The Labor Policy of the Free Society
Index
to leading cases, to names, and to topics
Actions for damages against trade unions
common law, 185, 273, 275
Taft-Hartley Act, 187
Administration of justice
annual federal appropriation for, 93
failure of state, 93
function of state, 74
progress and retrogression in, 263-65, 272-82
Administrative law, critique of, 284-88
Administrative Procedure Act, 322
Affiliated unions
under interventionism, 129-30, 184-86
Taft-Hartley Act, 187
Agency principles
common law, 185
Norris-LaGuardia Act, 185
Taft-Hartley Act, 186
Agreement; see Collective contract
Amendments; see Policy proposals
American Steel Foundries v. Tri-City
Central Trades Council, 157, 277, 303, 306, 313, 325
Apex Hosiery Co. v. Leader, 314
Arbitration; see also Grievances
compulsory, 136, 137, 214
and employee grievances, 220, 232
Assn. of Westinghouse Employees v.
Westinghouse Electric Corp., 229, 317, 320
Auburn Draying Co. v. Wardell, 314
Bargaining; see Collective bargaining
Bargaining Power
absolute inequality of, in socialism, 67
in labor relations, 68-70
and property rights, 62, 67-68
tendency toward equilibrium in market economy, 67-68
Bargaining unit, problems, 222, 245-47
Black, Justice Hugo, 324
Blacklisting, 154, 251, 252
Bossert v. Dhuy, 314
Braun, Kurt, 302, 310
British law, restrictions on labor action, 190-91, 311
Building Service Employees v. Gazzam, 313
Capital formation
as basis of productivity, 20, 102-7
as means to personal security, 21
Capitalism; see Free society
Carpenters & joiners v. Ritter’s Cafe, 313, 314
Centralization of economic power
false clichè of politicians, 66
tendency away from, in market economy, 65
Certification by NLRB
Taft-Hartley Act, 187-88
Wagner Act, 184-85
Chamber of Commerce, U. S., 95
Chamberlain, Neil W., 299, 320
Charity and taxation, 34-35
Choice of occupation, 24-27, 63-64; see also Compulsory unionism
Classical liberalism, role in America, 133, 191
Clayton Act
cited, 302
construction by Supreme Court, 275
Closed-shop contracts; see Compulsory unionism
Coercion
analyzed and defined, 44-48, 150-58, 235-45
basis of defects in unions, 109
compulsory unionism as, 155-56
as frequent trade-union practice, 109-20
one rule for unions, another for employers, 242-43
peaceable persuasion distinguished, 150, 250-51
physical violence and, 156
picketing as, 150-52, 237-39
prohibited
by employers, 138-48, 242-45
by unions, 134-35
secondary union action as, 152-55, 240-42
by unions, under Taft-Hartley Act, 131, 163-65, 237-42
Cohen, Morris R., 295
Collective agreement; see Collective contract
Collective bargaining
as central feature in labor relations, 126-27
conceptual confusion, 173-74, 214-17, 254
duty of employers, 173-74, 214-17, 254-56
effect of violence, 249-53
employer and union restraints on, 249-53
free bargaining defined, 249
general role of law, 172
impact on workers, 218-32
as market operation, 174
policy proposals, 249-61
political intervention in, 207-17, 256-58
public approval of, 132
status
under common law, 182-83
under interventionist policies, 184-86
under Taft-Hartley Act, 186
and violence, 194-201
worker interest in, 218-32
Collective contract
actions for damages, 187
enforceable, 229
enforcement of, in equity, 260-61
necessity for respect of, 260
policy proposals, 260-61
status
under common law, 183
in interventionist period, 184-86
Taft-Hartley Act, 187, 229
termination or modification of, 261
worker interest in administration of, 218, 220, 228-32
Common defense as function of state, 17-19, 74
Common law
agency rule, 185
and collective bargaining, 182-83
distinction between peaceful and violent action, 191-92
nineteenth century attitude toward labor combinations, 192-95
prestige of the Massachusetts court in nineteenth century, 192-93
reflects free-market theory, 189-90, 193
role in development of labor policy, 138-40, 156-59, 160
status of unions under, 183, 189-98, 273
uncommon character in U. S., 158, 203
Commons, John R., 303, 304
Commonwealth v. Hunt, 193, 303, 311
Commonwealth v. Moore, 303, 312
Competition, 11-13, 67-68, 76-77, 226
Compulsion; see also Compulsory unionism
power of, necessary to state, 79-80
Compulsory payroll deductions, 22-23
Compulsory unionism
arguments for and against, 50-52, 76-78, 111-12, 305, 309
as basic monopolistic device, 109-14, 205
compared with anti-union conduct, 48-52, 155-56
defined, 50-51, 155-56
effect on trade unions, 109-112
under federal law, 169-70, 205
and free choice of employees, 50-51, 134, 155-56
and freedom of contract, 51
gap between policy and practice, 171
methods of imposing, 51-52
prohibition of, proposed, 239
under state law, 169-71, 239
states prohibiting all types, 318
under Taft-Hartley Act, 169-70, 205, 239
and union membership policies, 110-12, 170
Concerted labor activity; see also Picketing; Strikes
development of American law on, 191-201
early British law on, 190-91
nineteenth century view of, in America, 193
Taft-Hartley Act, 206
Conspiracy doctrine, 190, 191-93
Constitution, U. S.
as basis of pre-emption doctrine, 268-72
as basis of U. S. productivity, 102-9
and continental free-trade, 102
as legal-reform document, 263
private property and freedom of contract under, 102
and property, 37
and uniform law, 203
validity of NLRB under, 268-69
Contract; see Collective contract; Freedom of contract
Contracts contrary to public policy, 48-52
Cordwainers case, 157, 191-92, 304
Cornellier v. Haverhill Shoe Mfrs., 303
Coronado Coal Co. v. U. M. W., 314
Counterproposals in collective bargaining, 254
Cox, Archibald, 304, 307, 308, 323, 326
Craft groups, and industrial unions, 221-22, 245-47
Croce, Benedetto, 297
Crosskey, William W., 203, 314, 321
Darwin, Charles, 8, 291, 292
Death taxes
and charitable foundations, 34
as expropriation, 33, 35
and inequality, 33
Debs, Eugene, 313
Declaration of Independence, 37
Demagoguery, 56-59
Denial of access to courts, 265-72
Dennis, William L., 305
Dicey, A. V., 294, 295, 297, 311, 321
Dinny & Robbins v. Davis, 306
Discrimination
effect of principle of free employee choice on, 222, 223
under NLRA, 142, 144-45
union seniority concepts as, 219
against women, 223
Discriminatory taxation, 12; see also Progressive taxation
Division of labor
necessity of popular understanding, 89
principle defined, 90
social interest in, 26, 226
and society, 14
state subject to principle, 75, 89-94
Donnelly Garment Co. v. I. L. G. W. U., 326
Duplex Printing Press Co. v. Deering, 314
Duty to bargain; see Good-faith bargaining requirement
Economic vote of consumers, 11
Eisenhower, President Dwight D., 320
Elections; see also Majority rule
interventionist labor policy, 184-86
one-election-per-year rule, 259
and peace, 18, 88
Taft-Hartley Act, 187
Elective judges, 264
Emergency strikes; see Industry-wide strikes
Employees; see Individual employees; Workers
Employers
coercion by, legal status, 242-43
duties under labor laws, 139-48
duty
to bargain in good faith, 214-17, 254-56
to supply information to unions, 254
free speech rights of, 145-47
interests in common with employees, 68-69
interference with employee organization, 142-48
Employers—Continued
right to offer benefits proposed, 243-44
rights under common law, 138-40
unfair labor practices of, 141-48, 242-45
Enemy of society defined, 18
English law; see British law
Equality; see also Personal Freedom
and freedom, 27-36
impossibility of, 28
as social goal, 7, 27-28
Equitable remedies; see Injunctions
Equity; see also Injunctions; Law
and property rights, 278-79
role in legal history, 273-74
trade-union crusade against, 275-79
Erie R. R. v. Tompkins, 314
Ex parte restraining orders, 279, 325; see also Injunctions
Exchange Bakery v. Rifkin, 306
Expertise, 284, 287-88
Expropriation
and discriminatory taxation, 27-36
Harry S. Truman on, 256-58
as method of forestalling crime, 79
Fair hearing, 286
Fair-trade laws, 12
Farm subsidies; see Subsidies
Federal judiciary
constitutional status of, 268
Norris-LaGuardia Act, 283, 325
proposal to restore jurisdiction, 282-88
qualifications of, 268
stature of, 283, 287
Federalist, the, 270
Florsheim Shoe Store Co. v. Retail Union, 306
Ford Motor Co. v. Huffman, 316
Frankfurter, Justice Felix, 229, 231, 276-77, 280, 295, 306, 311, 312, 324, 325
Free association; see also Voluntary associations
as property right, 71
secure only in private-property society, 68
and trade unions, 97-100
“Free education,” 31
Free employee choice,
appeal of, 132, 236
central labor policy of U. S., 127-37
coercion by unions privileged by NLRB, 167-68
under common law, 127-29, 193
current status of, 235-42
and employer free speech, 145-47
failure of NLRB to protect, 164, 235-39
historical development, 127-32
and majority rule, 147-48
principle v. practice, 133-35, 171, 235-39
proposals to strengthen, 235-47, 258-60
