"Government by Injunction": The U.S. Judiciary and Strike Action in the Late 19Th and Early 20th Centuries

The decision among workers to strike is influenced by many factors. Researchers, however have only recently begun to consider the role of labor law in shaping this decision. This article examines the period from the early 1880s to the early 1930s in which the U. S. courts developed legal policies that allowed them to routinely issue injunctions to halt strikes. The analyses demonstrate that the courts' use of the injunction not only ended the targeted strike but also significantly diminished the willingness of other workers to strike. Also, not all strikes were affected equally. The courts' use of the injunction tended to limit strikes over issues of workplace control and, to some degree, strikes taken in sympathy with other striking workers. Conclusions concern the significant role legal policies play in workplace relations.