Values and Assumptions in American Labor Law

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Univ of Massachusetts Press, 1983 - Law - 240 pages
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Well-written, informative legal scholarship on labor law
 

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Contents

THE RIGHT TO STRIKE FALSE PROMISES AND UNDERLYING PREMISES
9
THE WAGNER ACT AND THE NEW DEAL
25
SITDOWNS SLOWDOWNS AND THE NARROWING OF FEDERAL PROTECTION
34
THE DEFINITION OF EMPLOYEES REAL INTERESTS THE CONTINUITY OF LEGAL VALUES
57
STATUS ASSUMPTIONS AND THE COMMON ENTERPRISE
74
MANAGERIAL CONTROL AND THE FEAR OF ANARCHY
87
THE SCOPE OF MANDATORY BARGAINING
101
VALUATION IN OTHER GUISES EMPLOYER RESPONSES TO COLLECTIVE ACTION
126
THE BARGAINING ENIGMA THEORIES AND REALITIES
133
THE INTEREST IN THE MOBILITY OF CAPITAL THE EXPLICIT USE OF UNDERLYING PREMISES
150
CONCLUSION THE EMPLOYMENT RELATION AND THE PREMISES OF LABOR LAW
161
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Page 31 - The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association...
Page 26 - That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection...
Page 12 - Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.
Page 9 - ... it does not follow that an employer, guilty of no act denounced by the statute, has lost the right to protect and continue his business by supplying places left vacant by strikers. And he is not bound to discharge those hired to fill the places of strikers, upon the election of the latter to resume their employment, in order to create places for them.
Page 2 - To SEPARATE LABOR from other activities of life and to subject it to the laws of the market was to annihilate all organic forms of existence and to replace them by a different type of organization, an atomistic and individualistic one.

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