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Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958

2006/01/01 by Jim Pope · 1 citation
Social Sciences · #Labor Movements and Unions #Lawmaking #Collective bargaining #Political science #Law #Supreme court #Enforcement #Constitution #Principle of legality #Labor relations #Industrial relations #CONTEST #Law and economics #Sociology #Legislature

paper · doi:10.1017/s0738248000002273

openalex publication_date 2006/01/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/15

Abstract

Between 1936 and 1939, American workers staged some 583 sit-down strikes of at least one day's duration. In the latter year, the United States Supreme Court issued its opinion in NLRB v. Fansteel Metallurgical Corporation , resolving the official legal status of the tactic. Fansteel made it clear not only that a state could punish sit-downers for violating trespass laws, but also that an employer could lawfully discharge them—even if that employer had itself provoked the sit-down by committing unfair labor practices in violation of the National Labor Relations Act.

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