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Full-Text Articles in Law

Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed. Jun 1954

Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.

Michigan Law Review

ln the first of three cases involving employer encouragement of union membership the National Labor Relations Board held that a union had violated section 8(b)(2) of the amended National Labor Relations Act by inducing an employer to refuse to hire a union member who had failed to comply with the union's rules as to job clearances. The Court of Appeals for the Second Circuit rejected the union's contention that the employer's action was not such as to encourage union membership and enforced the Board's order. In the second case a union was found by the board to nave violated section …


Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr. Jun 1950

Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.

Michigan Law Review

In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …


Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers Jun 1945

Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers

Michigan Law Review

Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.


The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin Oct 1944

The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin

Michigan Law Review

The National War Labor Board has reached the respectable age of two years. Supported originally only by the President's war powers, it has secured compliance with its orders, has weathered a minor congressional investigation, and has built up a body of decisions whose effect will continue after the war. These facts, as well as certain signs of the conservatism which appears to strike all government agencies at one time or another, entitle the board to a short survey of certain aspects of its jurisdiction and authority.


The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith May 1941

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …


Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly Mar 1941

Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly

Michigan Law Review

A one-day sit-down strike occurred in the employer's plant on March 16, 1937. A general strike was called on the following day and lasted until June 24, 1937. On March 25, 1937, the employer sent a notice to all employees including the "sit-downers" urging them to return to work. The National Labor Relations Board found the company guilty of various unfair labor practices, all of which occurred during the general strike, and ordered a reinstatement of all employees who were on strike March 23, 1937, with back pay and full seniority rights. Petitioner asserted that the men who engaged in …


The Labor Relations Acts-Their Effect On Industrial Warfare, Lennart Larson Jun 1938

The Labor Relations Acts-Their Effect On Industrial Warfare, Lennart Larson

Michigan Law Review

This article is addressed to the query whether the labor relations acts have any effect on the ends and means of labor warfare. During the hey-day of the NIRA, decisions may be found which indicated that industrial warfare for the objects within the regulatory power of the code authorities was unlawful. Strikes and picketing were enjoined where carried on for higher wages and hours, objects which were thought properly to be for code authorities to adjust. Those decisions were of dubious soundness, but they suggest an argument which may be advanced under the labor relations acts. The NIRA was of …