It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, sought relief. Judges, responding to the atmosphere of the times, were astute to find reasons for holding both union objectives and methods unlawful. Effective assistance was found in the application to union activities of many kinds of statutes, but especially the anti-trust laws. "Rule by injunction" developed and become commonplace.
Russell A. Smith,
LABOR LAW-SOME DEVELOPMENTS DURING THE PAST FIVE YEARS-(A SERVICE FOR RETURNING VETERANS),
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol44/iss6/11