LABOR LAW--FEDERAL-STATE RELATIONS--VALIDITY OF STATE LAW ABOLISHING THE RIGHT TO STRIKE FOR EMPLOYEES OF PUBLIC UTILITIES

Eames S.Ed., Rex

Journal: Michigan Law Review

Volume: 49

First Page: 1077

Year: 1951

Bluebook Citation: 49 MICH. L. REV. 1077 (1951)

Author: Rex Eames S Ed: all 4 publications


Abstract

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees of the gas works in the City of Milwaukee in another case which presented questions substantially similar to those presented by the appeal of the first petitioner-union.

Held, both judgments reversed. The state legislation under which the injunctions had been issued was invalid, for it denied petitioners a right guaranteed by the federal Labor Management Relations Act of 1947. Amalgamated Assn. of Street Electric Railway & Motor Coach Employees of America, Div. 998 v. Wisconsin Employment Relations Board, (U.S. 1951) 71 S.Ct.

359.

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