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Full-Text Articles in Law

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox Nov 1958

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox

Michigan Law Review

One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …


Restitution -- 1958 Tennessee Survey, William Wicker Oct 1958

Restitution -- 1958 Tennessee Survey, William Wicker

Vanderbilt Law Review

Civil remedies may be grouped under three classifications: torts, contracts, and restitution. The plaintiff's objective in a tort action is a recovery for his loss which resulted from the defendant's wrongful act, the measure of recovery being the amount of that loss expressed in dollars. The plaintiff's objective in a contract action is a recovery for a breach of the defendant's promise, the measure of recovery being the net addition to the plaintiff's estate which would have resulted had defendant performed his promise. Restitution is a giving back of what has been taken away unjustly. The plaintiff's objective in a …


Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky May 1958

Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky

Michigan Law Review

The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike. The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the …


Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed. Feb 1958

Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.

Michigan Law Review

Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …


Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


The United States Arbitration Act - A Reevaluation, Herbert Burstein Jan 1958

The United States Arbitration Act - A Reevaluation, Herbert Burstein

Villanova Law Review

No abstract provided.


Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed. Jan 1958

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …