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Full-Text Articles in Law
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 - 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 - 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 - 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 …
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 - 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 - 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 …