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Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review
Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review
Michigan Law Review
Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended …
Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager
Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager
Michigan Law Review
The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …
Constitutional Law - Commerce Clause - Scope Of Federal Power Over Intrastate Activities-Fair Labor Standards Act, Michigan Law Review
Constitutional Law - Commerce Clause - Scope Of Federal Power Over Intrastate Activities-Fair Labor Standards Act, Michigan Law Review
Michigan Law Review
Authority of Congress to regulate intrastate activities through the commerce clause is derived from two principal sources: (1) the federal power to preserve the flow of commerce by eliminating potential burdens and obstructions; (2) the federal power to prohibit the interstate transportation of goods resulting in the spread of conditions which Congress considers detrimental to the general welfare. Utilization of the first source of authority over intrastate activities is exemplified by the National Labor Relations Act, enabling the federal government to regulate an aspect of local production likely to burden commerce. Utilization of the second source of authority is exemplified …
Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review
Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review
Michigan Law Review
The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant's contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff's order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the …