliation at work, whereas Paul and others insisted on an open hearing. Interestingly, the bureau made specific reference to John R. Commons's cir minority report, which, as described by the bureau, urged “that in the administration of labor legislation controversial issues would be met by having both sides represented in advisory committees.” Women's Bureau, “The Effects of Labor Legislation on the Employment Opportunities of Women,” Bulletin 65 (1928), xviGoogle Scholar. The bureau's conclusions in this study squared with some of its earlier work. For instance, in 1921, it conducted a study of the sixty-hour week in New Jersey and the fortyeight-hour week in Massachusetts' rubber and electrical appliance manufacturing industries, concluding that employers did not substitute men and children for women workers after the passage of legislation that regulated working women's hours of employment. In fact, when firms decreased hours, nearly all employers (45 of 47 responding) increased hourly or piece-rate wages. Women's Bureau, “Some Effects of Legislation Limiting Hours of Work for Women,” Bulletin 15 (1921), 8, 17, 24Google Scholar. For a sampling of press coverage of the committee and its demise, see Smith, Ethel, “Woman Worker Fights for Higher Standards,” New York Times, 17 01 1966, 6Google Scholar; “Labor Women Carry Battle to Coolidge” New York Times; “Special to the New York Times,” New York Times, 11 May 1926; and “When Women Disagree,” New York Times, 12 May 1926, 26.
85. Sklar, Kathryn Kish, “Two Political Cultures in the Progressive Era: The National Consumers' League and the American Association for Labor Legislation,” in U.S. History as Women's History: New Feminist Essays, ed. Kerber, , Kessler-Harris, , and Sklar, , 51.Google Scholar
86. This occurred in forty of forty-nine factories surveyed. Women's Bureau, “Some Effects of Legislation Limiting Hours of Work for Women,” Bulletin 15 (1921), 15–16Google Scholar. See also Winslow, Mary N., “The Effect of Labor Laws on Women Workers,” Proceedings of the National Conference of Social Work (Chicago, 1927): 315Google Scholar. Many labor experts noted that men and women in industry benefited from labor standards that explicitly protected women. Mary Van Kleeck to Lillian Randall, 1 February 1927, Box 18, mvk Papers.
87. mvk to Ethel M. Smith, 8 January 1923, Box 23, mvk Papers. Throughout the New Era, Van Kleeck continued to make the case that men and women both benefited from legislation aimed at women. In doing so, Van Kleeck often cited bureau data. See mvk to Lillian Randall, 1 February 1927, Box 18, mvk Papers; “Working Women in International Fellowship, 1919,” Address at First International Congress of Working Women, Washington, D.C., 28 October 1919 (particularly p. 6), Box 24, File 487, mvk Papers.
88. States continued to adopt and maintain minimum-wage legislation after Atkins, but they did so with varied enforcement mechanisms. For instance, Connecticut, Illinois, Massachusetts, New Hampshire, New Jersey, New York, and Ohio all maintained or adopted some form of minimum-wage legislation. In general, these laws provided for investigations of wages in industry. If these investigations found “wages that are oppressive and unreasonable,” a wage board was formed including representatives of employers, workers, and the public, who would recommend a fair wage. The board would issue a “directory” specifying the wage that should be paid and for what duration. Initially, the board could only use publicity to ensure compliance, but if the employer continued to resist, additional measures (fines, imprisonment) could be employed. For an analysis of efforts to conform to Adkins, see Women's Bureau, “Summary of State Hour Laws for Women and Minimum Wage Rates,” Bulletin 137 (1936), 2.Google Scholar
89. The use of an extensive brief based on data and research that conveyed the conditions of labor to justices had been part of the strategy in Muller v. Oregon 208 U.S. 412 (1908), which included voluminous research on the debilitating effects of long hours, low wages, and poor working conditions on workers. Though briefs were focused on women workers, Felix Frankfurter, who as much as anyone used the language of maternalism to defend protective legislation, noted in 1916 that in terms of the evidence in the briefs, “there is no sharp difference in kind as to the effect of labor on men and women.” Frankfurter, “Hours of Labor and Realism in Constitutional Law,” Harvard Law Review (February 1916): 367; Hart, Bound by Our Constitution: Women Workers and the Minimum Wage, 103.
