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Articles 1 - 7 of 7
Full-Text Articles in Law
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Michigan Law Review
Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …
Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review
Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review
Michigan Law Review
The conventional National Labor Relations Board (NLRB) remedy against an employer who has violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with a properly certified union is a cease-and-desist order coupled with a directive ordering the employer to bargain with the union at the union's request. However, the interval between an employer's initial refusal to bargain and the final entry of a court of appeals' decree enforcing the NLRB's order to bargain has often been of such long duration that unions have complained that the conventional remedy is relatively meaningless and ineffective. The unions' …
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 …
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Michigan Law Review
The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
University of Michigan Journal of Law Reform
This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …
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 …
Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review
Michigan Law Review
In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …