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Silverman F04 Labor Law Outline

Silverman F04 Labor Law Outline - Labor Law Outline Major...

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Labor Law Outline Major Themes of Laws of Labor Law Labor law is the employer/employee relationship – not the union/employee relationship Framing of the Class – what are the tensions? o Federal v. state government: who makes the labor law? – federal for most part o Government v. private o Employer v. union o Employer v. employee Vegelahn v. Gunter (1896): Holme’s dissent: revolutionary thought: working people have the same rights of capital to combine together Plant v. Woods, (1900) : old case in which says that you must look at the motive of the union, not just the actions – courts issued injunctions to prevent strikes The Antitrust Laws The Sherman Act (1890) o Two provisions (treble damages): Monopolization of industries unlawful Conspiracy and restraint of trade unlawful o Meant for antitrust, but applied more often to labor unions (restraint of trade) Courts issued injunctions against strikes and through leaders in jail The Clayton Act and Union Growth (1890-1930) (Wilson’s Administration) o Amended Sherman to seemingly exempt application to unions; but for a while courts misinterpreted the statute (“means” and “objectives” tests) o Duplex Printing (1921) rendered impotent the Clayton’s Acts protection of unions from the antitrust laws. Court says Clayton Act applies only to lawful “objectives” – and clause seeking all workers as members of unions is unlawful, therefore injunction against strike Injunction against strikes are particularly devastating Power of injunction is power to decide who wins in a labor dispute Legislative Response Norris-LaGuardia Act (anti-injunction act) (Hoover) o Federal courts should not issue injunctions in labor disputes (basic premise still holds) Clayton act really meant no antitrust liability for unions o As long as the union is acting in the employer/employee relationship in the labor market, the union is free of antitrust liability Sherman still prevents employers from combining together to set wages (per se liability) o But Clayton exempts unions from this, so to make this equal, Sherman also exempts employers from antitrust liability when dealing with union Thornhill v. Alabama, (1940) : picketing is protected by the First Amendment (free speech) 1
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The Wagner Act and Amendments (the NLRA) History of employment at will: employer can fire and you can quit at any time you want o There have been modifications of the employment at will doctrines Another modification is the Railway Labor Act (1926) First beginning of the right to organize – this limits employment at will Later extended to airlines Emphasis on peaceful settlement of industrial disputes The Wagner Act (1935) o Section 7: 1) organize 2) collectively bargain and 3) strike (concerted activities) o Encouraged union growth; unions and employers should be separate (no company unions) o The Act was held constitutional (Jones & Laughlin Steel 1937) The Taft-Hartley Act (1947) o Amended law to make unfair labor practices against unions
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