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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Adair v. United States ： ウィキペディア英語版 Adair v. United States ''Adair v. United States'', , was a US labor law case of the United States Supreme Court which declared that bans on "yellow-dog" contracts (that forbade workers from joining labor unions) were unconstitutional. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in ''Allgeyer v. Louisiana'' (1897). For this reason, ''Adair'' is often seen as defining what has come to be known as the ''Lochner'' era, a period in American legal history in which the Supreme Court tended to invalidate legislation aimed at regulating business.〔Philips, Michael J. ''The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s to the 1930s''. Greenwood Publishing Group, 2001. p. 10.〕〔Wiecek, William M. ''The History of the Supreme Court of the United States. Volume 12, The Birth of the Modern Constitution: The United States Supreme Court, 1941–1953''. Cambridge University Press, 2006. p. 25 f.〕 In earlier cases, the Court had struck down state legislation limiting the freedom of contract by using the due process clause of the Fourteenth Amendment, which only applied to the states. In ''Adair'' the doctrine was expanded to include federal legislation by way of the due process clause of the Fifth Amendment.〔 ==Facts== The Erdman Act of 1898, section 10, passed by Congress to prevent to unrest in the railroad labor industry, prohibited railroad companies engaged in interstate commerce from demanding that a worker not join a union as a condition for employment. The law provided for voluntary arbitration of disputes between the interstate railroads and their workers organized into labor unions. It applied to individuals who worked on moving trains which transported freight and passengers between states. Workers who maintained railroad cars, and station clerks, did not come under the statute's jurisdiction. In 1906, William Adair, a master mechanic who supervised employees at the Louisville & Nashville Railroad, fired O. B. Coppage for belonging to labor union called the Order of Locomotive Fireman. Adair's actions were in direct violation of Section 10 of the Erdman Act which made it illegal for employers to "threaten any employee with loss of employment" or to "unjustly discriminate against an employee because of his membership in ... a labor corporation, organization or association."〔Carter, Saalim A. (''Labor Unions and Antitrust Legislation: Judicial Activism vs. Judicial Restraint from 1890-1941'' ). Penn State University, 2006. p. 30.〕 Adair was indicted in the United States District Court for the Eastern District of Kentucky, which upheld the law as constitutional. In a subsequent trial, Adair was found guilty of violating the act and ordered to pay a $100 fine. Adair appealed the District Court's decision to the Supreme Court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Adair v. United States」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.