The Courts and the Development of Labor Policy

Hanslowe, Kurt L.
November 1962
Labor Law Journal;Nov62, Vol. 13 Issue 11, p895
Academic Journal
The article presents the interplay between courts and labor policy in New York. It is a case study of the role of courts with respect to labor policy, rather than a comprehensive national survey. The areas covered in the article are legal control of internal union affairs, arbitration and the enforcement of the collective agreement, the problem of corruption in labor-management relations and picketing and the injunction. In all of these areas the New York courts have had something significant to say. The article discusses the case of Polin v. Kaplan wherein was adopted the contract theory of reviewing union discipline of members. The limitations of this theory are, of course, readily apparent. Its wooden application would leave unions free to adopt whatever procedures they wished. The courts do not, on the whole, seem to have fallen into that trap. For one thing, they have tended to view the unhampered right to union membership and its attendant impact on employment opportunity as a property interest entitled to judicial protection.


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