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Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Michigan Law Review
Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …
Administrative Delay And Judicial Relief, Steven Goldman
Administrative Delay And Judicial Relief, Steven Goldman
Michigan Law Review
The problem of judicial relief from protracted agency delay has been virtually undiscussed in the existing literature. The few courts that have dealt with the delay question have acted instinctively, without providing any rational framework and without articulating either relevant concerns or appropriate standards. This Article will explore the range of issues raised when courts are called upon to grant relief from excessive administrative delay.
Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review
Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review
Michigan Law Review
The NLRB has sought such judicial assistance in almost a dozen cases, and in most of these the courts have assumed an active role in the enforcement of the Excelsior rule. However, a few courts have not been receptive to such enforcement, and the NLRB itself has experienced some difficulty in settling upon the proper grounds for requesting judicial aid. To date, the NLRB has advanced two theories as bases for court enforcement of the requirement that employers produce Excelsior lists: (I) it has sought-under section 1337 of the Judicial Code-to invoke the general jurisdiction of federal district courts to …
Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper
Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper
Michigan Law Review
A cease and desist order is not entered in a vacuum. What an order should say or require depends upon the effect which the order is to have. A substantial portion of the present study is therefore concerned with the array of effects which may result from the order's entry, and with the relationship between those effects and the order itself. Not all of the detailed discussion of enforcement procedures which follows may seem directly relevant to the content of the FTC's orders. There are important unresolved issues within the enforcement procedures themselves which warrant examination for their own sake …
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Michigan Law Review
A Review of Politics and the Regulatory Agencies by William L. Cary
The United States Post Office, Incorporated: A Blueprint For Reform, Stanley Siegel
The United States Post Office, Incorporated: A Blueprint For Reform, Stanley Siegel
Michigan Law Review
For several generations, the United States Post Office has been the textbook demonstration of the inefficiency of the government in business. To some, the solution to its problems lies only in turning over its functions to free enterprise. A more constructive and politic approach is to inquire whether a structural arrangement falling somewhere between that of a governmental department and that of a privately owned business would permit the Post Office to achieve some of the efficiencies of private enterprise without compromising the most essential elements of public responsibility. This approach has been given new timeliness by the proposal of …
Income Tax: Corporations--Incorporated Professional Service Organization Taxable As A Corporation; Kintner Regulations Held Invalid--Empey V. United States, Michigan Law Review
Income Tax: Corporations--Incorporated Professional Service Organization Taxable As A Corporation; Kintner Regulations Held Invalid--Empey V. United States, Michigan Law Review
Michigan Law Review
Lawrence G. Empey, a lawyer, was employed by the Drexler and Wald Professional Company, an association of attorneys that had incorporated in 1961 pursuant to the Colorado Corporation Code and rule 265 of the Colorado Rules of Civil Procedure. Empey began his employment with Drexler and Wald in March 1965, and in November of the same year he acquired ten shares (ten per cent) of the outstanding capital stock of the corporation. On his 1965 federal income tax return, he reported income consisting of his salary as an employee of the company for ten months and ten per cent of …