Abstract

ONE OF THE MAJOR AREAS OF SUPREME COURT decision-making is labor relations. Excluding Federal Employers Liability Act and Jones Act cases, approximately 13% of the cases decided formally1 during the 1953-1959 terms of the Court involved matters relating to labor relations. Included within this universe, totaling 93 cases, are items evoking a wide range of legal questions. Among them are: the interpretation of various provisions of such major legislation as the National Labor Relations, Taft-Hartley, Railway Labor, Norris-LaGuardia, and Fair Labor Standards Acts; questions of N.L.R.B. procedure and jurisdiction, federal pre-emption of state jurisdiction, and unfair labor practices. Notwithstanding this congeries of legal material, it is nonetheless possible that the Court, in its disposition of these cases, may be motivated by considerations other that those of a legal character. It is the purpose of this paper to ascertain the bases on which the Court decided these cases; how the various justices respond to the value or values underlying the Court's decision-making; and the decisional and attitudinal effects of such secondary variables as may

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