The Wage Earner and the Common Rule: A Study of the Employer-employee Relation

Priekinis viršelis
University of Wisconsin--Madison, 1927

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6 psl. - The right of a person to sell his labor upon such terms as he deems proper is in its essence the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it. So the right of the employee to quit the service of the employer, for whatever reason, is the same as' the right of the employer, for whatever reason, to dispense with the services of such employee.
6 psl. - In all such particulars the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land.
43 psl. - I suppose that this act was passed because the operatives, or some of them, thought that they were often cheated out of a part of their wages under a false pretence that the work done by them was imperfect, and persuaded the Legislature that their view was true.
3 psl. - Each individual bestowing more time and attention upon the means of preserving and increasing his portion of wealth, than is or can be bestowed by government, is likely to take a more effectual course than what, in his instance and on his behalf, would be taken by government.
7 psl. - usage" refers to "an established method of dealing, adopted In a particular place, or by those engaged in a particular vocation or trade, which acquires legal force, because people make contracts In reference to It.
5 psl. - I think, that freedom of contract is a misnomer as applied to the contract between an employer and an ordinary individual employee. The strategic position of the employer in a contest as to wages is much stronger than that of the individual employee. "The power of the employer to withhold bread is a much more effective weapon than the power of the employee to refuse to labor.
7 psl. - What the State may not do directly it may not do indirectly. If it cannot punish the servant as a criminal for the mere failure or refusal to serve without paying his debt, it is not permitted to accomplish the same result by creating a statutory presumption which upon proof of no other fact exposes him to conviction and punishment. Without imputing any actual motive to oppress, we...
8 psl. - The union shall have in each shop a duly accredited representative authorized by the joint board, who shall be recognized as the officer of the union having charge Of complaints and organization matters within the shop.
2 psl. - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express in writing the whole of the contract by which...

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