THE EVOLUTION OF THE "DUTY TO BARGAIN" CONCEPT IN AMERICAN LAW

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial Conference Board and the American Federation of Labor, the public being represented by two joint chairmen. It in turn recommended the creation, in the same manner, of a War Labor Board to effectuate by mediation and, if necessary, adjudication, the policies promulgated.

Such a board was created, and invested with the recommended powers and duties by Presidential proclamation, in April, 1918. Its ultimate authority rested not upon any statutory grant of power but upon the complete and very adequate support of the President.