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Articles 1 - 27 of 27
Full-Text Articles in Law
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Michigan Law Review
Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …
Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review
Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review
Michigan Law Review
The conventional National Labor Relations Board (NLRB) remedy against an employer who has violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with a properly certified union is a cease-and-desist order coupled with a directive ordering the employer to bargain with the union at the union's request. However, the interval between an employer's initial refusal to bargain and the final entry of a court of appeals' decree enforcing the NLRB's order to bargain has often been of such long duration that unions have complained that the conventional remedy is relatively meaningless and ineffective. The unions' …
Common Situs Picketing And Section 8(B)(4) Of The National Labor Relations Act, Michael A. Brodie
Common Situs Picketing And Section 8(B)(4) Of The National Labor Relations Act, Michael A. Brodie
William & Mary Law Review
No abstract provided.
Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Michigan Law Review
Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …
Constitutional Law - Equal Protection - Duplication Of Unemployment And Workmen's Compensation Benefits - Fox V. Michigan Employment Security Commission, 153 N.W. 2d 644 (Mich. 1967), Michael Collins
William & Mary Law Review
No abstract provided.
The Wage Priority Issue: Formula For Consensus, Gary D. Spivey
The Wage Priority Issue: Formula For Consensus, Gary D. Spivey
Indiana Law Journal
No abstract provided.
Vertical Conflicts: The Role Of State Law In Suits Under Section 301, Edward J. Hardin, Joseph C. Miller
Vertical Conflicts: The Role Of State Law In Suits Under Section 301, Edward J. Hardin, Joseph C. Miller
Vanderbilt Law Review
One of the most difficult practical problems posed by our federal system arises when the judicial institutions of one law-making authority are enlisted to enforce and protect rights created by another. While the United States Supreme Court through its appellate jurisdiction is the institution charged with the final responsibility for overseeing a satisfactory solution to this problem, and while the Court can indicate how competing interests are to be harmonized in specific controversies and provide some principles which may be useful in different contexts, it cannot review every state 301 suit. In the long run, success depends upon the earnest …
Remedial Effectuation Of The Policies Of The Nlra, Edwin A. Harper
Remedial Effectuation Of The Policies Of The Nlra, Edwin A. Harper
Indiana Law Journal
No abstract provided.
Conflict Of Interest, Edward Perry Johnson
Conflict Of Interest, Edward Perry Johnson
West Virginia Law Review
No abstract provided.
Labor Law--Public Employee's Right To Strike, Peter Thomas Denny
Labor Law--Public Employee's Right To Strike, Peter Thomas Denny
West Virginia Law Review
No abstract provided.
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Michigan Law Review
The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
University of Michigan Journal of Law Reform
This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …
Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review
Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review
Michigan Law Review
The NLRB has sought such judicial assistance in almost a dozen cases, and in most of these the courts have assumed an active role in the enforcement of the Excelsior rule. However, a few courts have not been receptive to such enforcement, and the NLRB itself has experienced some difficulty in settling upon the proper grounds for requesting judicial aid. To date, the NLRB has advanced two theories as bases for court enforcement of the requirement that employers produce Excelsior lists: (I) it has sought-under section 1337 of the Judicial Code-to invoke the general jurisdiction of federal district courts to …
Recent Developments In The Creation Of Effective Remedies Under The National Labor Relations Act, Michael H. Stephens
Recent Developments In The Creation Of Effective Remedies Under The National Labor Relations Act, Michael H. Stephens
Buffalo Law Review
No abstract provided.
Collective Bargaining: A Management View, Robert Abelow
Collective Bargaining: A Management View, Robert Abelow
Vanderbilt Law Review
In the area of grievance and arbitration machinery, unions are demanding protection against damage claims and court actions and insisting that arbitration be the sole and exclusive remedy for all disputes. Not only are unions insisting upon arbitration of grievances arising under the contract, but they are also insisting upon arbitration of other types of disputes growing out of the relationship between the parties, whether covered by the contract or not. Unions also seek immunity from damage claims in the event of so-called "wildcat strikes" and fiercely resist provisions which would enable management to obtain relief from courts when "no-strike" …
Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)
Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)
William & Mary Law Review
No abstract provided.
Duty To Bargain On A Decision To Terminate Or Relocate Operations
Duty To Bargain On A Decision To Terminate Or Relocate Operations
Washington and Lee Law Review
No abstract provided.
Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review
Michigan Law Review
In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …
Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo
Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo
Duquesne Law Review
At the heart of every representation election campaign lie the communications made by either side to the electorate-the stream of handbills, speeches, conversations and letters that seek to influence the final decision of the voters. It is through these partisan messages that employees obtain the bulk of information from which they must make a reasoned choice in accepting or rejecting unionization. On the one hand, limits have been imposed to restrict the content of what may be said by either party, while on the other, rules have been laid down to guarantee both employers and unions a reasonable opportunity to …
Contract Interference By Previous Employer, Robert I. Bendis
Contract Interference By Previous Employer, Robert I. Bendis
Cleveland State Law Review
Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …
Labor Law—Unemployment Compensation—Applicable Disqualification Provision Where Claimant Is Discharged For Breach Of A No-Strike Clause, Stuart B. Bedell
Labor Law—Unemployment Compensation—Applicable Disqualification Provision Where Claimant Is Discharged For Breach Of A No-Strike Clause, Stuart B. Bedell
Buffalo Law Review
Claim of Heitzenrater, 19 N.Y.2d 1, 224 N.E.2d 72, 277 N.Y.S.2d 633 (1966).
Labor Law—Nlrb's Lack Of Remedial Power In A Runaway Plant Situation, Charles J. Scibetta
Labor Law—Nlrb's Lack Of Remedial Power In A Runaway Plant Situation, Charles J. Scibetta
Buffalo Law Review
Local 57, Garment Workers v. NLRB (Garwin Corp.), 374 F.2d 295 (D.C. Cir. 1967).
Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson
Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson
Kentucky Law Journal
No abstract provided.
Collective Bargaining Without Work Stoppages?, Alvin L. Goldman
Collective Bargaining Without Work Stoppages?, Alvin L. Goldman
Kentucky Law Journal
No abstract provided.
Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt
Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt
Kentucky Law Journal
No abstract provided.
The Negro And Fair Employment, Irving Kovarsky
The Negro And Fair Employment, Irving Kovarsky
Kentucky Law Journal
No abstract provided.
The Authorization Card Dilemma, Michael F. Rosenblum
The Authorization Card Dilemma, Michael F. Rosenblum
Villanova Law Review
No abstract provided.