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Full-Text Articles in Law

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger Apr 1959

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger

Michigan Law Review

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.


Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed. Apr 1959

Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed.

Michigan Law Review

Petitioner union was certified as exclusive bargaining representative of an employees' unit in 1953. When contract negotiations faltered, the union called a strike and began picketing the employer's retail store. The picketing continued for two years during which time the employer permanently replaced the strikers with non-union employees. In 1955 the union lost a new representation election by a vote of 28 to 1 and was decertified. When the picketing persisted, the employer petitioned the National Labor Relations Board, charging the union with an unfair labor practice. The Board, after finding that the union's objective was exclusive recognition, held that …


The Law Of The Collective Agreement, Charles O. Gregory Mar 1959

The Law Of The Collective Agreement, Charles O. Gregory

Michigan Law Review

The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.


Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly Jan 1959

Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly

Michigan Law Review

An arbitrator, acting under a collective bargaining agreement which called for a "speedy arbitration" procedure, issued an award enjoining the unions from continuing a slowdown in violation of that clause of the agreement forbidding strikes, lockouts, and slowdowns. A Supreme Court order granted the employers' motion to confirm the award and overruled the unions' cross motion to vacate. The unions claimed that the arbitrator, in issuing the injunction, had exceeded the powers granted him under the agreement and had acted contrary to section 876a of the Civil Practice Act (the New York Anti-Injunction Act). The Appellate Division affirmed the order …