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- Labor relations (10)
- Public employees (10)
- Collective bargaining (7)
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- Brotherhood of Railroad Trainment v. Jacksonville Terminal Company (1)
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- Race and law (1)
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- San Diego Building Trades Council v. Garmon (1)
- Union solicitation (1)
- United States Supreme Court (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Michigan Law Review
In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …
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.
Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review
Michigan Law Review
In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Michigan Law Review
In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.
Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review
Michigan Law Review
The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …
Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review
Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review
Michigan Law Review
The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …
Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus
Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus
Michigan Law Review
It is to the basic financial and administrative constraints upon the powers of local governing units that this Article is primarily directed. The examples used are taken largely from Michigan experience and Michigan law. The same limitations upon the financial and administrative powers of local government, however, exist in almost all other states. The Michigan experience with public administration and public employee bargaining should provide both a warning and a guide to other states as they cope with the so-called public employee revolution.
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Michigan Law Review
Experience indicates that in most instances the right to strike is not an essential part of the public employment collective bargaining process.18 Thus, the crucial issue is not really whether strikes should be permitted or prohibited in the public sector, but whether the collective bargaining process itself can be made so effective absent the right to strike that the need for work stoppages will be obviated. It is my conclusion that certain proven impasse resolution procedures--mediation, fact-finding, and in some cases, even arbitration--can be substituted for the strike weapon in public employment without substantial loss in the effectiveness of collective …
The Appropriate Unit Question In The Public Service: The Problem Of Proliferation, Eli Rock
The Appropriate Unit Question In The Public Service: The Problem Of Proliferation, Eli Rock
Michigan Law Review
The purpose of this Article is to focus on certain distinguishing aspects of both the problem and the experience in the public sector, and to discuss a possible approach or philosophy for the future. The primary concern here is undue proliferation of units among the large pool of blue-collar and white-collar employees in the public service. No attempt will be made to deal with special groups such as policemen and firemen, in which the unit question is less difficult. Nor will I discuss the unique problems of supervisors and professional employees, such as teachers, which are sufficiently important and complex …
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Michigan Law Review
Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
Michigan Law Review
The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …
The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus
Michigan Law Review
The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …
Strikes And Public Employment, Theodore W. Kheel
Strikes And Public Employment, Theodore W. Kheel
Michigan Law Review
In public employment there has been an increasing resort to strikes in all parts of the nation by employees previously immune--teachers, policemen, firemen, welfare workers, garbage collectors, hospital attendants, doctors, nurses, and zoo keepers. The strike fever is contagious, and leapfrogging demands and multiplying disputes leave government hesitant, defensive, and distracted from the unresolved problems of our urban crisis. The basic question-and the great challenge-is how to prevent strikes that imperil the public interest while still providing millions of public employees with the opportunity to participate in the process of determining the conditions of their work, an opportunity not only …
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Michigan Law Review
This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.
The Coming Revolution In Public School Management, