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Articles 31 - 47 of 47
Full-Text Articles in Legislation
The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review
The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review
Michigan Law Review
This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …
The Role Of Law, Theodore J. St. Antoine
The Role Of Law, Theodore J. St. Antoine
Book Chapters
In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
Articles
The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Cleveland State Law Review
The Norris-LaGuardia Act was enacted in 1932 to curb the unbridled use of the federal injunction as a remedy in labor-management disputes. After enactment of the Norris-LaGuardia Act, labor unions grew and gained substantial collective bargaining power. Congressional policy then shifted to encouraging the effective enforcement of collective bargaining agreements between employers and unions. Subsequent to enactment of the LMRA, the no-strike obligation and arbitration procedures became standard bargained-for provisions. However, Judges soon refused to enjoin strikes in alleged violation of no-strike clauses, basing their decisions on the force of section 4. Employers contended that the more recent section 301 …
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Michigan Law Review
The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?
Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review
Michigan Law Review
This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Michigan Law Review
In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
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 …
Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff
Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff
Vanderbilt Law Review
One of the most striking developments in labor relations during the past fifteen years has been the rapid increase of both employment and union organization in the public sector. In 1950, there were approximately 6 million public employees; today there are over 10 million, over three quarters of whom work on the state and local level. It is estimated that 1.5 million of these government employees are members of various union organizations, a sixty per cent increase over the past ten years. As a result of this growth, public employees have increasingly sought and gained organizational and bargaining rights parallel …
Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox
Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox
Michigan Law Review
The Labor-Management Reporting and Disclosure Act of 1959 has two main divisions. One deals with the internal affairs of labor organizations and, incidentally, with certain dishonest practices in labor-management relations tending to corrupt union officials. The other deals with labor-management relations as such. This article is confined to the first branch.
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
Michigan Law Review
The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.
Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.
Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.
Michigan Law Review
Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Michigan Law Review
Plaintiff union brought suit in a federal district court under section 301 of the LMRA alleging that defendant employer had breached the collective agreement between them by failing to· pay some four thousand employees covered by the agreement for a day on which they did not work. Section 301(a) permits suits for violation of contracts between an employer and a union without respect to the amount in controversy or the citizenship of the parties. Plaintiff sought a declaratory judgment as to the rights of the parties under the agreement, an accounting to determine the amounts of the wages withheld, and …
The Taft-Hartley Law, Willett H. Parr Jr.
The Taft-Hartley Law, Willett H. Parr Jr.
Indiana Law Journal
Address delivered at Evansville at the Annual Meeting of the Indiana State Bar Association, September 5, 1947.
The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith
The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith
Michigan Law Review
Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
Michigan Law Review
Plaintiff, a Wisconsin labor union, was granted a temporary injunction restraining defendant shoe company, a party to the President's Re-employment Agreement, from "further interference with the right of its employes to organize into unions of their own free will and choice" and from "interfering with . . . the freedom of its employes in the designation of representatives of their own choice for the purpose of bargaining collectively" with the company. The court decided that defendant had violated its agreement with the President to comply with section 7 (a) of the National Industrial Recovery Act. This last was based on …