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Unfair Representation As An Unfair Labor Practice, Michigan Law Review
Unfair Representation As An Unfair Labor Practice, Michigan Law Review
Michigan Law Review
In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Michigan Law Review
On June 22, 1965, the Court of Appeals for the Fifth Circuit entered an order requiring the Jackson, Mississippi, Municipal Separate School District to submit a plan for the total desegregation of the district, and specifically requiring that at least four grades be desegregated in the school year 1965-1966. In reaching its decision, the court gave "great weight" to the standards used by the Office of Education of the United States Department of Health, Education, and Welfare (HEW) to determine whether schools qualify for federal financial assistance. The court reasoned that since the objectives of both the judiciary and the …