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Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach
Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach
Michigan Law Review
The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …
Labor Law - Lmra - Discrimination Discharge - Effect Of Legal Ground For Discharge Where Possible Dual Motivation Exists, Joy Tannian S.Ed.
Labor Law - Lmra - Discrimination Discharge - Effect Of Legal Ground For Discharge Where Possible Dual Motivation Exists, Joy Tannian S.Ed.
Michigan Law Review
Respondent discharged an employee under the terms of a union contract which provided that employees could be discharged for failure to carry out the employer's orders. It was undisputed that the employee had failed to submit required reports on at least two occasions. A complaint alleging the commission of an unfair labor practice was filed. The National Labor Relations Board found that the employee had been discharged as a :reprisal for his union activities in violation of section 8 (a)(1) of the amended National Labor Relations Act. The Board ordered reinstatement under section 10 (c) of the act. In an …
An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.
An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.
Vanderbilt Law Review
During the Industrial Revolution, the growth of enormous industrial establishments with a correspondingly large number of workers hired to perform increasingly simple tasks manifested the inability of an individual effectively to bargain with an employer concerning wages, hours, and other terms and conditions of the employment relationship. The resulting discontent among workers produced long and bitter, often bloody, outbreaks of economic warfare between employers and employees. In the abstract, freedom of contract was possible still, but as a practical matter employment benefits and obligations were largely established by managerial fiat. It was felt that if employees could effectively unite for …
Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.
Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.
Michigan Law Review
Plaintiff employer, operator of a retail food store, refused to sign a contract with a union representing the only two butchers then employed by him on the ground that acceptance of a clause in the contract making the union the exclusive bargaining representative of all butchers in his establishment would violate the state right to work statute. The two butchers went on strike and began picketing the employer's establishment. The employer thereupon hired a non-union butcher and sought to have the picketing enjoined. The state district court denied the injunction. On certiorari to the state supreme court, held, reversed, …
Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.
Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.
Michigan Law Review
During negotiations for a new contract, the union engaged in harassing action against the employer by promoting an organized refusal to work overtime, extending rest periods without authorization, directing employees to refuse to work special hours, encouraging slow-downs and unannounced walkouts, and inducing employees of a subcontractor not to work for their employer. There was no specific demand which the activity was designed to enforce. The National Labor Relations Board found that this activity was evidence of a failure on the part of the union to bargain in good faith, and was, therefore, a violation of section 8 (b) (3) …
Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.
Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.
Michigan Law Review
Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Michigan Law Review
Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …
Labor Law - Lmra - Strike Without Compliance With Arbitration Clause Of Collective Agreement As Unprotected Concerted Activity, Hazen V. Hatch S.Ed.
Labor Law - Lmra - Strike Without Compliance With Arbitration Clause Of Collective Agreement As Unprotected Concerted Activity, Hazen V. Hatch S.Ed.
Michigan Law Review
A dispute arose over the working hours and assignment of one of the employer's truck drivers. The employer suggested to the union that they refer the question to an arbitration panel for adjudication. The collective bargaining agreement provided that the panel was to be the exclusive means of settling all such matters, but the agreement did not contain a specific no-strike clause. The union refused to arbitrate and ordered a strike. Subsequently, the employer discharged twenty of the strikers and then refused to reinstate them at the termination of the strike. The union claimed that the strike was a protected …
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Michigan Law Review
The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …