Hugo Black

Name: Hunt v. Crumboch — Opinion of the Court
Author: Hugo Black

Summary

“Hunt v. Crumboch — Opinion of the Court”, is a work by Hugo Black. It explores elements such as the Sherman Act, petitioner and union.

Quotes from Hunt v. Crumboch — Opinion of the Court (Hugo Black)

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ Labor has won other rights as well, unemployment compensation, old-age benefits and, what is most important and the basis of all its gains, the recognition that the opportunity to earn his support is not alone the concern of the individual but is the problem which all organized societies must contend with and conquer if they are to survive. This Court now sustains the claim of a union to the right to deny participation in the economic world to an employer simply because the union dislikes him. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ The social interest in allowing workers to better their condition by their combined bargaining power was thought to outweigh the otherwise undesirable restriction on competition which all successful union activity necessarily entails. But there is no social interest served by union activities which are directed not to the advantage of union members but merely to capricious and retaliatory misuse of the power which unions have simply to impose their will on an employer. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ A worker is privileged under congressional enactments, acting either alone or in concert with his fellow workers, to associate or to decline to associate with other workers, to accept, refuse to accept, or to terminate a relationship of employment, and his labor is not to be treated as 'a commodity or article of commerce.' Clayton Act, 38 Stat. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ This Court permits to employees the same arbitrary dominance over the economic sphere which they control that labor so long, so bitterly and so rightly asserted should belong to no man.
Strikes aimed at compelling the employer to yield to union demands are not within the Sherman Act. Here the employer has yielded, and the union has achieved the end to which all legitimate union pressure is directed and limited. The union cannot consis ently with the Sherman Act refuse to enjoy the fruits of its victory and deny peace terms to an employer who has unconditionally surrendered. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ With this decision, the labor movement has come full circle. The working man has struggled long, the fight has been filled with hatred, and conflict has been dangerous, but now workers may not be deprived of their livelihood merely because their employers oppose and they favor unions. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ Justice Brandeis, for a unanimous Court, held that a union cannot lawfully strike for an unlawful purpose. 'The right to carry on business-be it called liberty or property-has value. To interfere with this right without just cause is unlawful. The fact that the injury was inflicted by a strike is sometimes a justification. But a strike may be illegal because of its purpose, however orderly the manner in which it is conducted. To collect a stale claim due to a fellow member of the union who was formerly employed in the business is not a permissible purpose.' Dorchy v. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ But there is a difference between being a party to consensual restriction of competition within a segment of an industry and being forced out of the industry entirely. Competition within the field has been lessened by the elimination of one of the companies engaged therein. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ The Court concedes that if business competitors alone or in combination with labor had conspired to drive petitioners out of business by refusing goods or services, competitors and labor organization would have violated the Sherman Act. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ The union, in an effort to organize the employes of motor carriers, resorted to a strike. The petitioners resisted unionization. During the ensuing disorder a man was shot. The union officials attributed the killing to one of the petitioners. In fact he was acquitted by a jury. The respondents decided to punish him. The respondents having succeeded n unionizing the industry in Philadelphia the petitioners could continue in their business of interstate carriage only by having their men join the union and by signing a closed shop contract. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ The only combination here, however, was one of workers alone and what they refused to sell petitioner was their labor.
It is not a violation of the Sherman Act for laborers in combination to refuse to work. They can sell or not sell their labor as they please, and upon such terms and conditions as they choose, without infringing the Anti-trust laws. ”

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Source: Wikisource

Hugo Black, Hunt v. Crumboch — Opinion of the Court

“ It is argued that their exercise falls within the condemnation of the Sherman Act, because the union members' refusal to accept employment was due to personal antagonism against the petitioner arising out of the killing of a union man. ”

Hugo Black

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