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29 U.S.C. § 102Public policy in labor matters declared

submitted 94 years ago by ch. 90 to r/title-29-LABOR · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section declares U.S. policy on labor rights. Courts must use it to guide how they interpret this chapter and their own power to act. It explains that individual workers often cannot bargain fairly with organized employers, so full freedom to organize is necessary.

This section is not split into lettered parts, but it makes several connected points. First, it explains why the section exists: courts must use this declared policy when they interpret this chapter, and when they decide how much power and jurisdiction they have under it. Then it lays out the reasoning behind the policy. Under today's economic system, the law has helped owners of property organize into corporations and other ownership groups. But a single, unorganized worker usually cannot really bargain freely. He cannot protect his freedom to work, or get fair terms and conditions of employment, on his own. Because of this, the law says a worker should be free to refuse to join with others if he chooses. But he also needs full freedom to organize, form associations, and pick his own representatives to negotiate his job terms. He must be free from interference, pressure, or force by employers or their agents when he: chooses representatives; organizes; or takes part in other joint action for collective bargaining or other mutual help and protection. Because of all this, the law says the definitions and limits on federal court power that follow in the rest of this chapter are being enacted.
the actual law source: uscode.house.gov ↗public domain

In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the United States is declared as follows:

Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with his fellows, it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the United States are enacted.

Source credit: (Mar. 23, 1932, ch. 90, § 2, 47 Stat. 70.)

history & why it existsrecord from the source credit
  • 1932Enacted · Act of Mar. 23, 1932, ch. 90 · 47 Stat. 70

A history note hasn’t been published yet. The record shows enactment by ch. 90 on 1932-03-23.

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