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Articles 1 - 30 of 35
Full-Text Articles in Law
Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming
Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming
Michigan Law Review
Legal rules of evidence do not, of course, apply before the labor arbitrator. This is not surprising since such rules were developed in connection with jury trials, and do not apply strictly in any tribunal but a jury-court. The whole theory of the arbitration tribunal is that it is composed of experts who repeatedly inquire into a relatively homogeneous kind of cases. Exclusionary rules are hardly required as a precautionary measure. Indeed, as the late Harry Shulman said in his classic Oliver Wendell Holmes lecture at Harvard in 1955, "The more serious danger is not that the arbitrator will hear …
Rights Of Federal Government Personnel Under The Copyright Act
Rights Of Federal Government Personnel Under The Copyright Act
Indiana Law Journal
No abstract provided.
Professional Associations And Qualified Pension Plans
Professional Associations And Qualified Pension Plans
Indiana Law Journal
No abstract provided.
Labor Law—Courts Lack Jurisdiction Over Dispute "Arguably Subject" To Nlrb Until Nlrb Declines Jurisdiction, Timothy C. Leixner
Labor Law—Courts Lack Jurisdiction Over Dispute "Arguably Subject" To Nlrb Until Nlrb Declines Jurisdiction, Timothy C. Leixner
Buffalo Law Review
Connecticut General Life Insurance Co. v. Superintendent of Insurance, 10 N.Y.2d 42, 217 N.Y.S.2d 39 (1961).
Labor Law -- 1961 Tennessee Survey, Paul H. Sanders
Labor Law -- 1961 Tennessee Survey, Paul H. Sanders
Vanderbilt Law Review
In considering basic rights in connection with labor organization, it must be noted that there may be a fundamental conflict between giving dominant emphasis to the interest of the group of organized workers in advancing and maintaining the standards applicable to the group as opposed to giving comparable emphasis to the wishes of the individual employee of a particular employer. The various policy statements contained in the Wagner Act, the Taft-Hartley Act of 1947 and the Landrum-Griffin Act of 1959 indicate a public interest (within the scope of federal authority) in the protection of employees' right to organize, to choose …
Comment: The Enforcement Of Agreements To Arbitrate, Irving Kovarsky
Comment: The Enforcement Of Agreements To Arbitrate, Irving Kovarsky
Vanderbilt Law Review
Three 1960 Supreme Court decisions' have limited the ability of litigants to challenge successfully the jurisdiction and award-making powers of labor arbitrators. The limitations imposed by the Court upon the judiciary's power to question the arbitrator, a reversal of traditional procedure, is of great significance and will unquestionably necessitate some readjustment on the part of management. This article attempts to place these recent developments in perspective and to suggest briefly certain practical changes in the attitudes of courts and contract negotiators that may result from them.
Some Dilemmas In The Injunction Against Recognitional Picketing, James P. Whyte Jr.
Some Dilemmas In The Injunction Against Recognitional Picketing, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.
The Right Of Public Employees To Strike
The Right Of Public Employees To Strike
Washington and Lee Law Review
No abstract provided.
Injunctive Relief For Breach Of A No-Strike Clause
Injunctive Relief For Breach Of A No-Strike Clause
Washington and Lee Law Review
No abstract provided.
The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.
The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.
West Virginia Law Review
No abstract provided.
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
West Virginia Law Review
No abstract provided.
Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton
Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton
West Virginia Law Review
No abstract provided.
Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen
Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen
West Virginia Law Review
No abstract provided.
Labor Law--Secondary Boycott--Inducement Of Neutral Employees And Threats Against Neutral Employer Held Unlawful Under 1959 L.M.R.D.A., Charles Harold Haden Ii
Labor Law--Secondary Boycott--Inducement Of Neutral Employees And Threats Against Neutral Employer Held Unlawful Under 1959 L.M.R.D.A., Charles Harold Haden Ii
West Virginia Law Review
No abstract provided.
Labor Relations - Disputes And Concerted Activites - Right Of Employees Of A Public Corporation To Strike, Roger Harris
Labor Relations - Disputes And Concerted Activites - Right Of Employees Of A Public Corporation To Strike, Roger Harris
Michigan Law Review
The Los Angeles Metropolitan Transit Authority Act provides that "employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection." The Transit Authority brought this action to obtain a declaratory judgment that its employees did not have the right to strike. The trial court upheld its contention. On appeal, held, reversed, two justices dissenting. This statutory language has been uniformly construed to include the right to strike. Since …
Past Practice And The Administration Of Collective Bargaining Agreements, Richard Mittenthal
Past Practice And The Administration Of Collective Bargaining Agreements, Richard Mittenthal
Michigan Law Review
In a recent United States Supreme Court decision, Mr. Justice Douglas, speaking for the majority, stated that "the labor arbitrator's source of law is not confined to the express provisions of the contract, as the industrial common law-the practices of the industry and the shop-is equally a part of the collective bargaining agreement although not expressed in it." When compared to actual management-union experiences in contract administration, this dictum seems unduly broad. It may be premature as well, for no coherent "rationale of grievance arbitration" has yet been developed. If such a rationale is to be achieved, far more work …
Health Plans And Collective Bargaining, By Joseph W. Garbarino, Taulman A. Miller
Health Plans And Collective Bargaining, By Joseph W. Garbarino, Taulman A. Miller
Indiana Law Journal
No abstract provided.
