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the purpose of collective bargaining protected from coercio-i.
The Court then went on to say that the
Constitutional provision was not a little Labor Relations
Act, that it was, instead, a declaration of a fundamental
right of individuals. They said it was selfexecuting
t<? lt-he extent that all provisions of the bill of rights were
self-executing. That is that any governmental action
in violation of the right was void and that as between
individuals -- because the Constitution declared a right,
the violation of which is a legal wrong, there is every
available appropriate remedy to redress or prevent its
violation; however, that the Constitutional provisions
required no affirmative duties concerning the right and
that the only remedies could be applied to their violation.
Does that explain to you what the legal consequences
unadorned might be?
DELEGATE DUKES: X think perhaps the word
you are groping for is yes or no'. Would it be the
position of the minority that this specific language
adopted in he proposed Constitution should or should not
permit mandatory relief to compel an employer to give
his best efforts for compulsory bargaining? |