Law Commons^™

Labor Law-Boycotts And Coercion Of Neutral Employers Under The Taft-Hartley Act, Robert S. Griggs S. Ed.

Michigan Law Review

Four decisions rendered by the Supreme Court. at the close of the 1950 term may alleviate some of the confusion inherent in section 8(b)( 4)(A) of Title I of the Labor Management Relations Act of 1947. This section, whose concern is with the motive with which union activity is undertaken, rather than with the character of the activity itself, is probably the most "broadside" in the act. In essence, it purports to prohibit labor unions from engaging in or inducing strikes and concerted refusals to handle goods, "where an object thereof is ... forcing or requiring . . . any …

Hardman & Neufeld: The House Of Labor, Morris D. Forkosch

Michigan Law Review

A Review of THE HOUSE OF LABOR. By J.B. S. Hardman and Maurice F. Neufeld.

Labor Law - Labor-Management Relations Act -Applicability Of Non-Communist Affidavit To Parent Federation, Robert S. Griggs

Michigan Law Review

The language of section 9(h) of Title I of the Labor Management Relations Act of 1947 conditions assertion of rights under the act by a labor organization upon its submission to the Labor Board of particularly described affidavits executed by each of its local officers and the officers of "any national or international labor organization of which it is an affiliate or constituent unit." The Board had considered the scope of the quoted phrase not to include the federation type of organization. The Court of Appeals for the District of Columbia Circuit had agreed with the Board's construction. The Fourth …

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

Smith: Labor Law: Cases And Materials, Harry Shulman

Michigan Law Review

A Review of LABOR LAW: CASES AND MATERIALS. By Russell A. Smith.

Unemployment Compensation-Effect Of The Merits Of A Labor Dispute On The Right To Benefits, Robert H. Frick S. Ed.

Michigan Law Review

Every state and territorial unemployment compensation act contains a provision disqualifying persons from receiving benefits whose unemployment is the result of a labor dispute or some form thereof. In most states these provisions have been applied to deny benefits to striking or locked-out workers regardless of the merits of the particular controversy. A few states have adopted provisions permitting at least a limited investigation into the question of fault. It is the purpose of this comment to discuss the extent to which the merits of labor disputes are and should be considered in determining workers' rights to benefits.

Unemployment Compensation-Effect Of The Merits Of A Labor Dispute On The Right To Benefits, Robert H. Frick S. Ed.

Michigan Law Review

Every state and territorial unemployment compensation act contains a provision disqualifying persons from receiving benefits whose unemployment is the result of a labor dispute or some form thereof. In most states these provisions have been applied to deny benefits to striking or locked-out workers regardless of the merits of the particular controversy. A few states have adopted provisions permitting at least a limited investigation into the question of fault. It is the purpose of this comment to discuss the extent to which the merits of labor disputes are and should be considered in determining workers' rights to benefits.

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …