Labor and the Constitution: Labor and Property, Privacy, Discrimination and International RelationsFirst published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights. |
From inside the book
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... constitutes an anti-capitalist intrusion into the common-law regime of private property and freedom of contract. These were also among the fundamental philosophical and practical lines of demarcation during the bitter fights in the ...
... constitutes an anti-capitalist intrusion into the common-law regime of private property and freedom of contract. These were also among the fundamental philosophical and practical lines of demarcation during the bitter fights in the ...
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and their periodic endeavors to obtain improved labor contracts, enhancing the hours, wages, ... diverted for such broader purposes and spent on other than the immediate orbit of grievance arbitration and labor contract negotiations.
and their periodic endeavors to obtain improved labor contracts, enhancing the hours, wages, ... diverted for such broader purposes and spent on other than the immediate orbit of grievance arbitration and labor contract negotiations.
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... not required to fund political activities of the union, beyond the scope of labor contract negotiation and administration)
... not required to fund political activities of the union, beyond the scope of labor contract negotiation and administration)
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union, beyond the scope of labor contract negotiation and administration) Brown v. Pro Football, Inc. U.S. (1996) (labor law, rather than federal antitrust law, governs labor management relations in the absence of a current collective ...
union, beyond the scope of labor contract negotiation and administration) Brown v. Pro Football, Inc. U.S. (1996) (labor law, rather than federal antitrust law, governs labor management relations in the absence of a current collective ...
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“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 substantially ...
“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 substantially ...
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Contents
National Labor Relations Board v Jones and Laughlin Steel Corp | |
A Response | |
National Labor Relations Board v Catholic Bishop of Chicago | |
Trans World Airlines Inc v Hardison | |
Government Regulation of Religion Through Labor | |
Labor and Speech | |
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Common terms and phrases
accommodate action activities administrative agreement Amendment application argued Association authority believe benefits Board burden Catholic cause church Churchill claim Clause collective bargaining commerce common law concern concluded Congress constitutional contract costs Court decision determine discharge discrimination due process duty economic effect employees employment Establishment evidence exemption exercise expression fact fair federal fees findings fired force freedom Hardison held individual industrial institutional interest involved issue jurisdiction Justice legislative less limited matter means National Labor Relations NLRB observed operation opinion organization person petitioners practices principle problem procedures prohibition protected question reasonable regulation religion religious representatives respondent retaliation rules schools sector seniority speech statute statutory supra note theory Title VII union United violate wages workers workplace wrongful