That is the legislative judgment reflected in the
Norris-LaGuardia Act, and the judgment that the district court refused to respect.
The need for national labor reform became apparent in light of societal animosity towards organized labor, and, accordingly, in 1932 Congress passed the
Norris-LaGuardia Act. (33) Through the Act, Congress sought to foster a laissez-faire system of labor relations that freed unions from excessive injunctions, and provided employees with more power in the employment relationship.
The Precursor to the NLRA: The
Norris-LaGuardia ActThe
Norris-LaGuardia Act of 1932, as well as various state anti-injunction acts, gives labor union activists immunity from injunctions against trespass on an employer's private property, which amounts to an invitation for labor union militants to vandalize buildings and equipment under the protective umbrella of the aforementioned United States v.
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.
Recognizing the Clayton Act's failure to limit injunctions against labor unions, (112) Congress further distinguished labor injunctions through the passage of two pro-labor acts: the
Norris-LaGuardia Act of 1932 (113) and the NLRA of 1935.
Because that disclaimer is valid and effective, the
Norris-LaGuardia Act's prohibition against injunctive relief does not preclude granting the Player's motion for a preliminary injunction against what the League characterizes as a "lockout."
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.
They had some successes in the 1930s beginning with the
Norris-LaGuardia Act, but Erie offered Brandeis the opportunity to implement the Progressive vision, and he seized the moment.
With respect to the statutory exemption, which arises initially out of two sections in the 1914 Clayton Act(18) and the 1932
Norris-LaGuardia Act,(19) neither the parties nor the court characterized it as a n exemption issue.
