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Articles 1 - 5 of 5
Full-Text Articles in Law
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
Michigan Law Review
This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …
Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe
Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe
Michigan Law Review
The requirement of "ripeness" as a condition for judicial review is not so much a definable doctrine as a compendious portmanteau, a group of related doctrines arising in diverse but analogically similar situations. In its most general sense ripeness is a requirement not of the administrative action to be reviewed but of the judicial controversy between the plaintiff and the agency. Consider the case where an agency has gone no further than to threaten a certain action which the plaintiff in an equity or declaratory proceeding claims would be contrary to law: here, in all strictness, the controversy concerns …
Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin
Michigan Law Review
The petitioner delivered goods to respondent, a common carrier by motor vehicle, for shipment from Buffalo, New York, to New York City, with the route of shipment left unspecified. The goods were shipped over the carrier's interstate route at a higher tariff filed with the Interstate Commerce Commission rather than over its intrastate route at the lower tariff filed with the New York Public Service Commission. Alleging causes of action under the Motor Carrier Act and at common law, the petitioner brought a postshipment action in a federal district court seeking reparation of the difference paid. The court, after a …
Administrative Law--Procedure--Right Of Interention In Fcc Rate-Making Proceeding, Jon E. Denney
Administrative Law--Procedure--Right Of Interention In Fcc Rate-Making Proceeding, Jon E. Denney
Michigan Law Review
In response to a petition of the Western Union Telegraph Company, the Federal Communications Commission began an investigation of the American Telephone and Telegraph Company's tariff charges on its "telpak" service. The American Communications Association, a trade union representing Western Union workers in the New York City area, petitioned to intervene. The hearing examiner's decision to deny intervention was affirmed by the Commission. A motion for reconsideration was also denied by the FCC because the union failed to show how its intervention in the proceeding would assist the Commission in determining the issues, as required by the rule reserving to …
Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel
Michigan Law Review
Plaintiffs, two interstate carriers and a municipal corporation, and defendants, four railroad companies, were parties to an investigation and suspension proceeding before the Interstate Commerce Commission. Section 15(7) of the Interstate Commerce Act allows the Commission to suspend the effectiveness of rate revisions proposed by carriers for seven months while it is deciding whether to approve them. If no decision is reached by the end of the suspension period, the proposed rates automatically become effective subject to a subsequent determination of their validity by the ICC. Expiration of the order suspending defendants' rate proposals was imminent when, in an unprecedented …