Abstract

http://ssrn.com/abstract=880739
 
 

Citations (2)



 
 

Footnotes (181)



 


 



Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958


James Gray Pope


Rutgers Law School - Newark


Rutgers School of Law - Newark Research Paper No. 010
Law and History Review, Vol. 24, No. 1, 2006

Abstract:     
This article recounts a legal history of the sit-down strike movement in the United States, focusing on the claim that the sit-downers themselves were engaged in legal practice. It finds strong evidence that many were, and in five distinct forms. First, the sit-down made it possible for mass production workers to legislate and enforce unilateral rules directly regulating relations of production, for example, restrictions on the pace of work. Second, sit-downers legislated, adjudicated, and enforced rules governing life in the facilities that they had seized. Third, sit-downers formulated and exercised a legal right of workers to stage a sit-down strike at their place of work. Fourth, sit-downers engaged in self-enforcement of the National Labor Relations Act and the United States Constitution, thereby pressuring the Supreme Court to uphold the Act in April of 1937. Finally, workers used sit-downs to enforce collective bargaining agreements. Courts rejected the strikers' claims to legality and treated the sit-down as a lawless form of mob violence. After a protracted struggle, the courts' position prevailed, and shop-floor lawmaking was gradually displaced by the now-familiar regime of bureaucratized collective bargaining.

Number of Pages in PDF File: 94

Keywords: social movements, legal pluralism, labor, strikes, jurisgenesis, self-help

JEL Classification: K31

Accepted Paper Series





Download This Paper

Date posted: February 3, 2006  

Suggested Citation

Pope, James Gray, Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958. Rutgers School of Law - Newark Research Paper No. 010; Law and History Review, Vol. 24, No. 1, 2006. Available at SSRN: http://ssrn.com/abstract=880739

Contact Information

James Gray Pope (Contact Author)
Rutgers Law School - Newark ( email )
123 Washington Street
Newark, NJ 07102
United States
973-744-3642 (Phone)
973-353-1445 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,436
Downloads: 137
Download Rank: 128,399
Citations:  2
Footnotes:  181
People who downloaded this paper also downloaded:
1. National Labor Relations Board v. Fansteel Metallurgical Corp.
By Kenneth Casebeer

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds