Chapter 3 - The legal regulation of unions and collective bargaining. The main contents of the chapter consist of the following: The conspiracy doctrine, legislation granting rights to collective bargaining, the national labor relations act, the taft-hartley act, the landrum-griffin act, the value of collective bargaining, . | Chapter 3 The Legal Regulation of Unions and Collective Bargaining McGraw Hill Irwin An Introduction to Collective Bargaining amp Industrial Relations 4e Copyright 2008 The McGraw Hill Companies Inc. All rights reserved. 1 3 3 3 The Conspiracy Doctrine From 1800 to 1890 state courts relied on British common law to regulate the conduct of unions and employers Cordwainers case First landmark case in 1806 Court ruled efforts to raise wages were a criminal conspiracy Commonwealth v. Hunt In 1842 court ruled unions could exist but were prohibited from using coercive practices 1 4 3 4 The Sherman Antitrust Act Courts applied Sherman to unions treating them as a commodity Unions were treated like other monopolies or conspiracies that restricted trade Courts used injunctions to discourage strikes Employers could gain injunctions quickly 1 5 3 5 The Clayton Act Unions lobbied hard to end injunctions In 1914 Congress passed the Clayton Act The act was supposed to end the use of injunctions but courts interpreted it narrowly and state courts continued to use injunctions 1 6 3 6 Legislation Granting Rights to Collective Bargaining Legal and public policy opposition to the formation of unions began to erode in the early 20th century Lloyd LaFollette Act of 1912 gave postal employees the right to organize War Labor Board supported rights for the private sector to organize The start of pragmatic adjustments in response to union power and labor turmoil 1 7 3 7 The Railway Labor Act Passed by Congress in 1926 Specifies that the employees have the right to organize unions without employer interference and to bargain through the representatives of their own choosing The purpose of the law was to establish procedures to reduce conflict in the railroads Airlines were added in 1936 1 8 3 8 A Test of Constitutionality The constitutionality of the RLA was in question until a Supreme Court Ruling In 1930 Court heard Texas and New Orleans Railroad Company v. Brotherhood of Railway and .