90. Women's Bureau, “Summary: The Effects of Labor Legislation on the Employment Opportunities of Women,” vii
91. Women's Bureau, “Summary: The Effects of Labor Legislation on the Employment Opportunities of Women,” vii. Here the bureau separated itself from other female reform organization, such as the National Consumers League, where leaders became somewhat despondent after the Supreme Court overruled Washington, D.C.'s minimum-wage law. Hart, Bound by Our Constitution, 130–31. For further analysis of 1920s investigations into the relationship between increased productivity and better working conditions, see Hendrickson, Mark, “Steering the State: Government, Nongovernmental Organizations, and the Making of Labor Knowledge in the 1920s,” in Politics and Partnerships, ed. Clemens, Elisabeth S. and Guthrie, Doug (Chicago, forthcoming)Google Scholar. For examples of investigations, see Byington, Margaret F., Homestead: The Households of a Milltown (New York, 1910) 35, 171–72Google Scholar; Vernon, H. M., Industrial Fatigue and Efficiency (New York, 1921)Google Scholar; Collis, Edgar L. and Greenwood, Major, The Health of the Industrial Worker (Philadelphia, 1921)Google Scholar; Goodrich, Carter, The Miner's Freedom: A Study of the Working Life in a Changing Industry (New York, 1925)Google Scholar; Myers, Charles S., Industrial Psychology (New York, 1925)Google Scholar; Goldmark, Josephine, Fatigue and Efficiency: A Study in Industry (New York, 1912)Google Scholar; Frankfurter, Felix, The Case for the Shorter Work Day (New York, 1916)Google Scholar. Walker, Charles R., “The Twelve-Hour Shift,” American Labor Legislation Review 13 (06 1923): 108–118Google Scholar; and Walker, , Steel: The Diary of a Furnace Worker (Boston, 1922)Google Scholar. See also numerous studies along these same lines by the Public Health Service cited in note 8 above.
92. wis, “Labor Laws for Women in Industry in Indiana,” Bulletin 2 (Washington, D.C., 1919), 11Google ScholarPubMed; Kessler-Harris, , Out to Work: A History of Wage-Earning Women in the United States (1982; Oxford, 2003), 200.Google Scholar
93. The bureau described one employer, “Although it probably cost him 5 cents an hour more for each girl he made this up easily in increased production because of greater efficiency, fewer mistakes, a better class of more highly skilled girls, and a lower labor cost because of the small turnover.” Women's Bureau, “Some Effects of Legislation Limiting Hours of Work for Women,” 10. For additional discussion of progressive employers' support of reduced hours and labor legislation, see Women's Bureau, “History of Labor Legislation for Women in Three States,” 8–9.
94. Women's Bureau, “Standard and Scheduled Hours of Work for Women in Industry,” Bulletin 43 (1925), 43Google Scholar; wis, Labor Law for Women in Industry in Indiana, 11, 18–20.
95. Women's Bureau, “Lost Time and Labor Turnover in Cotton Mills,” Bulletin 52 (1926), 14–18.Google Scholar
96. For an excellent overview of this scholarship and a strong case for a more intertwined explanation, see Kalman, Laura, “The Constitution, the Supreme Court, and the New Deal,” American Historical Review 110 (10 2005): 1052–1079CrossRefGoogle Scholar. On the bureau's role in interpreting the effect of the decision on the labor market and women workers, see McLaughlin, Kathleen, “Inquiries on the Minimum Wage Law Flood the Women's Bureau,” New York Times, 25 04 1937, 6.Google Scholar
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