LABOR LAW - THE APEX DECISION AND ITS EFFECT ON THE APPLICATION OF THE SHERMAN ACT TO ACTIVITIES OF LABOR UNIONS

Authors

Philip W. Buchen, University of Michigan Law SchoolFollow

Abstract

Labor made a bold attempt in the case of Apex Hosiery Company v. Leader to procure a determination by the Supreme Court that labor organizations and their activities are exempt from the Sherman Act. The act, having survived this attack, presumably remains a potential weapon against labor unions. However, the Court by its decision has rejected a theory that the Sherman Act should be expanded on the principles of the Wagner Act decisions, has imposed a new restriction upon its application, and has opened the way for developments which will have substantially the effect of excluding labor unions from its application.

Recommended Citation

Philip W. Buchen, LABOR LAW - THE APEX DECISION AND ITS EFFECT ON THE APPLICATION OF THE SHERMAN ACT TO ACTIVITIES OF LABOR UNIONS, 39 Mich. L. Rev. 462 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/9