Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
There is, however, one matter we have reserved for the last, because
it is one of the two or three points about which the immediate contest
before us is to rage. That is the case of individual discharge. It is
elementary that just as an employee may leave with cause or without
cause, so an employer may discharge without cause or with cause, nor
is he bound to state his reasons, and certain statutes requiring him
to do so with the object of avoiding a blacklist have been declared
unconstitutional in Southern States. But organized labor is naturally
very desirous of resenting the discharge of anybody for no other
reason than that of being a union man. In fact it is not too much to
say that this, with the legalization of the boycott, are the two great
demands the unions are now making upon society. Therefore, statutes
have been passed in many States making it unlawful for the employer to
make it a condition of employment that the employee should not be a
member of a union; or to discharge a person for the reason that he
is a member of a union. And closely connected with this is the
combination of union employees to force an employer to discharge a man
because he is not a member of a union. This last will come logically
under the next chapter covering combinations and is not yet the
subject of any statute. Now the difficulty of these statutes, about
the discharge of union labor, is that it is almost impossible to go
into the motive; a man is discharged "for the good of the service."
It is easy, of course, to provide that there should be no written
or definite contract on the matter; but it is not easy to punish or
prohibit the discharge itself without such contract. Such legislation
has, however, been universally held unconstitutional, so that at
present this must be the final word on the subject. The right of the
employer to employ whom he likes and to discharge whom he likes and
make a preference, if he choose, either for union or non-union labor,
is one which cannot be taken away from him by legislation, according
to decisions of the Supreme Courts of Missouri, New York, and the
United States. Therefore, as the matter at present stands, the
constitutions, State and Federal, must be amended if that cardinal
right of trade and labor is to be interfered with.
In closing it may be wise to run over the actual labor laws passed in
the States during the last twenty years, mentioning the more important
lines of legislation so as to show the general tendency.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account