노동금지명령, 그 관행과 의미 : 1920년대 뉴욕주 노동법과 노사관계 Labor Law and Labor Relations in the 1920s New York State = The Labor Injunction, Its Meaning and Practice

다국어 초록 (Multilingual Abstract)

At the center of the reciprocal relationship between the labor policy and the labor movement in the 1920s New York st ate lies the labor injunction. Stressing the essential role of the judiciary in constructing labor-capital relations, this article intends to show that the "lean years" of the 1920s was mainly due to the oppressive labor policy exemplified in the labor injunction.
The injunction prohibited workers from participating in a strike or a boycott if it could destroy an employer s property, which more often than not was interpreted broadly and arbitrarily. Throughout the 1920s, the labor injunction represented the most formidable weapon against organized labor and it achieved its widest use. Especially in New York State, courts issued more labor injunctions than in any other jurisdiction in any period. Employers hostile to organized labor found it an effective way to quash union-organizing campaigns. The labor injunction henceforth significantly imperiled union security.
Until the national emergency of the Great Depression and the legal revolution waged by Franklin D. Roosevelt and the New Dealers, the judiciary had both the power and the will to repress the rights of labor to organize, join the union and strike. But industrial unionists like Sidney Hillman were keen to keep alive the possibility of invoking law and public power on labors behalf while reformminded lawyers like Felix Frankfurter challenged the legal conservatives and attempted to transform the jurisprudence from the Victorian one to the pluralist one. While their effort s failed in the 1920s, both Hillman and Frankfurter finally became core members of the New Dealers during the next decade, and made contribution to the New Deal labor policy to be more egalitarian and livable for laborers. In the 1920s, as has been exemplified in the Michaels vs. Hillman, the seeds for the industrial democracy was burgeoning on the plot of sterile ground, waiting for the auspicious time to blossom, while the sustenance of the fruits still remained to be testified for decades to come.

목차 (Table of Contents)

• Ⅰ. 머리말 : 풍요의 시대, 노동의 흉작기
• Ⅱ. 노동금지 명령에 의한 지배
• Ⅲ. 맺음말 : 구원자의 발소리가 들려온다?