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Labor and Employment Law

National Labor Relations Board

1956

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Full-Text Articles in Law

Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed. Apr 1956

Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed.

Michigan Law Review

The National Labor Relations Board issued a back pay order in favor of the victim of a discriminatory discharge, computing the award on the basis of the earnings of the dischargee's replacement during the period of discrimination less the amount actually earned by the dischargee in other employment during the same period. The dischargee had registered with the state unemployment agency but had earned only $294.20 over a two-year period. On petition for enforcement of the order, held, order set aside and case remanded. Where a dischargee earns only a small amount of money over a long period of …


Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed. Jan 1956

Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.

Michigan Law Review

Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …