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The Unanswered Questions Of American Ship, Michigan Law Review
The Unanswered Questions Of American Ship, Michigan Law Review
Michigan Law Review
The National Labor Relations Act does not specifically prohibit an employer from temporarily locking out his employees during collective bargaining negotiations. For many years, nevertheless, only lockouts used solely to avoid substantial economic loss as a result of union action-so-called "defensive" lockouts-were allowed. However, the emphasis which Congress placed on equality of bargaining pressure in enacting the Taft-Hartley amendments to the NLRA has caused a change in this judicial attitude. Although a few courts have gone so far as to suggest that the lockout should be as freely available as the strike, the United States Supreme Court has been more …
Labor Law-Nrab Awards In Work Assignment Disputes Are Unenforceable Unless The Board Has Considered The Interest Of The Competing Union-Order Of R.R. Telegraphers V. Union Pac. R.R., Michigan Law Review
Labor Law-Nrab Awards In Work Assignment Disputes Are Unenforceable Unless The Board Has Considered The Interest Of The Competing Union-Order Of R.R. Telegraphers V. Union Pac. R.R., Michigan Law Review
Michigan Law Review
The Order of Railroad Telegraphers filed a complaint with the National Railroad Adjustment Board (NRAB), alleging that the Union Pacific Railroad had violated its collective bargaining agreement with the union by assigning work covered by that agreement to members of the Brotherhood of Railway and Steamship Clerks. The Telegraphers sought damages in the form of back pay, but did not demand job reinstatement. Notice of the Telegrapher's claim was served on the Clerks who declined to appear before the Board since they viewed the dispute as one which involved only an interpretation of the contract between the Telegraphers and the …
Labor Law--Nlrb Refuses To Apply Related Work Doctrine To Construction Site Picketing--Building And Construction Trades Council (Markwell & Hartz), Michigan Law Review
Labor Law--Nlrb Refuses To Apply Related Work Doctrine To Construction Site Picketing--Building And Construction Trades Council (Markwell & Hartz), Michigan Law Review
Michigan Law Review
The New Orleans Building and Construction Trades Council, an association of craft unions, was engaged in a labor dispute with Markwell & Hartz, the general contractor on a construction project. In support of its dispute with the general contractor (primary employer), the Council picketed all gates leading to the job site, although some gates had been specifically reserved for the exclusive use of those subcontractors (secondary employers) with whom the union had no dispute. Employees of the subcontractors refused to cross the picket line to perform work pursuant to their employers' contracts with the general contractor. Markwell & Hartz filed …
Labor Law-State Court Jurisdiction Over Employee's Damage Action Against Union For Failure To Process Fully Grievance Is Not Pre-Empted By The Nlrb-Sipes V. Vaca, Michigan Law Review
Labor Law-State Court Jurisdiction Over Employee's Damage Action Against Union For Failure To Process Fully Grievance Is Not Pre-Empted By The Nlrb-Sipes V. Vaca, Michigan Law Review
Michigan Law Review
Plaintiff, discharged by his employer on the ground that he was no longer physically able to work, enlisted the aid of his union to contest the dismissal. Under the provisions of the collective bargaining agreement between the union and the employer, the union was to seek redress of employee complaints by means of a five step grievance procedure, with arbitration as the final step. The union processed plaintiff's grievance without success through the first four steps of the procedure, but refused to take the issue to the arbitral level. Plaintiff brought suit against the union in a Missouri county circuit …