The Law of Labor-Management Relations PREV LIR 401. Complete Study and Class Notes (71 Pages)

Where Historical and Modern Overlap: The Modern Labor Law Era Begins The RLA, Norris-LaGuardia, and the NLRA Review of Key Dates in US Labor Law History *Cordwainers Case (1806) **Commonweal th v. Hunt (1842) + Lochner v. New York (1905) ++ Muller v. Oregon and Adair v. U.S. (1908) *** Danbury Hatters‟ Cases Interpret Sherman Antitrust Act to Apply to Labor ^Establishment of International Labor Organization HE GREAT DEPRESSION (The Period Leading To Passage of NLRA) On Last Day in Office, Pres. Hoover Signs Norris-LaGuardia Act of 1933 The Events Leading Up to the NLRA Important Event Preceding the 1935 NLRA: Important Event Preceding the 1935 NLRA The NIRA Meets Its Fate in U.S. Supreme Ct. The NLRA (1935) - Section 7 The NLRA (1935) – Section 8The NLRA (1935) – Section 8 The NLRA (1935) – Section 8 – Nota Bene Section 1 of NLRA - Congressional Purposes Emphasis Is on Protecting Interstate Commerce NLRA = Strongly Keynesian in Its Economic Assumptions NLRA = A Vision of Democracy at Work, or “Industrial Democracy NLRA = a Vision of Democracy at Work or “Industrial Democracy The Fight Over Constitutionality of NLRA/NLRB The Fight Over Constitutionality of NLRA/NLRB The Fight Over Constitutionality of NLRA/NLRB The Fight Over Constitutionality of NLRA/NLRB Testing the NLRA‟s Constitutionality: NLRB v. Jones & Laughlin Steel Seeing J&L Steel in Context: A High Point in Constitutional Crisis of „30‟s Fate of Other New Deal Statutes before SC Most Relevant to Constitutionality of NLRA? 1936 Fate of the Bituminous Coal Recovery Act (BCRA) The Supreme Court Invalidates BCRA (note role of Justice Owen Roberts) Meanwhile, the J&L Case Goes Before NLRB and Later, Before a Circuit Ct of Appeals J&L Case: How It Went in Court of Appeals the 1936 Presidential Election Emboldens FDR. West Coast Hotel: Majority Greatly Limited Lochner v. New York West Coast Hotel v Parrish NLRB v. Jones & Laughlin NLRB v. Jones & Laughlin Original NLRA: How It Worked To Strengthen Labor Movement Labor and World War II (WWII) Another WWII Innovation – Birth of Anti-Discrimination Rules V-E and V-J – Victory and “Conversion Republican Takeover in Congress and The Taft-Hartley Act Taft-Hartley: Truman Veto and Override What Did (1947) Taft-Hartley Do? What Taft-Hartley Did Section 8 It Expanded Section 8 To Recognize a Set of New UNION Unfair Labor Practices (ULPs) To Avoid “Blurring” of NLRB “Judge” and “Prosecutor” Roles, Separated NLRB Employees Into Two Groups