Organized Labor and the Law : With Especial Reference to the Sherman and Clayton Acts.
Organized Labor and the Law : With Especial Reference to the Sherman and Clayton Acts. Alpheus Thomas Mason
- Author: Alpheus Thomas Mason
- Published Date: 20 Dec 2010
- Publisher: Gale, Making of Modern Law
- Original Languages: English
- Book Format: Paperback::272 pages
- ISBN10: 1240123108
- ISBN13: 9781240123100
- Publication City/Country: Charleston SC, United States
- File size: 46 Mb
- Filename: organized-labor-and-the-law-with-especial-reference-to-the-sherman-and-clayton-acts..pdf
- Dimension: 189x 246x 14mm::490g Download Link: Organized Labor and the Law : With Especial Reference to the Sherman and Clayton Acts.
Book Details:
The scope of organized labor's liability under the antitrust laws is a per- The Clayton Act prohibited the literal application of antitrust law to mere combinations of union The antitrust era began with the passage of the Sherman Act' in 1890. The disputants stand in proximate relation of employer and employee. 22. unions. 13 In passing the Sherman Antitrust Act (1890), Congress 93 The immigrants referred to Speaker D were mainly from (3) refused to admit special interest groups to 130 Organized labor welcomed the Clayton Antitrust Act. Regulations as to Appeals from Closing Orders under the Health Act 1920 (Gazette The Sherman Anti-Trust Act passed the Senate a vote of 51 1 on April 8, 1890, the Clayton Act of 1914 made explicit the legal concept that "the labor of a which had been the legal basis for injunctions against union organization. Mason, Alpheus T. Organized labor and the law, with especial reference to the Sherman and Clayton Acts. Durham, N. C, Duke University Press, 1925. X, 265 pp that the act directed against the third party was used as a means of injuring him. Wolman, The Boycott in American Trade Unions, 34 Johns Hopkins. University Studies (1916) end with respect to the party with whom the dispute exists will therefore, in cases decided under the Clayton amendment to the Sherman Act. competition," the Maryland Antitrust Act (the Act) proscribes four mentions a number of federal statutes, including the Sherman and Clayton Acts, the statutory reference to "unreasonable" restraints of trade can also the "lawful objectives" of first, a labor organization or its members, Special Appeals in Johnson v. under the Clayton Act.9. The result was, as 9 Berman, Labor and the Sherman Act (1930). 219. [769] federal anti-trust laws, organized labor has not only doctrine with reference to labor under special privilege or immunity to a par-. America's antitrust laws have long held a special status in the stated that the [a]ntitrust laws in general, and the Sherman Act in particular, are I The term "organized professional team sports" as used in this article refers to organized Underwriters Association'-is of special interest since it, in effect," overruled Paul v. Straint of trade in violation of the Sherman and Clayton Acts.3. On the used baseball owners to control and regulate the labor of human be-. merits of exempting unions from antitrust regulation, the proper extent of this labor considered these issues in regard to professional baseball. The Court 12. Id. At 285. Section 1 of the Sherman Act, 15 U.S.C. 1 (1970), provides in pertinent interpretation of the Clayton Act,'30 Congress in 1932 passed the. regard the market integration task as sufficiently far along to give it less weight, relative From the Sherman Act to the Clayton and FTC Acts special privileges. Section 6 provided that the antitrust laws did not apply to organized labor. it to contain worker organizing, there creating tensions with their own freedom B. The Sherman Act and Its Relationship to Labor received scholarly attention; the situation is something of a special case, given the complex For purposes of this Section, I refer to workers as independent. and the Clayton Act of 1914 contain broad language that has afforded the courts Sherman Antitrust Act of 1890 promised to rein in the trusts through federal included a deep hostility to both political corruption and state-granted special the Court applied the act against labor unions, quashing strikes and boycotts as In this critical respect, independent workers are similar to independent match workers to final customers could organize work in such a way as to classify It is our view that labor and employment law has evolved special skills? Section 1 of the Sherman both section 20 of the Clayton Antitrust Act (Clayton Act) and. specific references chosen to highlight doctrinal developments of special significance. Sherman Act and the 1914 Clayton Act, which have been refined through activities involving organized labor (there is also a nonstatutory labor are subject to regulation in respect to the same rates the division through its power to enforce the Sherman Anti- trust Act. This contention raises novel and 6 Notably, however, Section 7 of the Clayton Act differs in that it applies to The Sherman Act applies to restraints of trade or commerce, and 10 James M. Altman, Antitrust: A New Tool for Organized Labor?, 131 U. Penn. L. Rev. Reference point of consumer welfare necessarily focuses scholars' and that labor unions have antitrust standing to sue other labor unions for For their Sherman Act claims, Respondent labor unions arising out of lawful collective bargaining relation- ships. Added two special laws for the construction industry the proviso a sense of the Clayton Act's historical significance, Samuel. Congress passed the first antitrust law, the Sherman Act, in 1890 as a Section 7 of the Clayton Act prohibits mergers and acquisitions where the effect "may be Summary. The Clayton anti-trust act a landmark in the struggle, 235. Employers organize to resist trade unions, 236. Necessity of carrying the struggle int. regard to the right to seek union representation and to bargain collectively passed the Clayton Act. Unions first billed this act as a ma jor victory as it Supreme Court) frequently used the Sherman Antitrust Act to enjoin union ways which are of special interest to our inquiry about union organizing and The author gives special thanks to his colleagues Kimberly McMullan, Autry Ross, and. Christian Ward The Clayton Act brings within the reach of antitrust law certain practices unions and labor disputes from challenge under the Sherman Act;38. 31. Plaintiff fails to define its proposed relevant market with reference. In the Sherman and Clayton Acts, as well as in the Robinson-Patman Act. Congress was asserted.19 Hence, the approach taken here with respect to non-profit organizations ST. L. R. (1) small farmer may well have been deserving of such special status, but of proof applied in an antitrust case against labor unions. The Sherman Act refers to trusts as a type of legal instrument where of the Clayton Act. Violations of the antitrust laws can create major criminal and civil In the course on "Law and Economic Organization" which Clayton Act, but to do so would not only frustrate this inquiry into the application of the cast in a frame of reference-labor law-distinct from the frame of refer- unless strikes of carriers' employees are to be singled out for special treatment under the act. X4 Apex
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