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Labor Law OutlineFall 2004I. History Overviewa. Until the 19th Century, work wasnt based on freely bargained employment relationships. Rather, English law was based on the domestic relationships of master & servant growing out of the servants relationship in the masters household. b. In the Federal Period, labor market was mixture of free & paid labor; status based work. c. The Rise of the Factory System after the Civil Wari. Free Wage Labora. Contractually based relationships b. more specialized division of labor ii. Consequencesa. erosion of the need for craft skills appropriated by machinesb. growth in the scale of manufacturing enterprises loss of the intimacy of the antebellum shopc. change in the composition of the working forcea. supervisory positions were white males, but workers were children, immigrantsd. employers had unilateral power to make and enforce rules carte blanche. d. Rise of the Labor Movement after the Civil Wari. Less powerful unions formed and died with economic rises & depression until AFL formed under leadership of Samuel Gompers in 1886. a. AFL Philosophya. pure wage consciousness b. relied on economic powerc. not so radical, accepted idea that labor was commodity to be sold on a market, but that best way for the market to work was for the collective to organize. d. Business union want to maximize the return from the perspective of the workers. e. CIO rival develops in the 30sb. Also,

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