Paul F. Brissenden Collection of Research Materials for Study of Labor Injunctions in New York State
Collection Number: 5230
Kheel Center for Labor-Management Documentation and Archives, Cornell University Library
Title:
Paul F. Brissenden Collection of
Research Materials for Study of Labor Injunctions in New York State,
Collection Number:
5230
Creator:
Brissenden, Paul F.
Quantity:
10 linear ft.
Forms of Material:
Broadsides (notices), case files, manuscripts
(documents), scrapbooks .
Repository:
Kheel Center for Labor-Management Documentation and
Archives, Cornell University Library
Abstract:
This project was compiled under the direction of Paul F.
Brissenden and financed through the resources of the Columbia University Council for
Research in the Social Sciences. Although the project was originally scheduled to be
completed in just 18 months, it was approximately eight years before the end was
achieved.
Prior to 1928, the initial year of the survey, there had been much controversy over the use and effects of the labor injunction against unions in their continuous struggle for recognition and acceptance. It was felt that since almost no literature on the subject was available, a detailed examination of exactly how injunctions were applied to labor dispute cases was paramount in the interest of formulating intelligent public policy.
The primary source for the materials gathered carne from the records in the offices of the county clerks in all of the more important industrial counties of the state. The researchers hoped to gather from these files (1) the facts out of which the application for injunctive relief arose, (2) the chronology of the action, and (3) the final disposition of the case.
It is difficult to evaluate the total effect of The Labor Injunction Study of public policy. Certainly, the Norris-LaGuardia "Anti-Injunction" Act of 1932 was not the result of the Brissenden Study alone, but rather of many years of labor agitation and Congressional inquiry. The Brissenden Study did, however, provide an illuminating analysis for those legislators who sought to correct a judicial imbalance in the collective bargaining structure.
Prior to 1928, the initial year of the survey, there had been much controversy over the use and effects of the labor injunction against unions in their continuous struggle for recognition and acceptance. It was felt that since almost no literature on the subject was available, a detailed examination of exactly how injunctions were applied to labor dispute cases was paramount in the interest of formulating intelligent public policy.
The primary source for the materials gathered carne from the records in the offices of the county clerks in all of the more important industrial counties of the state. The researchers hoped to gather from these files (1) the facts out of which the application for injunctive relief arose, (2) the chronology of the action, and (3) the final disposition of the case.
It is difficult to evaluate the total effect of The Labor Injunction Study of public policy. Certainly, the Norris-LaGuardia "Anti-Injunction" Act of 1932 was not the result of the Brissenden Study alone, but rather of many years of labor agitation and Congressional inquiry. The Brissenden Study did, however, provide an illuminating analysis for those legislators who sought to correct a judicial imbalance in the collective bargaining structure.
Language:
Collection material in English
Paul F. Brissenden was born in Benzonia, Michigan on September 21, 1885. After
completing his preparatory education at the Warren Academy in 1904, he enrolled at
the
University of Denver from which he graduated in 1908. He earned his Masters Degree
from the University of California in 1912 and finally completed his education at
Columbia where the Ph.D. Degree was conferred upon him in 1917. On September 30,
1924, Paul Brissenden was married to Margaret A. Geer. They had three children.
In 1914, Brissenden assumed the responsibilities of the position of special agent for
the U.S. Commission on Industrial Relations. During the period 1915-1920, he was
employed as a special agent for the U.S. Bureau of Labor Statistics.
Professor Brissenden began his academic career as an Assistant Professor of Economics
at New York University in 1920. Since 1921, however, he has served as lecturer,
associate professor and professor of economics at Columbia University.
He was appointed vice-chairman of the Millinery Stabilization Committee, Inc. (New
York City) in 1936 and has held that position since. Also, since 1937, Prof.
Brissenden has served as impartial chairman under various collective bargaining
agreements.
During World War II, Paul Brissenden served as consultant and member to the Clothing
Advisory Committee of the Office of Production Management and War Production Board,
as special consultant to the U.S. Bureau of Labor Statistics, as mediator,
arbitrator and referee for the National War Labor Board, and as vice-chairman and
public member of the Regional War Labor Board for the Second Region.
