A Primer on American Labor Law, 4th Edition by William B. Gould IV

By William B. Gould IV

A Primer on American hard work legislation is an obtainable advisor written for nonspecialists -- hard work and administration representatives, scholars, normal perform legal professionals, and alternate unionists, executive officers, and lecturers from different international locations. It covers such subject matters because the nationwide exertions relatives Act, unfair exertions practices, the collective bargaining dating, dispute solution, the general public region, and public-interest hard work legislations. This completely up-to-date fourth version comprises wide new fabric, overlaying advancements within the 11 years because the 3rd variation, together with the ongoing decline in union club, activity protection rights, wrongful discharge litigation and dispute solution systems, ADA (Americans with Disabilities Act) litigation, circumstances related to sexual harassment and sexual orientation, the newest collective bargaining agreements in specialist activities, and the controversy -- spurred via globalism -- on overseas hard work criteria. a lot of the dialogue of the nationwide hard work kinfolk Act discusses judgements and coverage alterations via the nationwide hard work family members Board through the author's chairmanship in 1994-1998.

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17 Yet it is fair to say that, over more than sixty-nine years, the Board’s work has contributed substantially to the promotion of industrial peace in the United States. The particular significance of the NLRA (which in 1935 was called the Wagner Act after its principal author, Senator Robert Wagner of New York) was that it provided for regulation of some labor disputes by an expert agency—the National Labor Relations Board—whose principal headquarters were and are in Washington, DC. Congress had departed from the laissez-faire philosophy of NorrisLaGuardia, but it could not be said to be reviving traditional outside involvement and the potential for abuses associated with antitrust laws and the labor injunction—although the courts now had appellate jurisdiction over the Board.

The two key provisions of the Clayton Act were found in sections 6 and 20. Section 6 stated that ‘‘the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor . . organizations, instituted for the purposes of mutual help . . ’’15 But what did section 6 mean? Only one theme emerged clearly: Antitrust laws were not to be deemed to forbid the existence and operation of labor organizations, and therefore, although such organizations are by definition anticompetitive in that they seek to suppress competition between workers in the same plants, companies, wider geographical areas, and ultimately throughout the nation, they were not to be regarded as illegal.

One major problem was left unresolved by NorrisLaGuardia, and another was soon to appear. The first involved the question of what impact, if any, NorrisLaGuardia had upon criminal prosecutions and damage actions pursued by employers or the government under antitrust legislation. The remedies, as well as injunctions, were available under the antitrust statues, but Norris-LaGuardia explicitly addressed the issue of injunctive relief alone. The second question related to the basic inequality between capital and labor in the United States in the early 1930s.

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