Labor and Employment Law Commons^™

Reports, Awards And Opinions 1969-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of The Singer Company Knitting Machinery Division, Hertz Corporation, Southeastern Pennsylvania Transportation Authority, and Metropolitan Taxicab Board of Trade, Inc..

Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine

Reviews

If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …

Note, Appearance Of Bias As Grounds For Vacating An Arbitrator’S Award – Implications Of Commonwealth Coatings Corp. V. Continental Casualty Co. For Labor Arbitration, Roger C. Hartley

Scholarly Articles

Commonwealth Coatings Corp. v. Continental Casualty Co. involved the arbitration of a dispute between two contractors. The reasoning of the opinion of the court contains possible implications for the review of labor arbitration awards challenged on the ground of alleged partiality of the arbitrator. The federal district courts find jurisdiction to vacate labor arbitration awards under Section 301 of the Labor Management Relations Act (LMRA), but nowhere in the LMRA is there an express test of partiality the courts can apply. Section 10 of the United States Arbitration Act provides a statutory test of "evident partiality,"'-but it has been held …

Collective Bargaining Without Work Stoppage?, Alvin L. Goldman

Law Faculty Scholarly Articles

Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Articles

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

Employee Grievance seeking compensation for loss of wages due to unjust discharge.

The broad issue before us is whether the company is liable to compensate the grievor for wages lost during the whole period of six weeks for which he was unemployed. The general principle, stated at the end of our award on the merits in this matter, is that the grievor must have taken all reasonable steps to minimize his loss. The company pressed the argument that not only the grievor but the union as well must have taken all reasonable steps to minimize the grievor's loss. This board …

Re United Automobile Workers And Kelvinator Of Canada Ltd, Innis Christie

Innis Christie Collection

The collective agreement provided that "only such time as is neces­sary will be consumed by [union committeemen] during working hours in order to attend to the processing of grievances". The grievor, a union committeeman, received the necessary permission to leave his work in order to assist in the formation of an employee's grievance, but was informed by management that it was not permitted actually to write up the grievance on company time. Held, by the sole arbitrator, "processing of grievances" included getting a grievance into writing where necessary. If a committeeman were to abuse his right, then the company had …

Re United Food Processors Union, Local 483 And Canada Starch Co (Mckay), Innis Christie, D L. Guthrie, George Barron

Innis Christie Collection

Employee grievances, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work to a probationary employee and requesting payment of overtime. It was agreed by the parties that the result in the McKay grievance would be accepted as governing the two McLaughlin grievances.

Union Trusteeship Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959, J. Ralph Beaird

Scholarly Works

With the passage of the Labor-Management Reporting and Disclosure Act of 1959, Congress embarked upon a policy of substantial federal regulation of internal union affairs. Prior to this enactment, the impact of law on this area had been determined largely by state courts with only a modicum of legislative guidance. In formulating the LMRDA Congress was greatly concerned with determining where to draw the line between necessary democratic safeguards and the preservation of union self-determination. This concern was particularly evident in drafting Title III which deals with union trusteeships. While Congress framed Title III from a somewhat limited informational base, …

Re Ass'n Of Radio & Television Employees And Canadian Broadcasting Corp, Innis Christie, M L. Levinson, J W. Healy

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Award (in part)

It is widely accepted by labour arbitration boards in Ontario that the onus of proving "just cause" is on the company in dismissal cases, where the collective agreement contains the usual provision and there is no practice to the contrary clearly established between the parties. See for example Re Int'l Ass'n of Machinists, Local 749, and Timken Roller Bearing Co. (1952), 4 L.A.C. 1262 (E.W. Cross, C.C.J., chairman); Re United Brewery Workers and Dow Kingsbeer Brewery Ltd. (1958), 8 L.A.C.198 (B. Laskin, chairman), and Re U.E.W., Local 504, and Canadian …

Re United Food Processors Union, Local 483 And Canada Starch Co (Buker), Innis Christie, J L. Mcdougall, George Barron

Innis Christie Collection

Employee grievance, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work and requesting call-back pay of 4 hours at the regular rate of pay.

Re United Brewery Workers, Local 173, And Carling Breweries Ltd, Innis Christie

Innis Christie Collection

Employee Grievance requesting assignment to vacant job.

The facts:

This grievance arises because the job of fork-lift truck mechanic was given to Lloyd LaCombe who had less seniority than does the grievor William Reidel. LaCombe was and is classified as a mechanic "B". Reidel is an oiler. John Futter, who had been the fork-lift truck mechanic for 11 years before he quit, was classified as a mechanic "B". The job is a desirable one because it is a steady day job.