Paul Brissenden also served as the chairman of the board of directors of the
International Consumers League (1939-1940) and as a member of the board of directors
of the International Rescue and Relief Committee beginning in 1940. As an
arbitrator, he faithfully served as a member of the panel of the New York State
Board of Mediation, American Arbitration Association and the U.S. Conciliation
Service. He was a charter member of the National Academy of Arbitrators.
Professor Brissenden was the author of many works. Among them are: The I. W. W., A
Study of American Syndicalism, 1919; Labor Turnover In Industry (with Emil Frankel),
1922; The Great Hawaiian Dock Strike, 1953; :The Labor Injunction In Hawaii, 1956
and, also, numerous reports, monographs and contributions to various economics and
labor law journals.
Professor Brissenden died in 1974.
Source: Whos Who In America, 1962-63.
Research project conducted from 1928 to 1936, directed by Paul F. Brissenden,
professor of economics, Columbia University, assisted by Cleon O. Swayzee, and
funded by the Columbia University Council for Research in the Social Sciences.
By systematically analyzing 1000 New York State court cases from 1898 to 1929 in
which injunction relief was sought to settle labor disputes, researchers attempted
to derive historical judicial policy on injunction usage (in contexts of industrial,
socio-economic and geographical conditions) as well as its effects upon the public
and parties involved. A further purpose of the study was to make recommendations for
changes in public policy in light of research findings.
Administrative records of this project include grant proposals, financial records re
project expenditures, interim progress reports (1929-1935) and a summary report
(1937). Also correspondence with participating attorneys and with Edwin Witte
(Wisconsin Free Library).
The largest part of the collection consists of six hundred and twenty case files,
organized by case name, reproduced from New York State county clerk records and
those of participating attorneys. Cases fall into four general categories: 1)
employer vs. union; 2) union vs. employer; 3) interunion; 4) non-labor. Case files
typically include trial transcripts, appeals, legal documents, notes, clippings,
correspondence, and supporting documents such as responses of attorneys to
questionnaires on economics, procedure and practice. Examples of acts frequently
restrained include picketing, labor violence, boycotts, strikes, use of scabs,
refusal to submit to labor dispute settlement by an impartial chairman, layoffs,
unfair labor practices, use of individual contracts and yellow dog contracts.
Union background files cover labor unions involved in New York State injunction
cases, arranged by major industrial sectors (food, clothing, shoes, and building
workers and laundry drivers). Files also include a list of New York State injunction
cases by major industrial union, constitutions, bylaws, broadsides, trade union
publications, employment contracts, collective agreements, and clippings. There are
two manuscript volumes summarizing the cases studied.
General background materials accumulated for the project include manuscripts by
Albert Fribourg, International Juridical Association, and manuscript notes,
pamphlets and clippings on the following subjects: use of the injunction by federal
and state courts, anti-injunction law, yellow dog contracts, collective agreements,
and work contracts.
Anti-injunction legislation materials include drafts of bills and correspondence re
the Shipstead and Blaine Bills (Anti-Injunction Act, 1932), between Brissenden,
Herman Oliphant, Felix Frankfurter, Francis Sayre, William Green, Edwin E. Witte,
William D. Mitchell, President Herbert Hoover, and George W. Norris. Correspondence
concerns judicial procedure and practice, legislation to define and limit
jurisdiction of courts in labor disputes, trial by jury in cases of direct criminal
attempts, and equity courts. Also, drafts of legislation in effect in Arizona,
Illinois, North Dakota, Ohio, Oregon, Rhode Island, and Wisconsin; correspondence
and memoranda concerned with legislation before the New Jersey Chancery (1935) and
New York State Legislature (1917-1935).
Also included are manuscripts of reports derived from the study, including studies
dealing with the injunctive process, rules of procedure, and legal disposition of
cases, as well as statistical tables summarizing the data gathered by Brissenden.
Also included are scrapbooks of clippings on the New Deal period concerned with the
U.S. Public Works Administration, unemployment relief measures for women, artists,
youth, white collar workers, strikes by Work Projects Administration employees and
cooperative exchange of goods and services.
Names:
Brissenden, Paul F. (Paul Frederick), 1885-1974.
Frankfurter, Felix, 1882-1965
Fribourg, Albert
Green, William, 1872-1952
Greene, Nathan
Hoover, Herbert, 1874-1964
Mitchell, William D.
