Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 1994 erstellt
Description:
On August 10, 1910, in a decision the New York Times called "the strongest decision ever handed down against labor (cit. in Lorwin 1924: 193)," the New York County Division of the Supreme Court of New York enjoined the International Ladies' Garment Workers Union from picketing and other strike actions against businesses affiliated with the Cloak, Suit and Skirt Manufacturers' Protective Association (Schwarcz v. ILGWU 1910) . Almost twelve years later, in contrast, the same court granted the union an injunction against the association, "the first important appeal by a union for equity's help in a trade controversy (Frankfurter and Greene 1930: 109)," enabling the ILGWU to win a strike provoked by the employers' unilateral abrogation of a collective agreement (Schlesinger v. Quinto 1922a, 1922b). An inference of progressive development between these two points is mistaken, whether it assumes a steady shift in public policy, a reversal in organizational power, or a transmutation of the union from rebellious autonomy to juridified conformity. Both legal actions are incidents in a multi-dimensional history of regime formation and reformation, and the judicial determinations gain meaning only from the respective conflictual contexts in which they intervene