According to the complaint, TCF Bank's Dispute Resolution Policy violates the Norris-LaGuardia Act
, which protects the rights of employees to engage in concerted activity for mutual aid or protection by making unenforceable any promise to waive those rights.
policy outlined in the Norris-LaGuardia Act believed that to ensure this
22) in addition to the protections offered by the Norris-LaGuardia Act.
The district court denied Pulte's motion, stating that it lacked jurisdiction under the Norris-LaGuardia Act, which requires employers to try to resolve labor disputes through negotiations.
However, the court affirmed the district court's denial of Pulte's request for a preliminary injunction, stating that Pulte failed to comply with Section 8 of the Norris-LaGuardia Act, which requires a plaintiff to make "every reasonable effort to settle the dispute by negotiation.
The Norris-LaGuardia Act
of 1932 and the National Labor Relations Act of 1935 swung the tide in favor of unions, outlawing "yellow-dog" contracts that would allow workers the freedom to choose not to join a union as a condition of employment, prohibiting federal judges from issuing injunctions to prevent strikes (and to protect private property rights), and forcing workers and employers to accept "exclusive representation" once a union is validated by majority vote.
Congress overruled both parts of the decision in 1932 with the enactment of the Norris-LaGuardia Act
Only the Norris-LaGuardia Act
(1932) ended this practice.
As one contemporary commentator noted, "it is safe to say that the Norris-LaGuardia Act did little more than codify the attitude of the more liberal courts.
127) The passage of the Norris-LaGuardia Act and its state analogues marked a turning point in the development of the overbreadth doctrine.
The main legal issue involved was whether the Buy Where You Can Work picketing was an economic dispute like a workers' strike, and thus legal under the recently passed Norris-LaGuardia Act
, or whether it was a racial dispute.
According to Greg Bedard of the Boston Globe, at one point, when David Bois, counsel for the NFL brought up the Norris-LaGuardia Act
, Judge Nelson shot back, "'Isn't there some bit of irony that the Norris-LaGuardia act
is designed to protect employees from strike-breaking fed judges, should now be used to prevent an injunction of a wealthy, multiemployer unit seeking to break players?