Book contents
- The Hughes Court
- The Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- Additional material
- Additional material
- The Hughes Court
- Copyright page
- Contents
- Acknowledgments
- Preface
- Table of Cases
- Introduction
- Part I The Opening Years
- Part II Continuities
- Part III New Approaches Begin to Emerge
- Section A: Economics
- Chapter 35 The Supreme Court and New Deal Economics
- Chapter 36 Regulating Strikes
- Chapter 37 Regulating the NLRB
- Chapter 38 The Labor–Antitrust Interface
- Section B: Civil Liberties after 1937
- Historiographical Essay
- Index
Chapter 36 - Regulating Strikes
from Section A: Economics
Published online by Cambridge University Press: 13 January 2022
- The Hughes Court
- The Oliver Wendell Holmes Devise History of the Supreme Court of the United States
- Additional material
- Additional material
- The Hughes Court
- Copyright page
- Contents
- Acknowledgments
- Preface
- Table of Cases
- Introduction
- Part I The Opening Years
- Part II Continuities
- Part III New Approaches Begin to Emerge
- Section A: Economics
- Chapter 35 The Supreme Court and New Deal Economics
- Chapter 36 Regulating Strikes
- Chapter 37 Regulating the NLRB
- Chapter 38 The Labor–Antitrust Interface
- Section B: Civil Liberties after 1937
- Historiographical Essay
- Index
Summary
Having held the National Labor Relations Act constitutonal, the Court then had to identify labor tactics that the NLRA protected and those it prohibited. In doing so it relied in substantial part on preexisting accounts of employers' property rights. It found no labor law violation when employers hired permanent replacement workers for those who went out on an “economic” strike rather than an “unfair labor practices” strike, and held that the NLRA did not bar employeres from firing workers who engaged in “sit down” strikes. It also limited the scope of the remedy of awarding back pay to workers unlawfully fired. All these decisions reduced the ability of unions to place economic pressure on employers.
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- Chapter
- Information
- The Hughes CourtFrom Progressivism to Pluralism, 1930 to 1941, pp. 986 - 1005Publisher: Cambridge University PressPrint publication year: 2022