Chap3_02 - BUS353-01 CHAPTER 3 Legal Influences I. Origin...

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BUS353-01 CHAPTER 3 Legal Influences I. Origin of Labor Relations Law A. Constitution and Amendments B. Common law 1. Comes into being through court decisions / not statutes 2. example - employment at will 3. employer or employee can end employment a. anytime for good / bad / no reason b. does not mean employee has right to a job C. Statutes and Legislative Branch 1. legislative enactments 2. can be labor specific 3. can be general but applied in specific cases to labor relations D. Judicial decisions and interpretations E. Executive Orders F. State and local municipalities G. Administrative agencies within the Executive Branch 1. National Labor Relations Board (NLRB) 2. Federal Mediation and Conciliation Service (FMCS) 3. U.S. Department of Labor (USDOL) 4. National Mediation Board (NMB) 5. National Railroad Adjustment Board (NRAB) 6. Other state and local administrative agencies II. Early Legal Interpretations Involving Labor-Management Relationships (1806- 1931) A. Criminal conspiracy doctrine 1. Cordwainers Case (1806) established "criminal conspiracy" doctrine 2. Commonwealth v. Hunt (1842): lawfulness of ends (objectives) and means must be considered. B. Yellow Dog Contract and use of the labor injunction 1. Employers required employees to sign "yellow-dog" contracts prohibiting them from engaging in union activities a. Used directly with employees b. Used against union organizers (breach of contract) c. main tool used by employer to prevent unions / not to force employees to join a company union
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2. Injunction: court order prohibiting or restricting certain concerted activities (e.g., strikes) in a labor dispute C. Application of antitrust legislation to labor unions 1. Sherman Antitrust Act of 1890 applied to unions in awarding damages for boycotting in the Danbury Hatters ( Loewe v. Lawlor ) case in 1908 2. Clayton Act of 1914 amended Sherman Act and intended to support the right of unions to exist a. declared labor is not a commodity b. no injunctions when unions used lawful means for lawful purposes c. Samuel Gompers called Clayton Act labor’s Magna Charta did not in fact help organizers d. Supreme Court ruled that the courts would decide what is lawful e. Main reason Clayton Act was not labor’s Magna Charta i. made it easier for employers to seek injunctions against unions (employers could seek injunctions on their own) III. Norris-La Guardia Act (Federal Anti-Injunction Act) 1932 A.Restricted federal courts in issuing labor injunctions
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This note was uploaded on 06/17/2011 for the course BUS 353 taught by Professor Henrynovak during the Spring '11 term at St. Xavier.

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Chap3_02 - BUS353-01 CHAPTER 3 Legal Influences I. Origin...

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