Historical and Legal Development of Right to Strike Concept: Committee Print...88-1..April 5, 1963 |
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48 Stat absence of unlawful Act of July antitrust laws bargain collectively BONNER boycotts cease circuit court Clayton Act collective bargaining combination of labor compel an employer compel or induce concerted activities Congress conspiracy construed Court held DEVELOPMENT OF RIGHT discharge for unlawful economic strikers employee who strikes entitled to reinstatement forbid forbidden objectives force an employer free speech HISTORICAL AND LEGAL illegal injunctions in labor interstate commerce Labor Board labor disputes labor organization labor practice strikers Labor Relations Board lawfully LEGAL DEVELOPMENT National Labor Relations order or injunction original National Labor peaceful picketing protected the right railroads Railway Labor Act restraint of trade restraint or coercion right to strike section 7(a Sherman Antitrust Act specified STRIKE CONCEPT strike in violation strike to compel strike to gain Strikebreakers striking employees Supreme Court chose sustain its jurisdiction Taft-Hartley Act tion unfair labor practice union unlawful conduct unlawful object Wagner Act
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Side 3 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
Side 3 - ... attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do...
Side 3 - 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, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...
Side 2 - We enter into no examination of the act of July 2, 1890, c. 647, 26 Stat., 209, upon which the circuit court relied mainly to sustain its jurisdiction. It must not be understood from this that we dissent from the conclusions of that court in reference to the scope of the act, but simply that we prefer to rest our judgment on the broader ground which has been discussed in this opinion, believing it of importance that the principles underlying it should be fully stated and affirmed.
Side 2 - It must be borne in mind that this bill was not simply to enjoin a mob and mob violence. It was not a bill to command a keeping of the peace ; much less was its purport to restrain the defendants from abandoning whatever employment they were engaged in. The right of any laborer, or any number of laborers, to quit work was not challenged.
Side 4 - employee' shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute...
Side 4 - Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.
Side 3 - ... ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto...
Side 3 - ... or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to. or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified...
Side 2 - States; and from compelling or inducing, or attemping to compel or induce, by threats, intimidation, persuasion, force, or violence, any of the employees of any of said railroads to refuse or fail to perform any of their duties as employees...