Word: acted
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Dates: during 1940-1949
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...other seven justices agreed that Lewis was wrong in defying the district court, no matter whether or not the court had any legal right-under the Norris-La-Guardia Act-to order him not to strike...
...Thrust. The Court might have confined itself to the question of contempt, plastered Lewis with the fine and let it go at that. But not this Court. Boldly, Chief Justice Vinson struck out into the jungle country of the Norris-LaGuardia Act. The case did raise the question of whether the Act can be applied when the Government is the employer. In other words, can workers under Government authority keep the right to strike? Lewis' miners were technically working for the Government when they struck...
Four justices (Rutledge, Frankfurter, Jackson and Murphy) held that the Act applied in the miners' case as much as in any industrial dispute. Said Murphy: "The whole thrust of the Norris-LaGuardia Act is directed toward the use of ... injunctions in cases arising out of labor disputes. . . . This case is one growing out of a labor dispute...
...Government as the sovereign, they said, stands beyond the jurisdiction of the Norris-LaGuardia Act. The Act only pertains to "persons" involved in labor disputes, and the sovereign is not "persons." Was it the intent of Congress, which wrote the Act, that the Act should not apply to Government? Union lawyers argued that if Congress intended to exclude the Government from the Act it would have said so. Congressman James Beck had argued at the time that Congress should have said so. Vinson impatiently, almost angrily, brushed aside that argument. "We do not accept his [Beck's] views...
...Supreme Court this week upheld the right of foremen under the Wagner Act to organize for collective bargaining. Said Justice Jackson for the 5-to-4 majority: though the foremen's interests lie with management in maintaining production, they may be opposed when it comes to fixing wages, hours and working conditions. Therefore, foremen must be allowed "collective action to protect their collective interests...