Norris, George W. (George William). 1861-1944
Oliphant, Herman, 1884-1939
Sayre, Francis
Witte, Edwin E. (Edwin Emil), 1887-1960
United States. Public Works Administration.
Subjects:
Boycotts--United States.
Labor injunctions--Arizona.
Labor injunctions--Illinois.
Labor injunctions-- New Jersey.
Labor injunctions--New York (State)
Labor injunctions--North Dakota.
Labor injunctions--Ohio.
Labor injunctions--Oregon.
Labor injunctions--Rhode Island.
Labor injunctions--United States--Statistics.
Labor injunctions--Wisconsin.
New Deal, 1933-1939.
Picketing--United States.
Public service employment--United States.
Strikebreakers--United States.
Strikes and lockouts--United States.
Unfair labor practices--United States.
Yellow dog contract.
Clothing industry. United States. Labor
injunctions.
Construction industry. United States. Labor
injunctions.
Food industry. United States. Labor injunctions.
Labor injunctions. Shoe industry. United States.
Labor laws and legislation. United States.
Criminal provisions.
Labor violence. United States.
Laundry industry. Labor injunctions. United
States.
Layoffs. United States.
Geographic Subjects:
United States. Economic policy.
1933-1945.
Form and Genre Terms:
Broadsides (notices)
Case files.
Manuscripts (documents)
Scrapbooks.
Access Restrictions:
Access to the collections in the Kheel Center is restricted. Please contact a
reference archivist for access to these materials.
Restrictions on Use:
This collection must be used in keeping with the Kheel Center Information Sheet
and Procedures for Document Use.
Cite As:
Paul F. Brissenden Collection of Research Materials for Study of Labor
Injunctions in New York State #5230. Kheel Center for Labor-Management
Documentation and Archives, Cornell University Library.
Sub-Series
A: Articles on Injunctions
Sub-Series C: State Injunction Legislation
Sub-Series D: State Injunction Cases (Other Than New York)
Sub-Series E: Federal Injunction Cases
Sub-Series F: Information on the Work Contract
Sub-Series C: State Injunction Legislation
Sub-Series D: State Injunction Cases (Other Than New York)
Sub-Series E: Federal Injunction Cases
Sub-Series F: Information on the Work Contract
Sub-Series
A: List of New York Injunction Cases
Sub-Series B: Union Background Information (New York)
Sub-Series B: Union Background Information (New York)
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Box 7 | Folder 51 | |
Box 7 | Folder 52 | |
Box 7 | Folder 53 | |
Box 7 | Folder 54 | |
Box 7 | Folder 55 | |
Box 7 | Folder 56 | |
Box 7 | Folder 57 | |
Box 7 | Folder 58 | |
Box 7 | Folder 59 | |
Box 7 | Folder 60 | |
Box 7 | Folder 61 | |
Box 7 | Folder 62 | |
Box 7 | Folder 63 | |
Box 7 | Folder 64 | |
Box 7 | Folder 65 | |
Box 7 | Folder 66 | |
Box 7 | Folder 67 | |
Box 7 | Folder 68 | |
Box 7 | Folder 69 | |
Box 7 | Folder 70 | |
Box 7 | Folder 71 | |
Box 7 | Folder 72 | |
Box 7 | Folder 73 | |
Box 7 | Folder 74 | |
Box 7 | Folder 75 | |
Box 7 | Folder 76 | |
Box 7 | Folder 77 | |
Box 7 | Folder 78 | |
Box 7 | Folder 79 | |
Box 7 | Folder 80 | |
