INJUNCTION-RIGHT TO LABOR AS PROPERTY-CLAYTON ACT

Authors

Abstract

The Texas & New Orleans R R engaged in promoting the organization of an association among its clerical employees in the nature of a company union. Its purpose was to secure control over the selection of representatives by the employees in the board of mediation provided for by the Railway Labor Act of 1926 (U. S. C. tit. 45, c. 8, par. 152). The Brotherhood of Railway Clerks sought an injunction against such interference on the ground that the Railway Labor Act prohibited "interference, influence, or coercion exercised by either party over the self-organization or designation of representatives by the other." The railroad contended that an injunction would be a violation of sec. 20 of the Clayton Act [38 Stat. 738, (1914) U. S. Comp. Stat. (1918) 1243-d] which forbade the issuance of an injunction in a case between employer and employee involving a dispute as to conditions of employment, "unless necessary to prevent irreparable injury to property * * * for which injury there is no adequate remedy at law." The Supreme Court held that section 20, if applicable at all, was satisfied, in that that interest of employees to confer with their employer as to contracts of service was a property right to which irreparable injury was threatened. Texas & N. O. R. R. v. Brotherhood of Railway & Steamship Clerks, 50 Sup. Ct. 607.

Recommended Citation

INJUNCTION-RIGHT TO LABOR AS PROPERTY-CLAYTON ACT, 29 Mich. L. Rev. 789 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss6/31