Applicability of antitrust legislation to labor unions

selected excerpts and bibliography by Library of Congress. Legislative Reference Service.

Publisher: U.S. G.P.O. in Washington

Written in English
Published: Pages: 84 Downloads: 743
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  • Labor unions.,
  • Antitrust law.

Edition Notes

Statementprepared by the Legislative Reference Service, Library of Congress ; printed for use of the Committee on Education and Labor.
ContributionsUnited States. Congress. House. Committee on Education and Labor.
The Physical Object
Paginationv, 84 p. ;
Number of Pages84
ID Numbers
Open LibraryOL17917410M
LC Control Number62060824

In , Congress passed the Clayton Antitrust Act to increase the government's capacity to intervene and break up big business. The Act removed the application of antitrust laws to trade unions, and introduced controls on the merger of corporations.. United States Steel Corporation, which was much larger than Standard Oil, won its antitrust suit in despite never having delivered the. For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union. Section 8(a)(3) of the Act makes it an unfair labor practice for an employer, "by discrimination in regard to hire or tenure of employment or any term or condition of employment[,] to encourage or discourage.   He has published five books and more than articles in numerous law and economics journals, and serves as an associate editor of the International Review of Law and Economics, a contributing editor of the Antitrust Law Journal, co-editor of Competition Policy International, and editor of the Social Science Research Network’s Torts. In such cases, the labor laws primarily govern the relationship between the players and the owners, and the antitrust laws will be largely applicable due to the nonstatutory labor exemption. This action of decertification is primarily focused on players keeping or breaking up their unions.

How did federal legislation support the establishments of unions and union rights? Between and federal courts deemed three key methods to stop workers from organizing as legal: the yellow dog contract – in which workers signed a contract preventing them from joining or organizing a union in order to be employed, injunctions – a command to do a specific task and to refrain from a. Over half a century, the federal law of labor relations has developed out of four basic statutes into an immense body of cases and precedent regulating the formation and governance of labor unions and the relationships among employers, unions, and union members. Like antitrust law, labor law is a complex subject that has spawned a large class. The insurance industry has been granted certain exemptions from the competition laws in both the United States and the European Union (EU). The EU has begun a review of its exemption and will issue a report by March There are indications that the EU is likely to drop its current exemption. For example, EU .   It is a pleasure to be back here with you to talk about application of the antitrust laws to trade association activities. Washington, D.C. is the trade association capital of the world. Indeed, it is so chock-full of trade associations that the people who work for trade associations have formed their own trade association.

An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. " When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including. Clayton Antitrust Act Definition. Clayton antitrust act is an antitrust law in the United States codified in which prevents in its infancy the trade practices that are unfair and harmful to the competitiveness of markets. Henry De Lamar Clayton was the person behind drafting this Act and the act came into being under the presidency of Woodrow. Sherman Clayton Antitrust Act excluded labor unions from US Antitrust laws like Sherman. How to workers of a business choose to become union? Workers must hold an election and have 30% wanting to participate, if majority rules, all employees of company become unionized. h. (1) Baseball exemption is an anomaly that developed through case law; it was refined and (slightly) limited by the Curt Flood Act of (2) The statutory labor exemption comes from the Clayton Act and the Norris LaGuardia Act, in which unions are allowed to enter into agreements that might eliminate competition from other unions and create.

Applicability of antitrust legislation to labor unions by Library of Congress. Legislative Reference Service. Download PDF EPUB FB2

Get this from a library. Applicability of antitrust legislation to labor unions selected excerpts and bibliography: Committee on Education and Labor House of Representatives Eighty-seventh Congress First Session prepared by the Legislative Reference Service, Library of Congress.

[Library of Congress. Legislative Reference Service,; United States. Genre/Form: Electronic books: Additional Physical Format: Microfiche version: United States. Congress. House. Committee on Education and Labor.

Applicability of Antitrust Legislation to Labor Unions: Selected Excerpts and Bibliography. Get this from a library. Applicability of antitrust legislation to labor unions: selected excerpts and bibliography. [Library of Congress.

Legislative Reference Service.; United States. Congress. House. Committee on Education and Labor.; William S. Hein & Company.]. Get this from a library. Applicability of antitrust legislation to labor unions: selected excerpts and bibliography. [United States. Congress.

House. Committee on Education and Labor.; Library of Congress. Legislative Reference Service.;]. Get this from a library. A critical analysis of the application of anti-trust legislation to labor unions.

[Paul W Glennon]. The National Labor Relations Act preempts state antitrust laws. Federal antitrust laws apply to certain union activities. Labor unions are exempted from antitrust laws when involved in a “labor dispute” for the purpose of protecting their own interests and must not be combined with any non-labor group.

First, since the Clayton Act §6, there is no application of antitrust laws Applicability of antitrust legislation to labor unions book agreements between employees to form or act in labor unions.

This was seen as the "Bill of Rights" for labor, as the Act laid down that the "labor of a human being is not a commodity or article of commerce". Recent research indicates that labor market power has contributed to wage inequality and economic stagnation.

Although the antitrust laws prohibit firms from restricting competition in labor markets as in product markets, the government does Applicability of antitrust legislation to labor unions book to address the labor market problem, and private litigation has been rare and mostly unsuccessful.

these imperfections do not justify elevating labor law over antitrust law after the dissolution of a union. The imperfections in the Rule of Reason can be eliminated, or at least minimized, through the formulation of a more coherent, predictable, and workable test. This Article proposes a model for streamlining and improving Rule of Reason.

Economics Competition Labor Unions Section 1 of the Sherman Antitrust Act states that “every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is hereby declared to be illegal.”.

