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Chapter 36 - Regulating Strikes

from Section A: Economics

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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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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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 986 - 1005
Publisher: Cambridge University Press
Print publication year: 2022

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  • Regulating Strikes
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.038
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  • Regulating Strikes
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.038
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Regulating Strikes
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.038
Available formats
×