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10 Lab. L.J. 895 (1959)
Legislative Decision-Making in Labor Relations

handle is hein.journals/labljo10 and id is 889 raw text is: Legislative Decision-Making in Labor Relations By HARRY SELIGSON The Colorado Labor Peace Act, which the author believes was enacted to punish labor rather than to correct unsatisfactory labor practices, is examined as a typical state labor code. Proceeding upon this basis, he suggests criteria to aid in determining the need for comprehensive state labor codes or to aid in assessing the effects of existing laws. Harry Seligson is professor of management at the University of Denver. M OST DISCUSSIONS on labor relations statutes center around the federal Labor-Management Relations Act of 1947. This is understandable. Aided by a judicially approved expanding concept of interstate commerce, the area of Congressional pre-emption keeps widening. Furthermore, the tendency to look increasingly to the federal government for aid, regulation and intervention focuses atten- tion on and dramatizes the activities of our federal legislative level. In spite of this, the area of regulation of intrastate labor-manage- ment relations remaining to the states is still of some significance. Twelve states-Colorado, Connecticut, Hawaii, Massachusetts, Minne- sota, New York, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Utah and Wisconsin have adopted comprehensive labor codes.' As a matter of fact, the provisions of the Taft-Hartley Act were modeled after these statutes, particularly those of Wisconsin and Colorado. Other states have considered adopting labor codes. Some, whose industrial relations are already regulated by statute, are interested in evaluating the effectiveness of these laws. This article directs itself to these objectives: (1) to describe the content and operation of a typical state labor code, that of Colorado; and (2) to suggest a framework of criteria which may help the execu- tive and legislative arms of state governments to determine the need for a comprehensive labor code or, if one already has been adopted, to help assess its effect (for illustrative purposes, these criteria will be applied to Colorado's Labor Peace Act). Background Along with other states, Colorado has had its share of violence in the labor-management field. In the latter part of the nineteenth 'Alfred W. Blumrosen, The Misinterpretation of Section 10(a), 9 LAROR LAW JOURNAL 265, 280 (April, 1958). Legislative Decision-Making 895

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