LABOR LAW - EXTENT OF JURISDICTION OF THE NATIONAL LABOR RELATIONS BOARD

Allen, Ward P.

Journal: Michigan Law Review

Volume: 37

First Page: 934

Year: 1939

Bluebook Citation: 37 MICH. L. REV. 934 (1939)

Author: Ward P. Allen: all 5 publications


Abstract

What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce power over the labor relations of an entire business is furnished by Chief Justice Hughes in the Jones-Laughlin Steel Corporation case.

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