The History Of The American Labor Injunction Abstract

The labor injunction, as one powerful legal tool, was used to regulat American labor relations from the late 19th to early 20th century, we can understand the United States Government and the judiciary in the role of labor relations in the regulation of the subtle changes from its generation, development and decline, and to adjust labor relations in China at this stage in order to inspire and learn from. This paper consists of introduction, text, and conclusion. The text is consists of five chapters.The introduction give the reason of topic selected and a brief introduction of the American labor injunction on domestic and international research.The first chapter introduce the background of the American labor injunction. In the 19th century American labor intensification of the conflict environment, in order to effectively adjust the labor relations, the U.S. government stand in the position of employers, adopted a "criminal conspiracy" to aim at restricting the labor strike, boycott And other acts. Criminal "allegations" was firmly against by the Labour Organization and the public opinion with the strong condemnation, which lead to a criminal "allegations"to civil "ban"changes. The American labor injunction came into being.Chapterâ…¡describes the theoretical support of the American labor injunction. Which conduct should be issued on the labor injunction? How to define the scope of the injunction? And how the step and procedure for the injunction's implementation? This chapter would give the answer of all those questions. From these elaborate we can easily see that, despiting the release of a set of seemingly logical and self-contained program of the injunction, its still lack of strict legal support, but after that, the labor injunction was ultimately failed to become the labor government and the judiciary Shield and safeguard the interests of employers to pay the tide of history.Chapterâ…¢describes the early use of labor injunction. Even during the initial period of labor injunction in the United States Court also caused controversy. How to demonstrate the legitimacy of injunction, the court has failed to provide a clear and reasonable legal interpretation. After 1886, equity-based interpretation of the ban on labor provides a legal platform for the early use of the labor injunction. Despiting the weak and inadequate legal basis, it did not hinder the use of the labor injunction.Chapterâ…£hackles the history of prosperous period of the labor injunction. With the intervention of the Federal Court, the labor injunction, as an important adjustment of labor relations, was further expanded. In 1895, "comprehensive injunction" was issued in the Debs case, which as a landmark event made the labor injunction, which was the affairs of state, to subject to federal intervention in labor disputes. After that, on the Background of "Lochner era ", the prosperous period of the labor injunction was coming in the early 20th century.Chapterâ…¤describes the decline of the labor injunction and the "Norris - LaGuardia Act", which in fact as one anti-prohibition ban bill. The frequent using of the labor injunction increasingly sharp conflicts between employers and employees. In the course of anti-injunction movement, through the political leaders's efforts of the Federation of Labour, and the changing of the structure in the unions, made the struggle of unions against the changing to a pure political and economic means through legitimate legal mechanism to seek, which made the issued of "Norris - LaGuardia Act", and gave a fatal blow to the labor injunction.The conclusion section evaluates the labor injunction by a development view of history. From the history of the American labour injunction, we also recognized that our country should adjust the current relationship between employers and employees, and the key of that is to balance the relationship between those, because only that can promote the development of the society and economic to be healthy and stable.