The Law of Organized Labor and Industrial Conflicts

Edwin Stacey Oakes

Lawyers Co-operative Publishing Company, 1927 - Arbitration, Industrial - 1333 pages

Preview this book »

Selected pages

Title Page

Table of Contents

Index

CHAPTER	3

Labor unions as combinations in restraint of tradein general	13

applicability of antitrust laws and validity of exception of labor unions therefrom	14

suspension or expulsion	16

Legal status of labor unions	19

Labor union as agent of its members	20

CHAPTER 2	22

limiting amount of fine imposable 25 steady employment	33

The checkoff 298 Penalties imposed on employer or nonmember 299 Discipline of member of union 300 Coercing coemployees to join union	400

Coercing another to join boycott	401

Decision of Railway Labor Board 303 Procuring breach of contract 304 Procuring commission of unlawful act 305 Political purposes	402

same picketing as unlawful loitering breach of the peace or trespass 334 same termination of right to picket 335 same molestation of pickets 336 sa...	403

same validity of statute or ordinance prohibiting picketing 339 same applicability of statute or ordinance prohibiting pick eting 340 miscellaneous ...	404

CHAPTER 23	405

Authority of union or its officers to enter into contract with	406

secondary boycotts what	427

25a effects of defunct local 26 Conflict between bylaws of local and of parent union	34

CHAPTER 3	35

MEMBERSHIP DUES INDIVIDUAL LIABILITY OF MEMBERS DISCIPLINE SUSPENSION AND EXPULSION 41 Methods of procuring memb...	43

CHAPTER 8	44

good faith	52

charges bill of particulars	53

fair trial notice and opportunity to be heard	54

right to be present and crossexamine	55

Tribunal exercising disciplinary powers in general	56

57 jurisdiction	57

Procedure in disciplinary proceedings	58

59 Penalties imposed	59

Second trial for same offense	60

Court review of disciplinary proceedingsin general	61

where association is in undue restraint of trade	62

necessity of first exhausting remedies in organization	63

when remedies in organization deemed exhausted	64

Remedies in case of unlawful exercise of disciplinary powersin general	65

mandamus	66

equitable relief in general	67

same pecuniary or civil right must be involved	68

actions for damages what damages recoverable	69

same pleading and practice	79

Conspiracy to procure expulsion 72 Fines illegally imposed	80

Construction of bylaw making leader of orchestra liable for fines imposed on members 74 Disciplinary proceedings as attempt to intimidate	81

CHAPTER 5	82

Effect of attempted amalgamation	86

Right to on revocation of charter	87

Right to on severance of connection with general organization	88

Right to on schism in organization	89

Right to on dissolution	90

CHAPTER 6	93

Jurisdictional amount	94

In general CHAPTER 7	95

LIABILITIES OF UNIONS 96 For acts of business agent 97 For calling unlawful strike 98 For acts in furtherance of strike or a boycott	97

99 For acts in furtherance of attempt to unionize	99

For unlawful expulsion of member	100

For procuring anothers discharge	104

101a For refusal to recognize transfer card 102 For erroneous decision of officer	106

For instigation of suit 104 For libel 105 For attorneys services	107

For breach of contract 107 For conspiracy in restraint of interstate commerce	108

criminal prosecutions	109

ACTIONS BY OR AGAINST LABOR UNIONS 108 Right to sue or liability to be sued in common name in general 109 raising issue of want of lega...	110

Jurisdiction 116a Venue 117 Service of process	126

Attachments impounding funds by appointment of receiver	127

Appeals	128

CHAPTER 9	129

injunctions against	133

effect of revocation	133

132 Reissuance of charter 133 Liability of general organization for acts of local organization in general	133

strikes	134

Trades councils	135

Persuading member to leave union	136

CHAPTER 11	146

Indictment or information in general	155

156 advocacy of unlawful doctrines	156

organizing unlawful society	157

CHAPTER 12	160

166 knowledge of character of organization	166

Validity of statutes and ordinances against criminal anarchy crim	167

organizing unlawful society	168

membership in unlawful society	169

circulating literature	170

conspiracy to commit syndicalism	171

Instructions requests to instruct	172

Questions for jury	173

circulating literature	174

Disqualification of juror	197

Seizure of books papers etc 177 Injunction against acts violating statute	198

178 contempt	199

CHAPTER 13	200

Terms of contract with union as part of contract of employment of member in general	204

as fixing wages	205

Validity generally	206

CHAPTER 14	207

duress	208

Fines	214

as being in restraint of trade or violating antitrust laws 210 who may question 211 Enforcement in general 212 by injunction 213 by decree for sp...	219

Validity	221

Enforcement of agreements to employ union labor only	230

CHAPTER 17	236

Abandonment of registered label	248

Right to protection as affected by wording of label	249

pensation	250

CHAPTER 20	259

Use of laborsaving machinery	270

Enforcement of contract rights	271

Arbitration	272

Mode of adjusting grievances	273

274 Enforcing negotiations	274

275 Right to do certain work	275

276 Doing by employer of work which he might employ another to	276

Retention of obnoxious coemployee	277

Exclusion of others from employment	278

279 Number of apprentices	279

Apportionment of work in slack season	280

Continuance of branch of business which employer wishes to dis	281

PART V	287

CHAPTER 21	289

continue	295

The right to a free labor market	307

308 Definition and attributes of strikes	308

Relation of employer and employee as affected by strike	309

Existence of strike	310

when deemed terminated	311

The right to strikein general	312

313 where striking involves breach of contract	313

other limitations on right to strike	314

315 validity of statutes or ordinances restricting right to strike	315

316 Instigation of strike by outsiders	316

who deemed outsiders	317

318 Purposes for which a strike may be undertaken	318

Means by which strike may be made effective in general	319

acts of a coercive character	320

321 advice and persuasion a Where person persuaded is under contract b Where no breach of contract is involved	321

offers of money or traveling expenses	322

payment of strike benefits	323

bannering and placarding	324

same municipal ordinances affecting	325

picketing in general	326

same connotation of term	327

same for purpose merely of obtaining or communicating in formation	328

same for purpose of persuasion	329

same limitations of right to picket in general	330

same conduct rendering picketing unlawful	331

same legality of picketing as affected by object of strike	332

Justification	337

Effect of motive or intent upon liability	345

under statutes forbidding coercion or intimidation	346

exacting money as condition of not instituting or calling off a strike	347

breach of the peace	348

conspiracy to assault	349

rioting	350

robbery	351

conspiracy to restrain interstate commerce	352

Effect of existence of combination generally	353

pleading and practice	354

Effect of statutes permitting workmen to organize	355

combinations to do what an individual may lawfully	356

Strike of receivers employees 357 Strike as an unlawful interference with interstate commerce or an obstruction of the mails	357

358 Right of employer to complain of operation of union bylaws	358

Interference with employer as an exercise of the right of competi tion	359

Exaction of money from employer as condition of not calling or continuing strike	360

Exclusion of strikers from employers premises	361

Validity of agreement to compensate contractor on public work for increased cost due to granting of strikers demands	362

Public service commissions order requiring granting of strikers demand validity	363

Statutes requiring employers advertising for help during strike to mention its existence	364

Denying facilities of state employment office to employers during	365

261a Criminal liability	370

CHAPTER 22	375

The closed shop	393

Employment of union man by employer of nonunion	397

Collective bargaining 295 Recognition of the union	398

Right to shop representative	399

same subject continued legality	428

refusal of members of medical association to have professional	456

Interference as an act of competition	509

Causal connection between act and injury	510

Procuring discharge to cover own misdoings	511

Employer as member of conspiracy	512

Liability of officer procuring discharge by corporation	513

Liability of corporation for interference by its officers while act ing in another capacity upon knowledge gained in discharge of duties	514

Construction and effect	530

CHAPTER 33	531

Propriety of remedy in general	534

to prevent violation of antitrust laws	535

to prevent interference with interstate commerce or transpor tation of mails	536

Duties of common carriers to furnish facilities	537

to prevent intimidation of pickets	538

to preserve shipment from loss	539

a Generally	540

infliction of injury	541

irreparable character of injury	542

b Mere refusal of employees to work	543

544 Constitutional objections to issuance freedom of speech or press	544

right to trial by jury	545

involuntary servitude	546

547 Right to injunction against acts punishable as crimes	547

Injunction against spoken words or written matter	548

Violence or intimidation	549

Jurisdiction to grant in general	550

jurisdictional amount	551

Federal courts	552

Strike on connecting line 383 to transport without deviation 384 to divert shipment to another line	553