The N.L.R.B.'S Dues Reimbursement Remedy In Perspective, Arthur M. Schiller
The N.L.R.B.'S Dues Reimbursement Remedy In Perspective, Arthur M. Schiller
Vanderbilt Law Review
Where employees have been coerced to pay union dues, initiation fees, assessments, permit fees, referral fees, "dobies" and the like,an inequitable situation exists requiring that restitution be made by the parties whom the National Labor Relations Board determines to be legally responsible for having required that the payments be made. In an effort to restore the status quo in the particular situation and to deter others from entering into contracts and practices, which, in general, encourage membership in a labor organization,the Board has ordered a disgorgement remedy. An enunciation of the Board's power to fashion this remedial order was issued …
Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman
Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman
Michigan Law Review
In negotiations arising out of a "major dispute" under the Railway Labor Act, defendant's union representatives were prohibited by a provision in the union constitution from reaching any final agreement without the proposals having first been adopted by a majority vote of the union membership. At the bargaining table, the union representatives presented no specific proposals or counter-proposals; when a management offer was made and presented to the union membership, the representatives refused either to sign it or to recommend its adoption. The management proposal was defeated at the union referendum, and a strike date was set. Plaintiff railroad sought …
Right To Compensation Of De Jure And De Facto Officers Of Municipalities
Right To Compensation Of De Jure And De Facto Officers Of Municipalities
Washington and Lee Law Review
No abstract provided.
No-Strike Clauses In The Federal Courts, Frank H. Stewart
No-Strike Clauses In The Federal Courts, Frank H. Stewart
Michigan Law Review
One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Michigan Law Review
A New York statute, implementing a congressionally-approved interstate compact, prohibits a waterfront union from collecting dues if any officer of the union has been convicted of a felony, unless he has been subsequently pardoned or given a certificate of good conduct by the parole board. In response to a threat of prosecution by the defendant district attorney, plaintiff's international union suspended him from his local union office on a showing that he had been convicted of grand larceny in 1920. Plaintiff sought in a declaratory suit to have the statute declared unconstitutional and to have its operation enjoined. The New …
Labor Law- Recognition And Organizational Picketing - Unfair Labor Practice Charge Is A Prerequisite To Initiation Of The Expeditied Election Procedure Of Section 8 (B)(7)(C) Of The Nlra, Steven P. Davis
Michigan Law Review
Plaintiff union commenced picketing a previously-unorganized company for the purpose of gaining recognition as the bargaining agent of the employees. The next day the union filed a petition with the NLRB seeking an election. Five days later the individual plaintiffs, Reed and Whitney, filed an unfair labor practice charge under section 8 (b) (7) of the National Labor Relations Act for the express purpose of invoking the expedited election procedure provided by the statute. This charge was prepared by and filed with the sanction of the picketing union. The NLRB refused to grant the expedited election. In an action for …
Interpretation Of Union-Management Arbitration Agreements - Maryland Tel. Union V. Chesapeake And Potomac Tel. Co., Thomas Waxter Jr.
Interpretation Of Union-Management Arbitration Agreements - Maryland Tel. Union V. Chesapeake And Potomac Tel. Co., Thomas Waxter Jr.
Maryland Law Review
No abstract provided.
Intermittent And Constant Common Situs Picketing
Intermittent And Constant Common Situs Picketing
Indiana Law Journal
No abstract provided.
Indiana Labor Relations Law, By Fred Witney, Joseph Lazar
Indiana Labor Relations Law, By Fred Witney, Joseph Lazar
Indiana Law Journal
No abstract provided.
Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr.
Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr.
Maryland Law Review
No abstract provided.
Harassing Tactics Not Per Se A Breach Of The Duty To Bargain Collectively - N.L.R.B. V. Insurance Agents' International Union , M. Albert Figinski
Harassing Tactics Not Per Se A Breach Of The Duty To Bargain Collectively - N.L.R.B. V. Insurance Agents' International Union , M. Albert Figinski
Maryland Law Review
No abstract provided.
The Right Of Association And Labor Law, Robert J. Affeldt
The Right Of Association And Labor Law, Robert J. Affeldt
Villanova Law Review
No abstract provided.
Labor Law - Jurisdiction Of National Labor Relations Board - Picketing Of Foreign Owned And Manned Vessels Is Arguably Subject To Jurisdiction Of Nlrb, Thomas A. Hogan
Labor Law - Jurisdiction Of National Labor Relations Board - Picketing Of Foreign Owned And Manned Vessels Is Arguably Subject To Jurisdiction Of Nlrb, Thomas A. Hogan
Villanova Law Review
No abstract provided.