ABSTRACT

This chapter shows that the present legal framework of labor-management relations is indeed complex. It examines Congressional ascendency in the area of protective labor and social legislation. Revolution in the Supreme Court’s interpretation of the federal government’s interstate commerce power eventually resulted in the emergence of the Congress of the United States as the nation’s chief formulator of public policy in labor-management relations. The president’s normal appointive powers with regard to the increasing administrative machinery in the area of labor relations, and Edward S. Corwin ability to influence legislation, however, also give him other important sources of influence on public policy. The presidential executive order has become a government tool of increasing importance in implementing economic controls. The government touches the industrial rule making process in many ways and with different degrees of effectiveness. The history of governmental regulation prior to the 1930’s was dominated by the judiciary.