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

The grievor, an employee in the construction industry, was dis­charged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not estab­lished here. In the construction industry, where foremen …

Re Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan

Innis Christie Collection

Employee Grievance alleging improper lay-off.

The facts:

A statement of the facts upon which this grievance arose has been agreed to by the parties.

At approximately 3:30 p.m. on October 5, 1967, a power inter­ruption cut off the supply of water to a portion of the company's Brockville plant and the company was informed that this situ­ation was not likely to be corrected before morning. The compa­ny therefore, at 6 p.m. on October 5, 1967, sent home four tuber operators whose machines were affected by reduced air pressure. These operators were the grievors John Link, W. Skelton, James Donaghue and …

Re Stereotypers & Electrotypers Union Local 50 And The Ottawa Citizen, Innis Christie, S E. Dinsdale, Larry Sheffe

Innis Christie Collection

This grievance, pursuant to the Collective Agreement between the parties effective July 1, 1966 to December 31, 1968, alleges that the Company has failed to pay the proper rate of overtime for certain work done on the night of June 26-27, 1967 and requests that the employees involved be compensated.

Re Int'l Ass'n Of Machinists And Gabriel Of Canada Ltd, Innis Christie, M Tate, J W. Healy

Innis Christie Collection

Employee Grievance alleging improper demotion. Only the portions of the award dealing with a preliminary objection are published.

Preliminary objection:

On a preliminary objection Mr. Williamson argued that there was no basis under the collective agreement upon which this board of arbitration could interfere with the company's decision to demote the grievor for lack of skill and ability. Article 3, it was argued, puts the matter entirely in the hands of the company.

Reports, Awards And Opinions 1968-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of P. Ballantine & Sons, Boston Edison Company, and Brooklyn Jewish Hospital, among others.

Reports, Awards And Opinions 1968-3, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Hale Company, Inc., Lavin -- Charles of the Ritz and R.H. Macy & Company, Inc., among others.

Reports, Awards, And Opinions 1968-4, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of R. H. Macy and Company, New York City Taxi Deivers Union and United Steel Workers of America, among others.

Collective Bargaining In Canada, Innis Christie

Innis Christie Collection

The small body of Canadian legal literature is greatly strengthened by the publication of Dean Carrothers' major work. Students and teachers of labour law and practitioners in the field have found Collective Bargaining Law in Canada to be a most welcome addition to the author's already extensive writing in the field.

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …

Volume Ii 1968-1969, Poletti, Freidin, Prashker & Gartner

Volume II 1968-1984

No abstract provided.

The Rational Regulation Of Union Restrictive Practices, Theodore J. St. Antoine

Book Chapters

Power begets regulation. As union strength grew during recent decades, the federal laissez-faire policy of Norris-LaGuardia and the original Wagner Act gave way to increasingly tighter controls under Taft-Hartley and Landrum-Griffin. Considering the favored position of economic efficiency in our national ethos, it is not surprising that a significant portion of the new controls were directed at union practices which were thought to impede the fullest utilization of employers' productive resources. From time to time, however, thoughtful observers have questioned whether our legal regulation of union activity was properly attuned to the actual needs and economic power of labor and …

Reports, Awards And Opinions 1968-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Celanese Fibers Company, Fabergé, and the Great Atlantic and Pacific Tea Company, among others.

Table Of Contents, Poletti, Freidin, Prashker & Gartner, Eric J. Schmertz

Volume II 1968-1984

No abstract provided.

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs

Articles & Book Chapters

To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.

Re United Steelworkers Of America, Local 4444, And Stanley Steel Co Ltd (Hamilton Plant), Innis Christie, W Stetson, E J. Orsini

Innis Christie Collection

The company assigned non-bargaining unit employees to the tasks involved with inventory taking. The collective agreement provided that

"Supervisors will not do work ordinarily performed by bargain­ing unit employees, except —

(a) Instruction and training of employees.

(b) Emergency work necessary to maintain an uninterrupted flow of production."

Held, by a majority of the board of arbitration, W. Stetson dissenting, the grievance was dismissed. Inventory taking is not "work ordinarily performed by bargaining unit employees". While some of the regular operations of the grieving bargaining unit employees may have been performed incidentally to the inventory taking, this does not …

Re United Automobile Workers, Local 195, And Bendix-Eclipse Of Canada Ltd, Innis Christie

Innis Christie Collection

While the grievor received sickness and accident benefits during an absence from work due to injury, the company terminated his "Green Shield" coverage. The collective agreement provided that "In the event of a lay-off, strike, leave of absence, or any interruption of employment for reasons other than sickness and accident, all insur­ances shall be continued in force for one month following the last day of the month...".The same article also provided that in the event of absence due to sickness, certain listed benefits would be continued for a specified period. Green Shield coverage was not listed. In a separate provision …