Law Commons^™

Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter

Jesse Carter Opinions

A union member seeking reinstatement following payment of delinquent dues was not entitled to relief in court, as he had not yet exhausted his administrative remedies by appealing within the union its denial of his reinstatement application.

Charles H. Benton, Inc. V. Painters Local Union [Dissent], Jesse W. Carter

Jesse Carter Opinions

A trial court lacked jurisdiction to enjoin a painters' union and a truckers' union from picketing a corporation because where the corporation's paint business affected interstate commerce, the dispute was properly the jurisdiction of the NLRB.

Garmon V. San Diego Bldg. Trades Council [Dissent], Jesse W. Carter

Jesse Carter Opinions

Appellants were properly held liable for damages sustained by the company when appellants' conduct in picketing and using language to install fear of injury induced building contractors to discontinue their patronage of the company.

Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson

Michigan Law Review

The publicity given in the past few years to the loyalty and security program has brought the civil servant of the federal government increasingly before the public eye. At the same time little attention has been paid to the plight of a civil servant who is dismissed from his post for reasons other than those relating to loyalty and security. It is the purpose of this paper to consider different aspects of the removal of civil servants. We shall discuss (1) the government's power to remove civil servants both at common law and under statutes which deal with the exercise …

Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed.

Michigan Law Review

In McAllister Transfer, Inc. the National Labor Relations Board decided to reconsider the question of "hot cargo" clauses. In this case, the Teamsters' union requested McAllister, a non-union cartage company, to recognize it as the bargaining representative of McAllister's employees, and submitted a proposed contract to the employer. When McAllister refused to recognize the Teamsters, the union announced that the company would be "shut off" from interlining freight. Accordingly, the Teamsters induced those of their members who were working for three other carriers not to handle McAllister freight. Each of these other carriers was a party to a cartage agreement …

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …

Labor Law - Certified Union's Loss Of Majority Status During Certification Year And Without Fault Of Employer As Justification For Refusal To Bargain, Eugene Alkema S.Ed.

Michigan Law Review

The "one year certification rule" was originated in the early years of the National Labor Relations Board and has been consistently applied by it. Essentially it provides that after certification an employer is required to bargain with the certified union for a reasonable time, which is usually one year in the absence of "unusual circumstances." The certified union is conclusively presumed to represent a majority of employees in the unit for that period, the presumption afterward becoming rebuttable. This system of successive conclusive and rebuttable presumptions represents a compromise between the competing policies of giving a union time to establish …

Partial Strikes And National Labor Policy, Richard Mittenthal

Michigan Law Review

Some authorities have argued that "partial strike" is a misnomer and a contradiction in terms. In their view, a partial strike is not in fact a "strike" and should not be entitled to any of the legal benefits and protections which may stem from a strike status. That argument is discredited today, especially because of the broad definitions which were incorporated in the amended National Labor Relations Act. In Title V, section 50 l (2) of the act, Congress said: "The term 'strike' includes any strike or other concerted stoppage of work by employees ... and any concerted slowdown or …

Labor Law - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed.

Michigan Law Review

After continued employer demands to discuss contract ratification and strike authorization clauses, the union discontinued contract negotiations on the ground that such proposals constituted interference with its internal affairs and as such were not within the scope of mandatory collective bargaining as defined by sections 8 (d) and 9 (a) of the amended National Labor Relations Act. The National Labor Relations Board found the union's action to be the result of the employer's refusal to bargain in compliance with section 8 (d) and issued an appropriate order directing the company to cease and desist from insisting upon these proposals to …

Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.

Michigan Law Review

Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …

The New Union Shop Provision In The Railway Labor Act

Indiana Law Journal

No abstract provided.

Labor Law-Denial Of Rank-And-File Employment To Foreman Discharged For Economic Reasons After Engaging In Union Activity [N.L.R.B. V. Columbus Iron Works Co., Fed. 1954].

Washington and Lee Law Review

No abstract provided.

Labor Law And Workmen's Compensation -- 1955 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

In Stokeley Van Camp, Inc. v. United Packinghouse Workers of America, the company and the union had entered into a collective bargaining agreement under which there were to be no strikes or lock-outs pending the use of the grievance and arbitration procedures provided in the contract. The chancellor enjoined members of the union from participating in a strike, and in such incidental activities as mass picketing, and threatening and intimidating persons seeking to enter and leave the plant. The company's bill and affidavits indicated the existence of a strike with mass picketing and threats of violence. The union did not …

Section 8(D) (4) Limitations On The Right To Strike: A Criticism

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

Antitrust And Labor, Russell A. Smith

Michigan Law Review

The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …

The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack

Vanderbilt Law Review

Even before Mr. Marbury, the public employee and his government have frequently found themselves on opposite sides of the counsel table. Not that public employees are a particularly litigious lot. Faced, however, with the willingness of administrators to deal with them politically and the unwillingness of legislators to protect them adequately, their resort to the courts was inevitable. But the courts also often provided inadequate protection. Decisions which combined ancient concepts with more than a touch of political realism accorded scant recognition to the substantial interests of the ever-growing number of public employees.

In recent years, the traditional cliches in …

Washington Case Law-1954; Agency, William D. Cameron

Washington Law Review

Covers cases on presumption as to scope of employment.

Labor Law, Robert M. Westberg

Washington Law Review

Covers cases on the effect of arbitration agreements.

Unemployment Compensation Benefits--Eligibility--Refusal To Accept "New Work", B. F. D.

West Virginia Law Review

No abstract provided.

Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.

Michigan Law Review

Plaintiff-employee was informed by the defendant, his employer, that his employment would be terminated because he had attained the age of sixty-five and it was the policy of the defendant to retire such employees. There was evidence indicating that this policy had been in practice uniformly for several years, but it was not incorporated in the collective bargaining agreement between defendant and plaintiff's union. Plaintiff sued for damages for violation of his rights under the collective agreement. Held, judgment for plaintiff. The legal and practical effect of compulsory retirement is the same as a discharge, and plaintiff's employment was …

Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers

Michigan Law Review

An employer unilaterally instituted a stock purchase plan, membership in which was voluntary and open to regular employees who had at least one year of service and were at least thirty years of age. Members, through authorized payroll deductions, were to contribute monthly not less than five dollars but not more than five percent of their earnings. The employer contributed monthly an amount equal to fifty percent of each member contribution and annually an amount dependent upon the ratio of profits to invested capital, up to a combined total of seventy-five percent of the members' contributions. Member contributions were kept …

Labor Law - Organizational Picketing In Industries Not Affecting Interstate Commerce, Arne Hovdesven

Michigan Law Review

Representatives of defendant union approached plaintiff, proprietor of a small liquor store, with information that they planned to initiate an organizational campaign to obtain the membership of the store's three clerks, none of whom were members of any union at that time. Subsequent to this meeting, a picket line of two men was established and was maintained without any acts of violence, for over nineteen months until halted by a permanent injunction issued by the New York Supreme Court, Appellate Division. The union did not make any demands upon plaintiff to sign a contract or to recognize it as bargaining …

Collective Bargaining In The Railroad Industry. By Jacob J. Kaufman., Mark L. Kahn

Buffalo Law Review

No abstract provided.

Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.

Michigan Law Review

Under what circumstances has an employee "voluntarily" left work so as to disqualify him from receiving benefits under an unemployment compensation act? This general question has troubled the courts for a considerable time and has presented itself in a variety of fact situations, e.g., leaving work because of labor disputes and for personal reasons. The courts' interpretation of the meaning of "voluntarily" has generally been influenced by numerous considerations such as the policy behind unemployment compensation, the specific terminology of the statute involved, and the procedure for financing the plans. The specific problem with which this comment deals is summarized …

Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott

Michigan Law Review

Before discussing the application of the 1954 Internal Revenue Code with regard to the taxability of meals and lodging furnished an employee by his employer, several fundamental tax concepts should be examined. The first of these involves the definition of gross income, which for many years has been cast in broad statutory language. For example, section 22(a) of the 1939 Internal Revenue Code provided that gross income includes " ... gains, profits, and income derived from salaries, wages, or compensation for personal service ... of whatever kind and in whatever form paid .... " Comprehensive as these terms appear, gross …

Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed.

Michigan Law Review

One hundred and seventy employees of the respondent, predominantly union members, engaged in an "economic'' strike. Thirty of them returned during the strike; the others were permanently replaced. After the strike had ceased, the union asked the respondent if it would take back the remaining strikers as soon as possible, to which the respondent replied that it would rehire them when it could. About 100 strikers then applied for employment and 73 were rehired. The remaining strikers caused a complaint to be filed, alleging discrimination in violation of section 8 (a) (3) of the amended National Labor Relations Act. The …

Encouragement Of Employment Of The Handicapped, Howard D. Fabing, Roscoe L. Barrow

Vanderbilt Law Review

Six million Americans of employable age have a physical impairment which is sufficiently serious to hinder them in finding employment. Included among the handicapped are orthopedics, those having defective vision, hearing or speech, cardiacs, diabetics, epileptics, and others. Employment of handicapped persons is in the interest of society. Employed, the handicapped are tax-payers; unemployed, they are tax-spenders. If they are not given the employment which they desire the handicapped are forced to become a charge on society. To secure their employment, however, is a problem of great magnitude, requiring the cooperation of employers, employees, interested civic organizations and governmental agencies …

Some Problems Arising Under The Workmen's Compensation Law Of Tennessee, R. Wayne Estes, Doris A. Dudney

Vanderbilt Law Review

Although there are many problems arising under the Workmen's Compensation Laws of Tennessee, it appears that here, as elsewhere, the most difficult questions are those arising out of the interpretation of the phrases "injury by accident," "arising out of," and "in the course of," employment. The present study is therefore limited to a consideration of these three particular problems, and does not purport to be a comprehensive treatment of the entire topic of Workmen's Compensation Law in Tennessee.

Unemployment Compensation--Disqualification--Voluntary Idleness, R. H. R.

West Virginia Law Review

No abstract provided.