Law Commons^™

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.

Michigan Law Review

In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …

Book Reviews, William N. Ethridge, Jr. (Reviewer), M. G. Dakin (Reviewer), A. B. Neil (Reviewer), C. M. Updegraff (Reviewer)

Vanderbilt Law Review

Book Reviews

The Roosevelt Court: A Study in Judicial Politics and Values By C.Herman Pritchett New York: The Macmillan Company, 1948, Pp. 314,$5.00

Lions Under the Throne By Charles P. Curtis, Jr. Boston: Houghton, Mifflin Company, 1947. Pp. 361. $3.50

The Nine Young Men By Wesley McCune New York: Harper & Bros.,1947. Pp. 293. $3.50

reviewer: William N. Ethridge, Jr.

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A Declaration of Legal Faith By Wiley Rutledge Lawrence, Kansas:University of Kansas Press, 1947. Pp. 82. $2.00

reviewer: M. G. Dakin

The Papers of Walter Clark: 1857-1901, Vol. 1 Edited by Aubrey Lee Brooks and Hugh T. Leffler Chapel …

Selekman: Labor Relations And Human Relations, Michigan Law Review

Michigan Law Review

A Review of LABOR RELATIONS AND HUMAN RELATIONS. By Benjamin M. Selekman.

Lester And Shister: Insights Into Labor Issues, Michigan Law Review

Michigan Law Review

A Review of INSIGHTS INTO LABOR ISSUES. Edited by Richard A. Lester and Joseph Shister.

Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.

Michigan Law Review

Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …

Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

Following a breakdown in negotiations over contract extension, plaintiff union, the certified representative of defendant's employees, sued in a federal district court, alleging that defendant was guilty of an unfair labor practice under the Labor-Management Relations Act in refusing to bargain in good faith. An injunction was sought requiring defendant to bargain with the union. The district court overruled motions' to dismiss for lack of jurisdiction and granted the relief requested. On appeal, held, reversed. The district court lacked jurisdiction to entertain the suit. Amazon Cotton Mills Co. v. Textile Workers Union, (C.C.A. 4th, 1948) 167 F. (2d) …

Killingsworth: State Labor Relations Acts, Michigan Law Review

Michigan Law Review

A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.

Availability Of Labor Injunction Where Employer Fails To Comply With Requirements Of Indiana Anti-Injunction Act

Indiana Law Journal

Recent Cases: Labor Law

The Validity Of Anti-Closed Shop Legislation

Washington and Lee Law Review

No abstract provided.

Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine

Washington and Lee Law Review

No abstract provided.

Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett

Washington Law Review

The underlying thesis of this critique is the notion that we are irrevocably committed to a federal labor policy of encouraging the establishment and maintenance of collective bargaining relationships. The economic wisdom of collective bargaining as a policy is somewhat beyond the scope of this discussion, yet some observations seem appropriate.

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Injunctions--Covenants In Employment Contracts--Extent Of Restriction

West Virginia Law Review

No abstract provided.

Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed.

Michigan Law Review

Employer and union had an existing collective agreement which provided detailed procedures for adjusting grievances, including arbitration as the final step, and contained a no-strike clause. Disputes arose concerning action taken by the employer affecting working schedules, overtime work, and other conditions of employment without consulting the union; and disciplinary measures were taken against certain employees in pursuance of the new working rules. The union finally called a strike, without filing grievances according to the contract procedure on the disputes which were the immediate causes of the strike. The employer discontinued hearings on two pending grievances and refused to negotiate …

Statutory Liability Of Railroad To Injured Employee

Indiana Law Journal

Recent Cases: Torts

Employer's Liability In Hiring Physically Unfit Employee

Indiana Law Journal

Recent Cases: Torts

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Ginzberg: The Labor Leader, Michigan Law Review

Michigan Law Review

A Review of THE LABOR LEADER, By Eli Ginzberg.

The Employment Security Program (With Special Reference To Tennessee Unemployment Insurance), E.J. Eberling

Vanderbilt Law Review

Employment security was one of the major programs for which provision was made in the Social Security Act of 1935. Under its terms a tax program was instituted which encouraged the states to enact unemployment insurance laws and expand their employment services. The Act imposed a federal tax on the payrolls of subject employers against which such employers were permitted to offset the major part of the taxes which they paid under state unemployment insurance laws. Since employers in states which did not enact appropriate insurance laws were liable for the full federal tax, the states acted speedily to set …

Some Union Unfair Labor Practices Under The Taft-Hartley Act

Washington and Lee Law Review

No abstract provided.

The Reemployment Provisions Of The Selective Service Act

Washington and Lee Law Review

No abstract provided.

The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith

Michigan Law Review

Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …

Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review

Michigan Law Review

A Review of PATTERNS OF UNION-MANAGEMENT RELATIONS. By Frederick H. Harbison and Robert Dubin.

The Taft-Hartley Act And Collective Bargaining, Jerome S. Wohlmuth, Rhoda P. Krupka

Maryland Law Review

No abstract provided.

Power Of A Municipal Corporation To Enter Into A Check-Off Agreement With A Labor Union - Mugford V. Mayor And City Council Of Baltiinore

Maryland Law Review

No abstract provided.

Comment On The Taft-Hartley Act, Title Iii, Thomas F. Broden

Journal Articles

A fair and just discussion of the Taft-Hartley Act is impossible without a fair determination of the purpose for which it was enacted. The Act itself explains that its purpose is to protect by legal procedures the rights of employees, employers, and the public concerning labor disputes affecting commerce. But to understand fully the basic purpose for this or another law applicable to labor-management relations, we must examine the justification for government activity in the economic sphere.

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …

Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey

Michigan Law Review

In a contempt action against the business agent of an A.F.L. furniture and van workers local for violation of an injunction based on statutes prohibiting "hot goods" and "secondary" boycotts, held, petitioner discharged; the statutes are violative of the Fourteenth Amendment of the federal Constitution in prohibiting peaceful picketing or other publication of the facts concerning a labor dispute in pursuance of an "agreement or combination to cause" any employee to stop handling certain goods or to put pressure on his employer to do so. ln re Blaney, (Cal.1947) 184P. (2d) 892.