Duty as to telegrams	554

Obligation to unload cars	555

Duty or obligation to load or unload vessel	556

Validity of stipulation limiting liability in case of strikes	560

Construction and effect of contractual provisions against liability for delay or nonperformance occasioned by strikes in gen	562

interruptions to which strike clause applies	564

Bills for injunctive relief in general	571

multifariousness	572

conduct of party as affecting his right to benefit of strike clause	573

Answer	574

Discontinuance of acts complained of as affecting grant of injunc tion	575

Settlement of strike as affecting grant of injunction	576

Burden of proof	577

in contracts for construction or repair and bonds to secure their performance	578

393 in contracts of sale a In general	579

sufficiency	580

Temporary or preliminary injunctions in general	581

b Effect of strike on obligation of seller or buyer	582

dissolution or continuance	583

review	584

in charter parties	585

Relief granted in general	586

definiteness of decree	587

in bills of lading	588

when injunction order too narrow	589

against lawful acts interwoven with unlawful ones	590

CHAPTER 25	591

against persuasion	592

where strike is only partial 400 fixing date of termination of responsibility	593

Setting off claim on policy in mutual company against assessment	594

CHAPTER 26	595

against congregation or parading of strikers	596

against bannering	597

CHAPTER 27	598

436 refusal to handle work of anyone who will not agree to give all his work to union shops 437 refusal of carriers employees to handle cars or frei...	599

refusal to sell to price cutters 468 refusal to supply competitor 469 refusal of automobile manufacturer to permit agents to han dle accessory 470 re...	600

against deportation of strikebreakers	601

against the collection or use of funds	602

against interference with contract rights	603

Introductory	611

Validity of statutes	612

Construction and effect in general	613

existence of dispute	614

character of dispute	615

persons entitled to benefit of statute	616

what constitutes irreparable injury within statute	617

property and property rights within provision permitting	618

newspaper articles	638

miscellaneous	639

Violation of injunction by act punishable as crime	640

Violation of injunction as offense against United States	641

Jurisdiction of contempt proceedings	642

Persons liable in general	643

labor unions	644

persons not parties to suit	645

same termination of right to picket 423 same picketing as a nuisance 424 same picketing as trespass 425 same picketing as violation of antitrust	653

same ordinances prohibiting	654

injunctions	661

Refusal to submit controversy	675

Matters falling within jurisdiction of arbitration tribunal under American statutes	676

under Australian and Canadian statutes	677

Jurisdiction and powers of tribunal generally	678

Matters relating to submission of dispute in general	679

sufficiency of submission to warrant award	680

Bringing in parties	681

Matters relating to decision	682

683 Force and effect of decision or award under American statutes	683

under Australian statutes	684

Declaring a common rule	685

Force of recommendation by statutory board of conciliation	686

687 Review by the courts	687

Scope and effect of statutes legalizing interference with anothers employment	695

refusal to deal with delinquent debtor	739

CHAPTER 28	741

validity	745

Statements entered on employers records	746

Notices circulated among the coemployees of the person discharged	747

Lists exchanged between different employers in the same line of business	748

481 Pleading and practice in actions for blacklisting in general	751

joinder of parties	752

admissibility and sufficiency of evidence	753

Injunctive relief	754

BLACKLISTING OF WORKMEN BY WORKMEN 486 Generally	757

CHAPTER 31	759

Actions for damages in general 517 measure and elements of damages 518 Injunctions against interference 519 Pleading and practice in actions fo...	760

Causing discharge by refusal to issue or threat to cancel insurance	799

Causing discharge by attempt to collect debt	802

Interference with employment in order to compel release of claim	804

Interference by blacklisting 504 Interference by remonstrating against employment	806

