Columbia Law Review Volume 20

Columbia Law Review Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...and modify these precedents, as it does those of the ordinary law courts. In the case of labor contracts, however, as Mr. Cohen points out, the situation is frequently such that one side or the other (as the balance of power changes) may get the upper hand in practicall! dictating terms'to the other. Mr. C0hen's American Labor Policy appears to be a plea for the voluntary creation by contracts between the organized employers and the organized laborers in each industry, of a representative board to govern the industry. Each Side would voluntarily abandon, by contract, the right to sever the employment relation at will, and would delegate to the board the power to make rules and to enforce them, with the aid of the governmental authorities. Like arbitrators in commercial disputes. these boards would dictate the legal rights and duties of the Parties' to which the courts would give legal effect; and these rights and duties would be determined according to principles laid down by the board, rather than by the momentary predominance in power Of one side or the other. The contracts themselves would be subject to the approval of the community, acting through a board similfll' to the War Labor Board. Whether the detailed rules laid down by the boards of each industry would be subject to governmental fll_Pl'0val is not so clear, but they might well be without doing Vlolcnce to the author's scheme. His plan is perhaps best summarized in his own closing words: "Freeflom t0 Organize, freedom to deal collectively, 5'-cunty from arbitrary discharge, security against strikes resulting from ihe free int@1'centsl1&11ge of opinions but when made the compact subCt to the approval of the comrnunitv and afte
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Product details

  • Paperback | 404 pages
  • 189 x 246 x 21mm | 717g
  • United States
  • English
  • black & white illustrations
  • 1236847393
  • 9781236847393