The agreement
is made by direct negotiation between the two organized groups and the
sanction which each holds over the head of the other is the strike or
lockout. If no agreement can be reached, the labor organization as well
as the employers' association, insists on its right to refuse
arbitration, whether it be "voluntary" or so-called "compulsory."
The clarification of the conception of the trade agreement was perhaps
the main achievement of the nineties. Without the trade agreement the
labor movement could hardly come to eschew "panaceas" and to
reconstitute itself upon the basis of opportunism. The coming in of the
trade agreement, whether national, sectional, or local, was also the
chief factor in stabilizing the movement against industrial depressions.
FOOTNOTE:
[28] See below, 159-160.
CHAPTER 7
TRADE UNIONISM AND THE COURTS
While it was in the nineties that trade unionists first tasted the
sweets of institutionalization in industry through "recognition" by
employers, it was also during the later eighties and during the nineties
that they experienced a revival of suspicion and hostility on the part
of the courts and a renewal of legal restraints upon their activities,
which were all the more discouraging since for a generation or more they
had practically enjoyed non-interference from that quarter.
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