The Law and the Objects of Federal Unions

Abstract

There exists a potential conflict between the goals of trade unions, as deter mined by their members, and the goals which are appropriate to them as part of systems of compulsory arbitration. At the federal level, this is compounded by the limitations which the Constitution places on the functions of the arbitration system and on those bodies which operate under the system. The courts have touched upon this problem many times and have responded to it in a variety of ways. It remains unclear how far federally registered unions are free to pursue objectives outside the arbitration system. One realistic answer, though not much heard of for some time, is to give legal recognition to the dual character of such unions as bodies which have a life outside, as well as within, the narrow confines of the Constitution and hence of the Conciliation and Arbitration Act.