> The first regards the 1970 Boys Market case, in
which the Court overturned its own precedents in order to allow "an
injunction against a strike during the life of a collective bargaining
agreement." Virtually no one on LBO-Talk will recognize this case, as it
plays a role in the field of labor law. The great setbacks in the field of
labor law have been almost entirely legislative and regulative [executive
branch] in nature, with the Court playing a rather minor role.
I recognize Boys Market (which was the Burger era, no?). What do I win? And I also know Yeshiva, Fibreboard, Granite State, First National Maintenance Corporation and Lucas Flower -- all important Warren or Burger era Supreme Court decisions that helped turn collective bargaining into a straightjacket. Thus, I wouldn't call the Supreme Court interventions "minor," even though you're absolutely correct that both Congress and administrative bodies such as the NLRB have done much damage. (For instance, elections under the Wagner Act were originally to determine *which* union workers would join; within a few years the Labor Board decreed that the purpose of labor elections were to determine *if* workers would unionize, essentially allowing workers to vote away their "unenumerated" 1A rights of freedom of association.)
mark