Legislation Impacting Labor Unions. Two major federal laws have impacted the history and development of labor unions in the United States. The first was the National Labor Relations Act ofcommonly referred to as the Wagner Act, which at the time was considered the "Labor Bill of. doctrine with reference to labor under the Sherman Law is judge made, the applicability of that law to labor activ Foreword to Bennan, Labor and the Sher­ man Act () xiv.

n United States v. Borden Co., 60 S. 12 60 s. ities has really never been thoroughly considered in. Even before labor unions enjoyed a sweeping exemption from the Sherman Act, that act, as applied by the Supreme Court," was not Acr ().

Among the valuable recent discussions are Cox, Labor and the Antitrust Laws-A Preliminary Analysis, U. REv. (); Hildebrand, Collective. Petro is Professor of Law at New York University School of Law. He has written several books, including The Labor Policy of the Free Society () and Power Unlimited: The Corruption of Union Leadership (), and is a noted lecturer and contributor to magazines.

Few things seem more apparent than the existence of conflict be­tween much of the conduct of American trade unions and. antitrust by herbert j hovenkamp and phillip e areeda published on 01 01 78 published article book citation herbert j hovenkamp antitrust law an analysis of antitrust principles and their application with phillip e areedaboston little brown and co there have been proposals in and out of congress to apply the antitrust laws to se.

these is the labor exemption to the antitrust laws, which protects certain union activities from antitrust challenges. The second is Noerr-Pennington immunity,6 which shields certain types of litigation and other petitioning activity from antitrust scrutiny. Part II of this Comment provides an overview of the problem, its.

A lot has been happening on the labor beat as of late. Despite the lack of mandatory fees and formal collective bargaining rights for unions in the state, public school teachers in West Virginia went on a nine-day strike starting in late February, successfully securing all five of their demands just last week.

Media coverage has focused primarily on the health insurance and pay raise wins, but. REv. () ; Cox, Labor and the Antitrust Laws-A Preliminary Analysis, U. REv. Any application of the Sherman Act to unions necessarily involves federal regula-tion.

In a large sense, judicial use of the anti-trust laws to limit union activity, in conjunc. LABOR AND THE ANTITRUST LAWS-A PRELIMINARY ANALYSIS Archibald Cox f the support for legislation subjecting unions to the antitrust laws doubt-less stems from organized anti-unionism, but too many friends of labor The development of the Sherman Act in application to labor unions is discernible from a few main steps.

The generality of section. In determining whether trade union conduct violates the Sherman Act, that Act should be read with § 20 of the Clayton Act and with the Norris-LaGuardia Act.

Labor union activities enumerated in §20 of the Clayton Act, which that section declares shall not be "considered or held to be violations of any law of the United.

Sherman Antitrust Act, first legislation enacted by the United States Congress () to curb concentrations of power that interfere with trade and reduce economic competition.

It was named for U.S. Senator John Sherman of Ohio, who was an expert on the regulation of commerce. In spite of the power that the antitrust exemption gives to unions, union membership is in the decline.

A number of states have passed “right-to-work” laws which prevent closed shops. That is, an. an analysis of antitrust laws and union activity Posted By Janet Dailey Public Library TEXT ID f Online PDF Ebook Epub Library practice antitrust attorneys may work for the government or they may work on behalf of a private entity rather than.

Guide to Antitrust Laws Free and open markets are the foundation of a vibrant economy. Aggressive competition among sellers in an open marketplace gives consumers — both individuals and businesses — the benefits of lower prices, higher quality products. In the sports industry, the unions that represent the players are called players associations.

Labor and antitrust issues are governed primarily by federal statutes. The Sherman Antitrust Act prohibits monopolies and restraint of trade. For example, several suppliers of widgets get together and agree they will all sell widgets for $ to.

Sanjukta Paul’s current research and writing involves the intersection of antitrust law and labor policy, in particular how and why antitrust law has limited the coordination rights of working people. Her book project on this topic will be published as Solidarity in the Shadow of Antitrust by Cambridge University Press.

Labor under the Antitrust Laws The Sherman Act did nothing to change this basic judicial attitude. A number of cases decided early in the act’s history condemned labor activities as violations of the antitrust law. In particular, in the Danbury Hatters’ case (Loewe v.

Advisory: Unions' Exemption Antitrust Laws is Not Made 8/8/ 1,the U.S. Court of Appeals for the First Circuit reversed and remanded the district court’s grant of. LABOR AND THE ANTITRUST LAWS. Problems relating to the application of antitrust law to labor result from a basic incompatibility between two public policies: the first, embodied in the sherman act ofprohibits efforts by anyone to monopolize or restrain competition in the product market; the second, embodied in the norris-laguardia act of and the wagner act ofpermits workers.

The Sherman Antitrust Act of (26 Stat.15 U.S.C. §§ 1–7) is a United States antitrust law that regulates competition among enterprises, which was passed by Congress under the presidency of Benjamin is named for Sen.

John Sherman, its principal author. Labor unions cannot prosper in a competitive environment. Like other successful cartels, they depend on government patronage and protection.

Worker cartels grew in surges during the two world wars and the Great Depression of the s. Federal laws—the Railway Act of (amended in ), the Davis-Bacon Act ofthe Norris-LaGuardia Act ofthe National Labor Relations Act of. The Union asserted that it is exempt from antitrust liability under the Clayton Act and the Norris-LaGuardia Act, which provide statutory immunity to certain organized labor conduct.The Interstate Commerce Act () and the Sherman Antitrust Act () were efforts by the federal government to regulate aspects of business Which statement best explains how the application of electricity in the early s affected the development of the U.S.