Causing discharge by reporting misconduct	807

Interference by refusing to work with another	809

for purpose of forcing him to join union	815

Interference in exercise of union discipline	821

under statute against conspiring to interfere with anothers exercise of his trade or calling	860

under statute against conspiring to prevent obtaining work or to cause discharge C	862

under statute against unlawful assembly	863

CHAPTER 32	865

members of union or others not participating in unlawful acts 566 sympathizers 567 defendants not served or appearing 568 Dealing with defenda...	866

against secondary boycotts 606 against refusal of carriers employees to handle freight 607 Taking measures to prevent violation 608 Review 609 ...	867

as precluding injunction against issuance of strike order	963

as precluding injunction against picketing	964

as precluding injunction against distribution of boycott cir culars 622 as authorizing trespass 623 as authorizing persuasion of employees	969

requirement that application for a restraining order be sworn to 625 specificness of injunction order 626 right to jury trial in contempt proceedings	970

venue of contempt proceedings	972

CHAPTER 34	973

Evidence admissibility 663 sufficiency 664 Judgment or order 665 Penalties imposedin general	974

meetings	975

assaults or threats	976

dogging	977

picketing 634 parades	978

635 banners or placards	979

making remarks 637 publication of fair list	980

remission 667 costs	1008

Review	1009

Purging of contempt	1011

CHAPTER 35	1012

CHAPTER 36	1051

APPENDICES	1053

APPENDIX A The Right to a Free Market	1055

APPENDIX B Motive as Making Act Unlawful	1063

Combinations to Inflict Injury Otherwise than in Ad vancing Legitimate Interests of Members	1076

APPENDIX F Quinn v Leathem and Other Cases holding Secondary	1105

APPENDIX G Instances of Decrees Rendered in Strike and Boycott	1124

Copyright

Other editions - View all

The Law of Organized Labor and Industrial Conflicts
Edwin Stacey Oakes
Full view - 1927

Common terms and phrases

action advocate affirmed without opinion agreement alleged appeal Asso Benev bers breach Brotherhood by-laws C. P. Dec charge charter closed shop Coal combination Conn conspiracy constitution contract Coronado Coal Co court court of equity criminal syndicalism damages defendant effect employ employer employment enforce enjoin ex rel expulsion funds Grand International held illegal injunction injury interference intimidation justify L. J. Ch label labor organization labor union liable local union Lodge malicious Manitoba Mass means membership ment Minn Misc N. J. Eq N. Y. Supp nonunion object officers Ohio party person picketing plaintiff ployer procuring Protective Union providing purpose rehearing restraint of trade reversing rule statute strike strikers sued supra tion trade-union tribunal unincorporated union labor United Mine Workers unlawful violation voluntary association wages workmen

Popular passages

Page 457 - Act 1875, which imposes a penalty upon "every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrong-fully and without legal authority (1) uses violence to or intimidates such other person or his wife or children, or injures his property...‎

Appears in 366 books from 1846-2007

Page 375 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.‎

Appears in 540 books from 1846-2007

Page 461 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority, — (1) Uses violence to or intimidates such other person or his wife or children, or Injures his property...‎

Appears in 262 books from 1846-2006

Page 139 - An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.‎

Appears in 423 books from 1848-2007

Page 133 - 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...‎

Appears in 680 books from 1798-2007

Page 949 - ... 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...‎

Appears in 312 books from 1866-2005

Page 148 - ... the commission of crime, sabotage (which word is hereby defined as meaning wilful and malicious physical damage or injury to physical property) , or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change.‎

Appears in 234 books from 1884-2007

Page 947 - States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right...‎

Appears in 432 books from 1874-2007

Page 947 - 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...‎

Appears in 378 books from 1874-2005

Page 567 - Port of (the Act of God, the King's Enemies, Fire, Machinery, Boilers( Steam, and all and every other Dangers and Accidents of the Seas, Rivers, and Steam Navigation, of whatever nature and kind soever excepted) unto or to Assigns Freight for the said Goods with primage and Average accustomed.‎

Appears in 238 books from 1821-2006

Bibliographic information

Title	The Law of Organized Labor and Industrial Conflicts
Author	Edwin Stacey Oakes
Publisher	Lawyers Co-operative Publishing Company, 1927
Length	1333 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home