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- Interference (3)
- Interstate commerce (3)
- Coercion (2)
- National Labor Relations Act (2)
- Scope (2)
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- Wages (2)
- American Federation of Labor v. Swing (1)
- Apex Hosiery Co. v. Leader (1)
- Arbitrary action (1)
- Assignment contracts (1)
- Back wages (1)
- Bad faith (1)
- Bargaining power (1)
- Benefits (1)
- Blame (1)
- Boarding passes (1)
- Books (1)
- Breach of contract (1)
- Burglar alarm systems (1)
- Carpenters & Joiners Union of America Local 213 v. Ritter's Cafe (1)
- Check off provisions (1)
- Chicago (1)
- Closed shop (1)
- Clothing manufacturers (1)
- Coley v. Atlantic Coast Line R. R. (1)
- Contempt (1)
- Contract beneficiaries (1)
- Cost of living (1)
- Criminal racketeers (1)
- Cudahy Packing Co. v. Holland (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich
Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich
Michigan Law Review
The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within …
Labor Law - Coverage Under Fair Labor Standards Act Of Service Employees Of Loft Building Whose Tenants Are Engaged In Commerce, Lee B. Brody
Michigan Law Review
Defendant was a lessor of a loft building, portions of which were occupied by clothing manufacturers who shipped their products into interstate commerce. As part of its obligation under the lease, the defendant offered service and maintenance of the building, employing for that purpose elevator operators, watchmen, firemen, an engineer, a carpenter and his helper, and a porter. Defendant appealed from an injunction prohibiting it from further violating the wage provisions of the Fair Labor Standards Act of 1938. The circuit court of appeals affirmed the judgment of the district court granting the injunction. Held, on certiorari, one justice …
Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer
Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer
Michigan Law Review
Defendant Teamsters Union and twenty-six individual defendants were convicted for the violation of the Antiracketeering Act. Defendants had by threats of violence forced the owners of all trucks entering the city of New York to pay members of defendant union the regular union wage for driving and unloading a truck regardless of whether the tendered services were accepted. Held, the act was not intended to apply to such labor activity, and defendant did not violate the act if the money was received with the intention of rendering services therefor, even if the services were not accepted. Such payments constituted …
Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph
Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph
Michigan Law Review
In July the union of which plaintiffs were members and the defendant railroad company entered a collective bargaining agreement fixing seniority rights. In September representatives of the union and the railroad adopted a seniority roster purporting to be in accordance with the terms of the July agreement. Plaintiffs, contending that the roster violated their rights under the July agreement, sought an injunction to compel revision of the roster or to prevent it from going into effect. Held, injunction denied. The union has the power to modify the rights of the individuals under the collective bargaining agreement if it does …
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Michigan Law Review
For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Michigan Law Review
The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Michigan Law Review
In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.
Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff
Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff
Michigan Law Review
The National Labor Relations Board brought contempt proceedings against the defendant company for its refusal to comply with a consent decree ordering the defendant to bargain with the union selected as the sole representative of its employees. Negotiations between the defendant and the union were carried on, but no written agreement was reached, and it was charged that the defendant company acted in bad faith in its failure to agree to certain provisions of the proposed contract. Held, that the defendant's refusal to enter into a written contract respecting working conditions already existing was bad faith and amounted to …
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Michigan Law Review
A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …
Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff
Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff
Michigan Law Review
The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section …
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Michigan Law Review
In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …
Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf
Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf
Michigan Law Review
A dispute between International Union of Aluminum Workers and the Aluminum Company of America arose over the extension of a wage differential between the latter's northern and southern plants and the lack of a substantial differential between workers on the day, afternoon and night shifts. After the parties had failed to settle the dispute, the National War Labor Board took jurisdiction. Held, the north-south wage differentials should be whittled down, but not so drastically as to produce disruptive effects, and the night workers should be entitled to moderate bonuses. The board based its decision on two fundamental premises: (1) …
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Michigan Law Review
When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …
Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin
Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin
Michigan Law Review
The employer entered into a collective bargaining agreement with the employees as represented by Union A, recognizing Union A as the exclusive bargaining agent and giving it a closed shop. The contract was entered into in September, 1940, and was to last until September, 1942, with a provision for certain modifications before that time. Pending negotiations for modifications, a large number of the members of Union A decided to transfer affiliation to Union B. On September 24, 1941, Union B filed a petition under the Wagner Act to be certified as the sole bargaining agent. Union A resisted …
Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review
Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review
Michigan Law Review
Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …
Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin
Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin
Michigan Law Review
The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered …
Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer
Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer
Michigan Law Review
The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is …
Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell
Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell
Michigan Law Review
God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …
Company Unions Under The National Labor Relations Act, Burton Crager
Company Unions Under The National Labor Relations Act, Burton Crager
Michigan Law Review
Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …
Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge
Michigan Law Review
The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Michigan Law Review
Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …
Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review
Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review
Michigan Law Review
A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …
Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review
Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review
Michigan Law Review
The complainant, a milling and textile company employing about 2,000 men, brought this action to enjoin certain wage assignments made by 1,100 of its employees. The assignments, voluntarily made to the respondent union (certified by the National Labor Relations Board), directed the company to deduct from each laborer's pay at the end of every month the amount of his union dues. The complainant had previously refused to sign a contract with the union which embodied a "check-off" provision. Held, the mass assignment being prejudicial to the rights of the complainant, the injunction should be granted. Pacific Mills v. Textile …
Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills
Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills
Michigan Law Review
While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …
Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews
Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews
Michigan Law Review
Plaintiff voluntarily quit working for defendant November 7, 1939, to take another job which he reasonably expected to be permanent, but which ended in seven weeks because of a slack in business. He applied for benefits accrued under the Iowa Unemployment Compensation Act during his employment with defendant, to which he was entitled unless disqualified by reason of his voluntary quitting. Defendant employer opposed the claim to prevent charging of benefit payments against his fund. The experience rating features of the Iowa act provide that the smaller the depletion in an employer's fund, the lower his future compensation tax. Held …