Why Favor Labor Unions?
The case law is filled with references to the intent of Congress to favor labor unions by granting the antitrust exemption. No court has ever addressed the issue of whether such favor is justified on constitutional grounds. Congress has spoken, and that is the end of the story. But why did Congress think it was proper to make this choice in the 1930s, and why does Congress not reverse this choice today? There are at least three explanations for Congress’ determination to favor labor unions. A. Muddled Thinking Politicians are often guilty of woolly, sentimental thinking. For example, Section 6 of the Clayton Act proclaims that unions deserve special privileges because “the labor of a human being is not a commodity or article of commerce.” This is unmitigated nonsense. People, of course, are not commodities or articles of commerce – i.e., they are not bought and sold – but labor is, no matter what the politicians say. A person’s labor consists of the useful services that he or she is ab
