very few have availed themselves of this privilege. A number of states have enacted laws tending to give special protection to and encourage trade unions. Thus, nearly one-half of the states have passed acts declaring it unlawful for employers to discharge workmen for joining labour organizations, or to make it a condition of employment that they shall not belong to such bodies. Laws of this kind have generally been held to be unconstitutional. Nearly all the states have laws protecting trade unions in the use of the union label, insignia of membership, credentials, &c., and making it a misdemeanour to counterfeit or fraudulently use them. A number of the states exempt labour organizations from the operations of the anti-trust and insurance acts.
Until recent years all legal action concerning labour disturbances was based upon the principles of the common law. Some of the states have now fairly complete statutory enactments concerning labour disturbances, while others have little or no legislation of this class. The Labour disputes. right of employés to strike for any cause or for no cause is sustained by the common law everywhere in the United States. Likewise an employer has a right to discharge any or all of his employés when they have no contract with him, and he may refuse to employ any person or class of persons for any reason or for no reason. Agreements among strikers to take peaceable means to induce others to remain away from the works of an employer until he yields to the demands of the strikers are not held to be conspiracies under the common law, and the carrying out of such a purpose by peaceable persuasion and without violence, intimidation or threats, is not unlawful. However, any interference with the constitutional rights of another to employ whom he chooses or to labour when, where or on what terms he pleases, is illegal. The boycott has been held to be an illegal conspiracy in restraint of trade. The statutory enactments of the various states concerning labour disturbances are in part re-enactments of the rules of common law and in part more or less departures from or additions to the established principles. The list of such statutory enactments is a large one, and includes laws relating to blacklisting, boycotting, conspiracy against working-men, interference with employment, intimidation, picketing and strikes of railway employés; laws requiring statements of causes of discharge of employés and notice of strikes in advertisements for labour; laws prohibiting deception in the employment of labour and the hiring of armed guards by employers; and laws declaring that certain labour agreements do not constitute conspiracy. Some of these laws have been held to be unconstitutional, and some have not yet been tested in the courts.
The laws just treated relate almost entirely to acts either of employers or of employés, but there is another form of law, namely, that providing for action to be taken by others in the effort to prevent working people from losing employment, either by their own acts or by those of their employers, or to Arbitration and conciliation. settle any differences which arise out of controversies relating to wages, hours of labour, terms and conditions of employment, rules, &c. These laws provide for the mediation and the arbitration of labour disputes (see Arbitration and Conciliation). Twenty-three states and the Federal government have laws or constitutional provisions of this nature. In some cases they provide for the appointment of state boards, and in others of local boards only. A number of states provide for local or special boards in addition to the regular state boards. In some states it is required that a member of a labour organization must be a member of the board, and, in general, both employers and employés must be represented. Nearly all state boards are required to attempt to mediate between the parties to a dispute when information is received of an actual or threatened labour trouble. Arbitration may be undertaken in some states on application from either party, in others on the application of both parties. An agreement to maintain the status quo pending arbitration is usually required. The modes of enforcement of obedience to the awards of the boards are various. Some states depend on publicity alone, some give the decisions the effect of judgments of courts of law which may be enforced by execution, while in other states disobedience to such decisions is punishable as for contempt of court. The Federal statute applies only to common carriers engaged in interstate commerce, and provides for an attempt to be made at mediation by two designated government officials in controversies between common carriers and their employés, and, in case of the failure of such an attempt, for the formation of a board of arbitration consisting of the same officials together with certain other parties to be selected. Such arbitration boards are to be formed only at the request or upon the consent of both parties to the controversy.
The enforcement of laws by executive or judicial action is an important matter relating to labour legislation, for without action such laws would remain dead letters. Under the constitutions of the states, the governor is the commander-in-chief of the military forces, and he has The judicial enforcement of labour laws. the power to order the militia or any part of it into active service in case of insurrection, invasion, tumult, riots or breaches of the peace or imminent danger thereof. Frequent action has been taken in the case of strikes with the view of preventing or suppressing violence threatened or happening to persons or property, the effect being, however, that the militia protects those working or desiring to work, or the employers. The president of the United States may use the land and naval forces whenever by reason of insurrection, domestic violence, unlawful obstructions, conspiracy, combinations or assemblages of persons it becomes impracticable to enforce the laws of the land by the ordinary course of judicial proceedings, or when the execution of the laws is so hindered by reason of such events that any portion or class of the people are deprived thereby of their rights and privileges under the constitution and laws of the country. Under this general power the United States forces have been used for the protection of both employers and employés indirectly, the purpose being to protect mails and, as in the states, to see that the laws are carried out.
The power of the courts to interfere in labour disputes is through the injunction and punishment thereunder for contempt of court. It is a principle of law that when there are interferences, actual or threatened, with property or with rights of a pecuniary nature, and the common or statute law offers no adequate and immediate remedy for the prevention of injury, a court of equity may interpose and issue its order or injunction as to what must or must not be done, a violation of which writ gives the court which issued it the power to punish for contempt. The doctrine is that something is necessary to be done to stop at once the destruction of property and the obstruction of business, and the injunction is immediate in its action. This writ has been resorted to frequently for the indirect protection of employés and of employers. (C. D. W.)
Authorities.—English: (a) Factory Legislation: Abraham and Davies, Law relating to Factories and Workshops (London, 1897 and 1902); Redgrave, Factory Acts (London, 1897); Royal Commission on Labour, Minutes of Evidence and Digests, Group “C” (3 vols., 1892–1893), Assistant Commissioner’s Report on Employment of Women (1893), Fifth and Final Report of the Commission (1894); International Labour Conference at Berlin, Correspondence, Commercial Series (C, 6042) (1890); House of Lords Committee on the Sweating System, Report (1891); Home Office Reports: Annual Reports of H.M. Chief Inspector of Factories (1879 to 1901), Committee on White Lead and Various Lead Industries (1894), Working of the Cotton Cloth Factories Acts (1897), Dangerous Trades (Anthrax) Committee, Do., Miscellaneous Trades (1896–97–98–99), Conditions of Work in Fish-Curing Trade (1898), Lead Compounds in Pottery (1899), Phosphorus in Manufacture of Lucifer Matches (1899), &c., &c.; Whately Cooke-Taylor, Modern Factory System (London, 1891); Oliver, Dangerous Trades (London, 1902); Cunningham, Growth of English Commerce and Industry (1907); Hutchins and Harrison, History of Factory Legislation (1903); Traill, Social England, &c., &c. (b) Mines and Quarries: Statutes: Coal Mines Regulation Acts 1886, 1894, 1896, 1899; Metalliferous Mines Regulation Acts 1872, 1875; Quarries Act 1894; Royal Commission on Labour, Minutes of Evidence and Digests, Group “A” (1892–1893, 3 vols.); Royal Commission on Mining Royalties, Appendices (1894); Home Office Reports: Annual General Report upon the Mining Industry (1894–1897), Mines and Quarries, General Reports and Statistics (1898 to 1899), Annual Reports of H.M. Chief Inspector of Factories (1893–1895) (Quarries); Macswinney and Bristowe, Coal Mines Regulation Act 1887 (London, 1888). (c) Shops: Statutes: Shop Hours Acts 1892, 1893, 1896, Seats for Shop Assistants Act 1899; Report of Select Committee of House of Commons on the Shop Hours Regulation Bill 1886 (Eyre and Spottiswoode). (d) Truck: Home Office Reports: Annual Reports of H.M. Chief Inspector of Factories, especially 1895–1900, Memorandum on the Law relating to Truck
