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. |
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The relation to interstate commerce of the manufacturing enterprise involved in this case was such that a stoppage of its operations by industrial strife would have an immediate, direct and paralyzing effect upon interstate commerce.
The relation to interstate commerce of the manufacturing enterprise involved in this case was such that a stoppage of its operations by industrial strife would have an immediate, direct and paralyzing effect upon interstate commerce.
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The “unfair labor practices,” as defined by the Act and involved in this case, are restraint or coercion of employees in their rights to selforganization and to bargain collectively through representatives of their own choosing, ...
The “unfair labor practices,” as defined by the Act and involved in this case, are restraint or coercion of employees in their rights to selforganization and to bargain collectively through representatives of their own choosing, ...
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The Act involved in the Carter case had as its purpose the “stabilizing” of the bituminous coal industry through regulation of prices and wages. The effect of wage cutting on interstate commerce was held to be indirect on the basis of ...
The Act involved in the Carter case had as its purpose the “stabilizing” of the bituminous coal industry through regulation of prices and wages. The effect of wage cutting on interstate commerce was held to be indirect on the basis of ...
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The petitioner has followed the same involved line of reasoning in endeavoring to “find” that the respondent's operations “affect commerce.” Like Congress, it has found itself faced with the task of piling premise upon premise and ...
The petitioner has followed the same involved line of reasoning in endeavoring to “find” that the respondent's operations “affect commerce.” Like Congress, it has found itself faced with the task of piling premise upon premise and ...
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The facts of the present case show the dangers of bureaucratic interference, in that each discharge involved some admitted fault on the part of the complaining employee, but the petitioner determined that it was better qualified to ...
The facts of the present case show the dangers of bureaucratic interference, in that each discharge involved some admitted fault on the part of the complaining employee, but the petitioner determined that it was better qualified to ...
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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