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- National Labor Relations Act (9)
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Articles 1 - 21 of 21
Full-Text Articles in Law
Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson
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.
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.
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 - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed.
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 …
Partial Strikes And National Labor Policy, Richard Mittenthal
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 - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.
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 …
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.
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 …
Antitrust And Labor, Russell A. Smith
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 …
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
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
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 …
Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.
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 …
Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott
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.
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 …
Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.
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 …
Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling
Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling
Michigan Law Review
A union gave notice of its desire to modify the existing collective bargaining agreement sixty days before the date when, according to the terms of the contract, modification would be allowed. Eight months later, but prior to the termination date of the contract, the union called a strike. After several weeks the employees returned to work but the employer refused to reinstate them on the ground that they had struck before the expiration date of the contract in contravention of section 8(d) of the amended National Labor Relations Act and had thereby lost their employees status. On petition to the …
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Michigan Law Review
Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …
Justice Murphy And The Welfare Question, Leo Weiss
Justice Murphy And The Welfare Question, Leo Weiss
Michigan Law Review
In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Michigan Law Review
A member of the United Electrical Workers Union was discharged from the J. H. Day Company because of his refusal to testify concerning his communist affiliation before the Ohio Un-American Activities Committee and because of the unfavorable publicity which had resulted. Under grievance procedure, the union brought the matter before arbitration. Findings, there was no just cause for dismissal. The employee is entitled to back pay and to reinstatement subject to security clearance. J. H. Day Company,. 22 LAB. Aim. RBP. 751 (1954).
Labor Law - Labor-Management Relations Act - Applicable Remedies When An Employer Transers To A New Location To Avoid Dealing With A Union, John F. Dodge, Jr. S.Ed.
Labor Law - Labor-Management Relations Act - Applicable Remedies When An Employer Transers To A New Location To Avoid Dealing With A Union, John F. Dodge, Jr. S.Ed.
Michigan Law Review
An interstate trucking concern with depots in numerous cities, was approached by a union seeking recognition as the bargaining representative of the office and clerical workers at one of the depots. The employer, after interrogating the employees involved as to their union affiliation, transferred the clerical work done at that depot to an office in a different city, but continued operating the trucking depot itself. The clerical employees were discharged but were offered reinstatement at the new location, together with reimbursement of the expenses of moving to the new location. Held, the employer violated sections 8(a)(1), 8(a)(3), and 8(a)(5) …
Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.
Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.
Michigan Law Review
After several months of unsuccessful negotiations on a new contract, a local union of truck drivers, affiliated with the A.F.L. Teamsters International Union, struck one of the members of a multi-employer bargaining association. The following day the remaining members of the association locked out their non-striking employees after advising the union that the action was the result of the union's strike against one member of the association, and that the employees who had been laid off would be recalled if the union withdrew its picket line and ended the strike. The union processed a complaint to the National Labor Relations …
Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.
Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.
Michigan Law Review
Plaintiff, an association of painting contractors, brought an action to enjoin strike activities by organized painters who had struck to obtain a contract provision prohibiting the use of pan-rollers while on union jobs. The plaintiff contended that the newly developed method of applying paint with rollers is faster and results in no deterioration of the standards of the trade. The defendant local union maintained that the application of paint with rollers is injurious to the health and safety of painters and fails to furnish either the long-lasting or finely finished quality characteristic of brush painting. Held, that the application …