Box 7 | Folder 81 | |
Box 7 | Folder 82 | |
Box 7 | Folder 83 | |
Box 7 | Folder 84 | |
Box 7 | Folder 85 | |
Box 7 | Folder 86 | |
Box 7 | Folder 87 | |
Box 7 | Folder 88 | |
Box 7 | Folder 89 | |
Box 7 | Folder 90 | |
Box 7 | Folder 91 | |
Box 7 | Folder 92 | |
Box 7 | Folder 93 | |
Box 7 | Folder 94 | |
Box 7 | Folder 95 | |
Box 7 | Folder 96 | |
Box 7 | Folder 97 | |
Box 7 | Folder 98 | |
Box 7 | Folder 99 | |
Box 7 | Folder 100 | |
Box 7 | Folder 101 | |
Box 7 | Folder 102 | |
Box 7 | Folder 103 | |
Box 7 | Folder 104 | |
Box 7 | Folder 105 | |
Box 7 | Folder 106 | |
Box 7 | Folder 107 | |
Box 7 | Folder 108 | |
Box 7 | Folder 109 | |
Box 7 | Folder 110 | |
Box 7 | Folder 111 | |
Box 8 | Folder 1 | |
Box 8 | Folder 2 | |
Box 8 | Folder 3 | |
Box 8 | Folder 4 | |
Box 8 | Folder 5 | |
Box 8 | Folder 6 | |
Box 8 | Folder 7 | |
Box 8 | Folder 8 | |
Box 8 | Folder 9 | |
Box 8 | Folder 10 | |
Box 8 | Folder 11 | |
Box 8 | Folder 12 | |
Box 8 | Folder 13 | |
Box 8 | Folder 14 | |
Box 8 | Folder 15 | |
Box 8 | Folder 16 | |
Box 8 | Folder 17 | |
Box 8 | Folder 18 | |
Box 8 | Folder 19 | |
Box 8 | Folder 20 | |
Box 8 | Folder 21 | |
Box 8 | Folder 22 | |
Box 8 | Folder 23 | |
Box 8 | Folder 24 | |
Box 8 | Folder 25 | |
Box 8 | Folder 26 | |
Box 8 | Folder 27 | |
Box 8 | Folder 28 | |
Box 8 | Folder 29 | |
Box 8 | Folder 30 | |
Box 8 | Folder 31 | |
Box 8 | Folder 32 | |
Box 8 | Folder 33 | |
Box 8 | Folder 34 | |
Box 8 | Folder 35 | |
Box 8 | Folder 36 | |
Box 8 | Folder 37 | |
Box 8 | Folder 38 | |
Box 8 | Folder 39 | |
Box 8 | Folder 40 | |
Box 8 | Folder 41 | |
Box 8 | Folder 42 | |
Box 8 | Folder 44 | |
Box 8 | Folder 45 | |
Box 8 | Folder 46 | |
Box 8 | Folder 47 | |
Box 8 | Folder 48 | |
Box 8 | Folder 49 | |
Box 8 | Folder 50 | |
Box 8 | Folder 51 | |
Box 8 | Folder 52 | |
Box 8 | Folder 53 | |
Box 8 | Folder 54 | |
Box 8 | Folder 55 | |
Box 8 | Folder 56 | |
Box 8 | Folder 57 | |
Box 8 | Folder 58 | |
Box 8 | Folder 59 | |
Box 8 | Folder 60 | |
Box 8 | Folder 61 | |
Box 8 | Folder 62 | |
Box 8 | Folder 63 | |
Box 8 | Folder 64 | |
Box 8 | Folder 65 | |
Box 8 | Folder 66 | |
Box 8 | Folder 67 | |
Box 8 | Folder 68 | |
Box 8 | Folder 69 | |
Box 8 | Folder 70 | |
Box 8 | Folder 71 | |
Box 8 | Folder 72 | |
Box 8 | Folder 73 | |
Box 8 | Folder 74 | |
Box 8 | Folder 75 | |
Box 8 | Folder 76 | |
Box 8 | Folder 77 | |
Box 8 | Folder 78 | |
Box 8 | Folder 79 | |
Box 8 | Folder 80 | |
Box 8 | Folder 81 | |
Box 8 | Folder 82 | |
Box 8 | Folder 83 | |
Box 8 | Folder 84 | |
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Box 8 | Folder 89 | |
Box 8 | Folder 90 | |
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Box 9 | Folder 1 | |
Box 9 | Folder 2 | |
Box 9 | Folder 3 | |
Box 9 | Folder 4 | |
Box 9 | Folder 5 | |
Box 9 | Folder 6 | |
Box 9 | Folder 7 | |
Box 9 | Folder 8 | |
Box 10 | Folder 1 | |
Box 10 | Folder 2 | |
Box 10 | Folder 3 | |
Box 10 | Folder 4 | |
Box 10 | Folder 5 | |
Box 10 | Folder 6 | |
Box 10 | Folder 7 | |
Box 10 | Folder 8 | |
Box 10 | Folder 9 | |
Box 10 | Folder 10 |