In 1921 the membership of the
Federation declined slightly to 3,906,000, and the total organized
membership probably in proportion. In 1922 the membership of the
Federation declined to about 3,200,000, showing a loss of about 850,000
since the high mark of 1920.
The legal position of trade unions has continued as uncertain and
unsatisfactory to the unions, as if no Clayton Act had been passed. The
closed shop has been condemned as coercion of non-unionists. Yet in the
Coppage case[95] the United States Supreme Court found that it is not
coercion when an employer threatens discharge unless union membership is
renounced. Similarly, it is unlawful for union agents to attempt
organization, even by peaceful persuasion, when employes have signed
contracts not to join the union as a condition of employment.[96] A
decision which arouses strong doubt whether the Clayton Act made any
change in the status of trade unions was given by the Supreme Court in
the recent Duplex Printing case.[97] In this decision the union rested
its defense squarely on the immunities granted by the Clayton Act.
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