Labor law

“ This may have been true of the common law which grew up in the days of hand-industry, but the statutes passed by Congress and by the state legislatures during recent years have done a great deal to ensure the just and humane treatment of the American worker. These laws have been concerned with such matters as the prevention of industrial accidents and the establishment of workmen’s compensation, the limitation of the hours of labor for women, the prohibition of child labor, and the establishment of minimum wages in certain industries. ”

“ That labor should be so protected by national and state authority as to equalize its burdens and insure a just distribution of its results. The eight hour law of Congress should be enforced, the sanitary condition of industrial establishments placed under the rigid control, the competition of contract convict labor abolished, a bureau of labor statistics established, factories, mines, and workshops inspected, the employment of children under fourteen years of age forbidden, and wages paid in cash. ”

“ It passes from master to master, as it passes, in countries of hired labor, from employer to employer. The mode in which the transfer is made differs in the two systems of labor. The slave-laborer is never compelled to hunt for work and starve till he finds it. Is this an evil to the laborer? Would it be thought an evil, by the hired man in Europe, that his employer should be obliged, by-law, to find him another employer before dismissing him from service? ”

“ It is the principle of personal liberty again. To English notions, and to English courts, indefinite labor continued for an indefinite time, or applied to an indefinite number of services, is indistinguishable from slavery; and compulsory labor even under a definite labor contract, such as to work for a week or a month or a year, or in limited directions, as, for instance, to work at making shoes or weaving cloth, when enforced by the strong arm of the law, smacked too much of slavery to be tolerable by our ancestors. ”

“ 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. ”

“ After establishing a State commissioner of labor, a board of conciliation and arbitration, and free employment offices, all of which are usual in other States, there is an elaborate chapter on factory regulation and one upon mine regulations, and to protect persons working on buildings, railroads, steam boilers, etc., and a carefully drawn statute regulating the labor of children. ”

“ With the increasing complexity of society, many other problems presented themselves to the worker, but for the most part they were subsidiary to the main question of wages. As long as man’s place was fixed by law or custom, a customary wage left small margin for controversy. But when fixed status gave way to voluntary contract, when payment was made in money, when workmen were free to journey from town to town, labor became both free and fluid, bargaining took the place of custom, 12 and the wage controversy began to assume definite proportions. ”

“ Nevertheless, both in the enactment and in the enforcement of law the Federal Government within its restricted sphere should set an example to the State Governments, especially in a matter so vital as this affecting labor. I believe that under modern industrial conditions it is often necessary, and even where not necessary it is yet often wise, that there should be organization of labor in order better to secure the [122] rights of the individual wage-worker. ”

“ But it has always been true of the English and American law, at least since that early labor legislation sketched above in chapter 4 which came to a final end at least as early as Elizabeth, that no man could be compelled to work—except, of course, by way of punishment for crime—and more than that, he could not even be compelled to work or carry out a specific contract of labor to which he had bound himself by all possible formality. ”

“ The time and method of paying wages are ordered by the State, and in certain industries the hours of labor are fixed by law. Women and children are the special protégés of this new State, and great care is taken that they shall be engaged only in employment suitable to their strength and under an environment that will not ruin their health.
The growing social control of the individual is significant, for it is not only the immediate conditions of labor that have come under public surveillance. ”

“ Labor has generally favored measures that extend the inquisitional and regulative functions of the State, excepting where this extension seemed to interfere with the autonomy of labor itself. Workshops, 250 mines, factories, and other places of employment are now minutely inspected, and innumerable sanitary and safety provisions are enforced. A workman’s compensation law removes from the employee’s mind his anxiety for the fate of his family if he should be disabled. The labor contract, long extolled as the ægis of economic liberty, is no longer free from state vigilance. ”

“ One's observation is that organized labor has been mainly concerned with the price of wages, the length of hours, and with the closed shop; it has devoted very little of its energies to factory or trade conditions, except, indeed, that it has been very desirous of enforcing the union label, on which it asserts that union-made goods are always made under sanitary and moral conditions, and implies that the goods of "scab" manufacturers are not so. ”

“ The need of such a law is apparent: labor contracts would then be drawn for a certain time, securing both employer and employee and (which is more important) helpless persons in related and dependent industries—the whole public, in fact—against sudden and disastrous action by either “capital” or “labor” for accomplishment of a purely selfish and frankly impudent end. ”

“ One journeyman shall be kept for each three apprentices; disputes are to be settled by the justices of the peace, and indeed the whole labor contract is regulated as carefully as the most statute-mad of modern labor leaders could desire, though hardly, perhaps, then, in the sole interest of the workingman. ”

“ But if we hold thoroughly these two principles before our mind we shall have the key to the understanding of our labor legislation; and if we add to that the third principle against conspiracy, we shall have the key to our more complicated legislation against trusts and blacklists and boycotts, and to an understanding of the more difficult questions, affecting labor in combination and the regulation of labor unions. ”

“ Restraint of Trade; The Eight to Labor; The Earliest Boycott; Origin of the Injunction in Labor Cases; The Common Law Vindicated; Compulsory Labor in England; Free Trade to Merchants; Jealousy of Chancery Power; Guilds and Corporations; Chancery and the Star Chamber; By-Laws Tending to Monopoly; Hours of Labor Laws; Idlers and Vagabonds; Trusts and Labor Combinations; Riots and Assemblies; The Statute of Elizabeth; Early Labor Regulations; The First Poor Law; The First Complaint of Monopolies; Growth of Monopolies; The Statute of Monopolies ”

“ And in more recent labor cases it has been found that the line between prohibiting a man from leaving his employment, even under peculiar circumstances, and ordering him to proceed with his contract of employment and to carry it out, is extremely fine, if not indistinguishable. ”

“ Thus the reader will see that when the manufacturers could not induce a single overseer to give up their poor to be worked in the factories, they had recourse to the Poor Law Commissioners, who here offer them all the means at their disposal to enable them to effect their purpose. It would occupy too much of our space were we to follow in detail, this scheme of the manufacturers to reduce the wages of labor. ”

“ The Statute of Richard goes on to complain of the outrageous and excessive hire of labor, and attempts once more to limit the prices, but already at more than double those named in the earlier statute: ploughmen seven pence, herdsmen six pence, and even women six pence a day, and persons who have served in husbandry until the age of twelve must forever continue to do so. They may not learn a trade or be bound as apprentices. Servants and laborers may not carry arms nor play at foot-ball or tennis ”

“ Try to imagine a form of labor imposed by force, that is not a violation of liberty; a transmission of wealth imposed by force, that is not a violation of property. If you cannot succeed in reconciling this, you are bound to conclude that the law cannot organize labor and industry without organizing injustice. ”

“ The modern labor laws cannot be credited, however, to labor activity alone. The new social atmosphere has provided a congenial milieu for this vast extension of state functions. The philanthropist, the statistician, and the sociologist have become potent allies of the labor-legislator; and such non-labor organizations, as the American Association for Labor Legislation, have added 252 their momentum to the movement. New ideals of social coöperation have been established, and new conceptions of the responsibilities of private ownership have been evolved. ”

“ If the slave refuse to labor, the law will not interfere to compel him. ”

“ It is necessarily improvident and ruinous, because, as a general truth, communities prosper and flourish, or droop and decline, in just the degree that they practise or neglect to practise the primary duties of justice and humanity. The free-labor system conforms to the divine law of equality, which is written in the hearts and consciences of man, and therefore is always and everywhere beneficent.
The slave system is one of constant danger, distrust, suspicion, and watchfulness. ”

“ Some of the states have now fairly complete statutory enactments concerning labour disturbances, while others have little or no legislation of this class. The Labour disputes. right of employés to strike for any cause or for no cause is sustained by the common law everywhere in the United States. Likewise an employer has a right to discharge any or all of his employés when they have no contract with him, and he may refuse to employ any person or class of persons for any reason or for no reason. ”

“ And thus, whatever the power of the means of production employed, competition does its best to rob capital of the golden fruit which it produces by reducing the price of commodities to their cost of production,—and, as fast as their production is cheapened, compelling, as if by a despotic law, a continually larger supply of cheaper products to be offered at lower prices. Thus the capitalist will have nothing for his exertions beyond the obligation to produce during the same time an amount larger than before, and an enhancement of the difficulty of employing his capital to advantage. ”

“ The drastic amendment of the Factory Acts, to secure (a) a safe and healthy work-place for every worker, (b) the prevention of overwork for all women and young persons, (c) the abolition of all wage-labor by children under 14, (d) compulsory technical instruction by extension of the half-time arrangements to all workers under 18?
7. The direct employment of labor by all public authorities whenever possible; and, whenever it is not possible, employment only of fair houses, prohibition of sub-contracting, and payment of trade-union rates of wages? ”

“ Inspection of workshops, mills, factories, mines, yards, public services, shops, etc., shall be carried out with reference to the conditions of work, hygiene, and safety, by inspectors elected by the workmen's unions, in concurrence with the State inspectors.
10. Extension of the industrial arbitration courts to all wage-workers of industry, commerce, and agriculture.
11. Convict labor to be treated as a State monopoly; the charge for all work done shall be the wage normally paid to trade-unionist workers. ”

“ State-help no less than self-help is needed for securing to the worker the full, undiminished result of his industry, that is, an existence worthy of a man.
The State alone, and only a free State will help the workers!
Let us sum up briefly, the substance of the foregoing:
The system of wages-labor meets the demands of Justice and Humanity as little as did the slavery and servitude of former times. Like slavery and servitude, wages-labor was once a step forward in civilization from which undeniable advantages have accrued to society. ”

“ If the employer refused to pay him the wages that he thought fair, he was nevertheless unable to leave the employ and to resist arbitrary and unfair treatment. Union was essential to give laborers opportunity to deal on equality with their employer. They united to exert influence upon him and to leave him in a body in order by this inconvenience to induce him to make better terms with them. They were withholding their labor of economic value to make him pay what they thought it was worth. ”

“ The Fair Labor Standards Act of 1938 regulates wages and hours not only of employees who are 'engaged in commerce' but also those engaged 'in the production of goods for commerce.' Sections 6, 7, 52 Stat. ”

“ After the enactment of the Fair Labor Standards Act, by interpretations of the Wage and Hour Administrator, it was held that certain preparatory activities such as sharpening the tools, oiling the machinery, preparing his machinery for work, were so closely related to his productive activity that the employer must compensate the employee for it. ”