and representation for small groups, 222, 245-47
role in collective bargaining, 133
secured against employer coercion, 138-48
status under interventionism, 128-31, 184-86
Taft-Hartley Act, 131-32, 187
Wagner Act, 130-31, 147-48, 184-86
Free enterprise system; see Free society
Free market
and collective bargaining, 174
common law conception, 189, 193
current conceptions, 175-81
and depressions, 180-81
fundamental to free society, 176
legal uniformity required for, 203
role of, in labor policy, 134
status of, in labor relations, 112
Taft-Hartley Act, 199, 205-7
Free press; see Freedom of press
Free society
and capitalism, 20, 21
defined, 24-96
free market fundamental to, 176
“middle way” and totalitarianism contrasted to, 53-62
and private enterprise, 12, 20-21
private property essential to, 37-39
protection of private property as essential function, 69
rarity in human history, 72
Free speech; see Freedom of speech
Free trade
domestic, in U. S., 103
frustrated by union conduct, 116-17
and tariffs, 60
Freedom, as basic human objective, 8; see also Personal freedom
Freedom of association; see Free association
Freedom of contract
and coercion, 45-48
indispensable to personal freedom, 37-39
natural and human coercion distinguished, 46-48
as property right, 42
role in society, 63-65
scope of, 44-48
Freedom of press
and advertising revenues, 57
and interventionism, 56-57
private property necessary to, 56-57
Freedom of speech
basic social right, 82
of employers, 145-47
and picketing, 130, 198-99, 239
price-controls violative of, 176-79
relationship to private property, 56
scope of right of, 82-83
Freidman, Milton, 315
Garner v. Teamsters, 308, 317, 322, 323
General Counsel, NLRB, authority of, 265-67
General Motors Corp., 296
General welfare and property rights, 87
Giboney v. Empire Storage Co., 313
Gompers, Samuel, 275
Good-faith bargaining requirement
as disguised interventionism, 214-17, 254-56
proposal to abolish, 254-56
Goodwins v. Hagedorn, 307
Government; see also State
and personal freedom, 36
personnel not godlike, 61
as social institution, 14
waste and inefficiency, 35
“Government by Injunction,” charges considered, 194-98, 275-79; see also Equity; Injunctions
Government seizure; see Seizure in labor disputes
Great Northern Ry. v. Brosseau, 312
Gregory, Charles O., 278, 302, 304, 306, 307, 308, 311, 312, 317, 324
Grievances; see also Arbitration
employee vs. union and employer, 228
legal action by workers, 231
prosecution of, by unions, 230
Hamilton, Alexander, 270
Hand, Judge Learned, 323
Hartley v. Brotherhood of Clerks, 223, 316
Hayek, Freidrich A., 61, 292, 295, 296, 298, 311
Health, as a human objective, 15-17
Hiring power of unions and employers compared, 110-12
Hitchman Coal & Coke Co. v. Mitchell, 49, 301, 303
Hoffer, Eric, 298
Holmes, Justice O. W., 81, 161, 308
Hoover Commission, 287
“Hot-cargo” contracts
defined, 154-55
status under federal law, 168
Hughes v. Superior Court, 313
Human objectives
role of society in promoting, 3-23
unity and harmony of, 8, 10-23
Humboldt, Baron von, 32
Hume, David, 120
Independent unions
under interventionism, 184-86
Taft-Hartley Act, 187
Individual action, effect of taxation on, 94
Individual employees; see also Workers
common law status of, 193
right to present grievances, 133
right to refuse to strike, 134
Industrial unions; see Affiliated unions; Craft groups; Trade unions
Industry-wide bargaining, ambiguities of, 135
Industry-wide strikes
approaches to, 136
and government seizure, 208-14
proposals, 208-14, 256-58
Taft-Hartley regulation of, 209
Industry-wide unionization
and coercive practices, 117
effect on union administration, 117-18
encouraged by law, 184
perils to free trade-unionism, 118-19
social dangers, 118
Inheritance taxes; see Death taxes
Initiation fees of unions, 112
Injunctions; see also Equity; “Government by Injunction”; Norris-La-Guardia Act
charged advantageous to employers, 277-78
and emergency strikes, 136
to enforce contracts, 260-61
in labor disputes, 273-80
not addressed to strikes, 194-95, 275-79, 298
Institute of Judicial Administration, New York University, 93
Institutions, role in society, 6
Intellectuals and the free society, 96
Interpersonal compatibility, as product of property rights, 59
Interstate commerce, as fictitious category, 283-84
Interventionism, 60-61, 176
character of in U. S., 66
and collective bargaining, 184
contrasted to free society, 59-60, 175-77
force used to control pricing, 176
and free employee choice, 184-86
labor policy of, 128-31, 184-86
and “middle way,” 55-59
and personal freedom, 94-95
planned chaos, 184-86
servant of minorities, 90-91
and special privileges, 91
and totalitarianism, 55
Iserman, T. R., 315, 320
Italy, conditions in, 32-33
Jackson, Justice Robert H., 81, 299
Judicature Act of 1875, Great Britain, 263
Judicial review
and administrative law, 285-86
and representation proceedings, 246-47
Judiciary; see Federal judiciary
“Jungle law” contentions considered, 188
Justice; see Administration of justice
Kahn-Freund, Otto, 298
Kelsen, Hans, 61
Keynes, John Maynard, 61
Ku Klux Klan, 98, 195
Labor Injunction, The, 276-77, 280
Labor policy; see also Policy proposals
evolution of, 125-37, 182-88
proposals, 235-89
Labor relations
as human relations, 3-6
law of, 172
Labor unions; see Trade unions
Landis, Dean James M., 190-91, 312
Landlords and tenants, effect of rent controls, 67
Law; see also Common law; Equity; Injunctions
absence of, in labor relations, 262
attitude of Samuel Gompers to, 275
of labor relations, general scope of, in collective bargaining, 172
necessity of economizing, 87, 179
necessity of universal applicability, 86, 203, 284
role in labor disputes, 196-98
rule of; see Rule of law
Lecht, Leonard A., 299
Liberalism in American labor policy, 132-33, 137, 191
Lindblom, Charles, 301, 319
Local government, service functions, 91
Locke, John, 53
Loewe v. Lawlor, 305, 314
Maine, Sir Henry Sumner, 1, 54, 91, 273, 299, 324
Maintenance of membership; see Compulsory unionism
Maitland, F. W., 263, 275, 321, 324
Majority rule
ambiguity of principle, 85
in collective bargaining, 224-26
effect on small groups, 245-47
as formal principle, not fact, 85
and free employee choice, 147-48
in labor policy, 133
and minority rights, 84, 223-28
power to produce undesirable results, 87-89
principle of free society, 85-86
status
under interventionist legislation, 184
under Taft-Hartley Act, 186-88
Malins, Sir Richard, V. C, 325
Mansfield, Lord, 263, 321
Marginal-productivity theory, 106, 299
Marx, Karl, 65
Massachusetts Supreme Judicial Court, leading common law court, 192-93
Meany, George A., 99, 309
Medical practice and freedom, 16-17
Medical profession and legal profession, 17
Medina, Judge Harold, 321
Mercantilism, 61, 190
Middle Ages, restrictive concepts of, 190-91
“Middle way”
contrasted to free society, 54-62
errors in current usage of term, 55-56
as species of interventionism, 55
Mill, J. S., 10, 24
Minority rights; see also Majority rule
in collective bargaining, 224-27
political principle of, 84
Mises, Ludwig von, 33-34, 88, 102, 180, 291, 292, 295, 296, 309, 310
Mob violence tradition in U. S., 195
Monopolistic conduct
defined, 240-41
proposals to limit, 251-53
Monopolistic pressures of unions, 115, 135, 152, 202-7, 252
Moses, Robert, 296
National Association of Manufacturers, 95
National Labor Relations Act, 129-31, 141-48; see also Taft-Hartley Act; Wagner Act
amendments proposed; see Policy proposals
procedure under, 265
treatment of employees and unions under, contrasted, 242-43
National Labor Relations Board
abolition proposed, 282, 284-88
authority to dismiss complaints, 265-67
inexpert character of, 288
misconstructions of Taft-Hartley Act, 163-65, 167-68, 200, 205-7, 214-17, 238
policy on craft severance, 245-46
political rather than judicial agency, 163-64
privileges most widely-used forms of coercion by unions, 163-64, 168
unconstitutional character of, 267-69
NLRB v. American National Insurance Co., 315, 320
NLRB v. Babcock & Wilcox Co., 303
NLRB v. Capital Service, Inc., 317, 318
NLRB v. Crompton-Highland Mills, 315
NLRB v. Int. Rice Milling Co., 308, 314, 315
NLRB v. Mackay Radio & Telegraph Co., 302
NLRB v. Stowe Spinning Co., 303
NLRB v. Truitt Mfg. Co., 320
National Protective Assn. v. Cumming, 296, 306
New Negro Alliance v. Sanitary Grocery Co., 325
Norris-LaGuardia Act
agency rules of, 185
background of, 276-80
conflict with NLRA policy, 185
and interventionism, 129, 140, 185
Northrup, H. R., 300
No-solicitation rules, 144
Nutter, Warren, 296
Opportunity
as a general objective, 4
to produce at will, 12
Organization, as central feature in labor relations, 126
Organizational methods of unions, 130, 149-59
law governing, 160-71, 237-42
Organizational picketing; see also Picketing
and anti-injunction laws, 238
coercive character, 150-52, 237-38
and free speech, 238-39, 318
legal status of, 237-39
NLRB view of, 163, 238
prohibition of, proposed, 239
state decisions on, 317
status under state and federal law, 164-65, 237-39
Otis, J., 325
Ox BOW Incident, The, 195
Pacific Intermountain Express Co., 218, 222, 316
Patria potestas, 64
Peaceful solicitation v. coercion, 150
Peron, Juan D., 56
Perry Norvell Co., 307
Personal freedom
basic to free society, 24
defined, 24-27
and division of labor, 25-27
effect of progressive taxation, 27-35
of employers and employees in America, 191, 193; see also Free employee choice
and equality, 27-35
role of state, 26-27
and trade unions, 26
Persuasion and coercion distinguished, 150, 250-51
Picketing; see also Organizational picketing
ambiguous legal status, 160-61
in basic legal theory, 40-41
characterized, 195, 196, 197
classification by the Massachusetts court, 161-62
as coercive organizing technique, 150-52
under common law, 160-63
embargo effects and purposes, 151
under federal law, 163
as free speech, 130, 198-200
Massachusetts view, 161-62
NLRB policy, 200; see also National Labor Relations Board
necessity to limit, 196
New York view, 162-63
in numbers, effect on free market, 250
proposals for limiting, 196-99, 239, 250-51
report of typical example, quoted, 319
state legislation against, 199
Taft-Hartley Act, 199-200
as unlawful form of coercion, 163-64
and violence, 134, 135, 194-201, 249-51
Policy proposals
on abolishing NLRB, 284-88
on anti-injunction laws, 282-83
on collective bargaining, 249-61
on collective contracts, 260-61
on compulsory unionism, 239
on duty to bargain, 254-56
on employer conduct, 242-45
general, 120, 235-89
on governmental intervention in labor disputes, 253-60
on industry-wide strikes, 256-58
on jurisdiction of state courts, 283-84
on monopolistic restraints, 251-53
on Norris-LaGuardia Act, 282-83
on organizational picketing, 237-39
on picketing in numbers, 250
on representation proceedings, 245-47
on restoring power of federal courts, 282-83, 287-88
on rights of employees in collective bargaining, 221-32
on secondary action, 240-42
on violence, 196
on voting rights of strikers, 258-60
Pound, Roscoe, 274, 287, 324, 325
Pre-emption doctrine
articles on, 323
Congressional basis, lacking, 271
Constitutional basis, lacking, 269-71
creation of Supreme Court, 169, 171, 269-72
privilege for coercion by unions, 171
Preferential hiring; see Compulsory unionism
Preservation of peace, as basic function of state, 17-19, 73-75
Pricing as expression of opinion, 176
Prima-facie tort theory, 166-67
“Primary and Secondary” labor action, 167-68, 206-7, 243, 315
Private associations; see Voluntary associations
Private enterprise, 12-13, 20-21; see also Free society
Private property, right of; see also Free society
broad modern conception of, 39-44, 278-79, 288, 293
and death taxes, 35
defined, 39-44
developments in equity, 278-79
essence of free society, 54
evolution, 54
as formal principle, 62
and free speech and press, 56
as human right, 39, 53
indispensability to personal freedom and free society, 37-39
and interpersonal compatibility, 39
and interventionism, 55-61
and personal autonomy, 40-44
and right of control, 42
and security for superannuated, 19
and slavery, 41-42
social character of, 43-44
status in U. S., 142-43
and unfair labor practices, 142-45
Production, contrast of free and unfree systems of, 11-13
Productivity
as function of capital investment, 20-21, 102-7
and preservation of society, 228
relationship of trade unions to, 100-7
role of early capitalists, 59
of U. S. compared with other nations, 101-4
of U. S., and Constitution, 102-4
Profits, role of in free society, 67
Progressive judicial reform, tradition of, 263-65
Progressive taxation
abandonment suggested, 29
disadvantage to productive poor, 27
and equality, 27-35
and freedom, 27-36
and opportunity, 29
and social welfare, 29
Property; see Private property, right of
Proposals; see Policy proposals
Purchasing-power theory
correct version, 106
trade-union version, 104
Quinn v. Leathern, 313
Ratner, Mozart, 309
Recognition picketing; see Organizational picketing; Picketing
Recommendations; see Policy proposals
Reed, Justice Stanley, 297
Representation proceedings
judicial review of, 246-47
need for Congressional study of, 246
policy proposals, 245-47
Representative government, as principle of free society, 87-88; see also Majority rule
Republic Aviation Corp. v. NLRB, 303
Restraint of trade, doctrine applied to unions, 202
Rex v. Eccles, 312
Rex v. Journeymen Tailors, 312
Ricardo, David, 298
Richardson, J. Henry, 111-12, 300
Right to day in court, 265-72
Right to strike; see also Strikes
common law, 139
status in nineteenth century America, 191, 193
status under interventionism, 98, 119, 298-99
“Right-to-Work” laws, literature on, 305; see also Compulsory unionism
“Robber Barons,” and businessmen, 58-59
Roberts, Justice Owen, 280
Ross, Arthur M., 101, 299, 319
Rule of law
current condition of, 264-72
and Taft-Hartley Act, 186, 189
Russia, Communist
and free choice of occupation, 64
and freedom of press, 56-57
subjective well-being impossible in, 12
Sanderson, W. A., 312
Say, Jean Baptiste, 233
Sayre, Francis, 279, 294, 314
Schwartz, Bernard, 288, 326
Schweitzer, Albert, 1, 289, 326
Secondary action, 152-55; see also Secondary boycott; Secondary strike
Massachusetts view, 166
as monopolistic conduct, 205-7, 240-41
New York view, 166
Norris-LaGuardia Act, 167
policy proposals on, 241-42
Sherman Act, 167
Taft-Hartley Act, 167-68, 205-7, 251-52
various legal theories, 166-69
Secondary boycott; see also Secondary action; Secondary strike
conflicting legal views, 203
described, 153
law governing, 165-69
and logic of law, 135
Secondary strike; see also Secondary action; Secondary boycott
law governing, 165-69, 205-7
as organizational technique, 152-55
Security; see also Social security
complexity of concept, 13
as human objective, 7, 8, 13
reciprocal of freedom and well-being, 13
union security; see Compulsory unionism
Seizure in labor disputes, 137, 210-14, 256-58
Self-organization; see also Free employee choice
under common law, 139
under current statutes, 141
and property rights, 142-45
Seniority, 219, 223-28
Shaw, Chief Justice, 193
Sherman Antitrust Act
legal status of unions under, 185
and monopolistic union action, 204
restraints of, erased, 130
Simons, Henry C, 301, 319
Sinnot v. Davenport, 324
Skilled workers, unfavorable position of, 221-22, 245-46
Slavery
as negation of right of private property, 41-42
and progressive taxation, 53
Smith, Adam, 89, 312
Smith, Russell A., 298, 315, 320, 323
Social security
and capital growth, 20-21
compulsory principles, 22
confusion with individual security, 17-19
definitions, 17-19
and health insurance, 22-23
and inflation, 20
and old-age, 17-22
and personal accumulation, 19
self-defeating measures, 23
and unemployment, 17, 22-23
Social welfare, principles of, 32-33; see also Interventionism; Well-being
Specialization and exchange; see Division of labor
Standard of living, American, compared with others, 102
State; see also Government
absolute power of, 86
action of, contrasted to individual action, 76-80
authority and power of, 83-89
composition of, 78-80
compulsion fundamental to, 78-80
current functions of, 90
effect of indefinite proliferation of functions, 75-76, 89-96
functions, 73-75
greatest power aggregate in society, 18
as human agency, 89
majority rule as underlying principle, 84
projects financed by people, 95
protection of property rights as basic function, 73-76, 89
social-compact theory, 83
State courts, role in labor policy, 266-72, 283-84
State-operated enterprises, principle of judgment of performance, 74-76
Steele v. Louisville & Nashville Ry., 221, 223, 316
Stephen, Sir James F., 311
Stevenson, Adlai, 315
Stone, Chief Justice Harlan F., 323
Striker-replacements, rights under current law, 134, 258-60
Strikers, voting rights of, 258-60
Strikes
conditions necessary to successful execution, 114
functional checks on abuses, 212-14, 258-60
and injunctions, 275-78
privileged status at common law, 189-201, 276-78
and “strike activities” distinguished, 276-77
Taft-Hartley regulation of, 206-7
Subsidies
basic objections to, 7-8, 29-30, 91-96
effect on government, 92-93
to farmers, 29, 94, 298
Tennessee Valley Authority and, 29-30
and will of people, 30
Sulzberger, C. L., 291
Summers, Clyde W., 232, 300, 316
Supremacy Clause, 270
Supreme Court, U. S.
failure to assume role of supreme court, 203
pre-emption doctrine of, 165, 168-69, 269-72
Swift v. Tyson, 314
Sympathetic action, 222
Taft, Chief Justice W. H., 140
Taft-Hartley Act
and coercion by unions, 131
and closed shop, 205
collective contracts under, 186-88, 229
contrasted to Wagner Act, 131, 186-88
employer unfair practices, 141-48
and free-market principles, 205-7
general character summarized, 131-32, 186-88
misconstructions of
accepted by Supreme Court, 168
by NLRB, 163-65, 167-68, 200, 206-7, 214-17
and monopolistic union conduct, 205-7
as progressive legislation, 186-88
and right not to join union, 148
Section 7, quoted, 131
Taxation; see also Death taxes; Progressive taxation
burden of, 31
equalitarian function, 35
Teamsters, International Brotherhood of, role in picketing, 304-5
Teamsters v. Hanke, 313
Teamsters v. New Haven R. R., 322
Teller, Ludwig, 307, 310
Thornhill v. Alabama, 313
Torff, Selwyn H., 305
Totalitarianism, basic character of, 55-62; see also Free society
Trade unions; see also Voluntary associations
campaign for anti-injunction laws, 275-79
communism not dominant objective, 99, 137
conceptions of, 227
corruption in, causes of, 109-17, 236
damages actions by and against, 183, 186, 229, 273-75
duty to represent fairly, 220, 221-28
effect of coercive practices on, 109-120
effect on wages, 100-7, 115-17
embodiment of right of free association, 97
and equitable remedies, 273-74
excesses of, and public reaction, 132
fragmentary unionization in U. S., 125
free society essential to, 70, 98
Trade unions—Continued
functional check on abuses by, 258-60
general limitations on, 98, 99-100
insistence oh right to stuff ballot boxes, 258-60
monopolistic pressures of, 115, 135, 152, 202-7
never prohibited in U. S., 191
non-entity status at common law, 182-83
“nonmaterial” goals, 100
participation of workers in, 113
positive role in free society, 99, 107-8
power without responsibility, 184-86, 258-60
reasons for poor performance, 109-20
relation to productivity, 100-7, 115-17
résumé of efforts to avoid law, 280-81
role of violence in strategy of, 113-14
and rule of law, 186, 189
rules of responsibility under Norris-LaGuardia Act, 185
signs of poor leadership, 113, 258-60
status under interventionism, 98-99, 184-186
status under Sherman Act, 185
status under Taft-Hartley Act, 186-88
traditional resistance to law, 182-88, 275
Transit and utility strikes, 136
Truman, Harry S., views on “expropriation” considered, 256-58, 315
“Turning back the clock,” 288-89
Unfair labor practices
of employers, 141-48
and property rights, 142-48
of unions; see Picketing; Secondary action; Taft-Hartley Act
Unilateral acts of employers, 215
Union shop; see Compulsory unionism
Unionization, extent of, in U. S., 125, 126
Unions; see Trade Unions
United States, as still a free society, 56, 65, 66
U. S. S. R.; see Russia, Communist
U. S. v. Hutcheson, 314
Universal Camera Corp. v. NLRB, 323
Vanderbilt, Chief Justice A. T., 264, 298, 321
Vegelahn v. Guntner, 157, 161, 296, 311, 312
Vieth, Madelyn, 301
Violence
common law attitude, 191-98
failure of authoríties to prevent, 18, 135, 165, 201
failure of NLRB to deter, 250
frequency of, in labor disputes, 194, 302, 306
illegality of, 135
instrument of union strategy, 114
proposals for limiting, 198, 250-51
provoked by congregation, 196
remedies under Taft-Hartley Act, ineffectual, 200
role in development of law, 157
Vogt v. Teamsters, 294, 297, 317, 326
Voluntary associations; see also Trade unions
authority and power, 80-83
competition as test of performance, 76
and compulsory membership, 76-78
contractual character, 76, 80
distinct from state, 71
functions, 72-73
individual action distinguished, 81-82
scope of permissible action, 80-82
Voting rights of strikers, 258-60
Wages
determination of
under common law, 139
under current policy, 134
effect of capital investment on, 102
effect of trade unions on, 101
movement of in U. S., 101
relationship of law to, 172
Wagner Act
example of interventionism, 129, 140
and free employee choice, 147-48
Section 7, quoted, 131
summarized, 141
Washington, George, 78
Wealth of businessmen, and social welfare, 32-33
Weber v. Anheuser-Busch, 308, 322
Welfare state; see Interventionism
Well-being
as central human objective, 8
and freedom, reciprocal concepts of, 10-23
subjective character of, 10-23
Whitehead, Alfred N., 37, 291, 293
Willcox, Bertram, 302
Williams, Roger J., 291, 295
Wilson, Woodrow, 71
Wilson v. Hacker, 223, 316
Wisconsin Employment Peace Act, 230
Wisconsin Supreme Court, as exponent of legal expertise, 288
Witte, Edwin W., 319
Wolman, Leo, 301, 305
Women workers, discrimination against, by unions, 223
Wood v. O’Grady, 307
Worker organizations; see also Trade unions; Voluntary associations
right of free association, 68
Workers; see also Individual employees
arbitrary treatment by unions, 220-28
attitudes during strikes, 114, 195
and collective bargaining, 218-32
common sense of, 107
condition of, under interventionism, 184-86
general objectives, 3-6
interests in common with employers, 69, 107
interests of, as goals of policy, 218
public sympathy for, 132
Woytinsky, W. S., 299
Wright, David M., 292, 299, 315, 319
Yawman & Erbe Mfg. Co., 320
Yellow-dog contract
and closed-shop contract, 50-52
defined, 49
historical summary, 49
reasons for, 49-50
Yoerg Brewing Co. v. Brennan, 310
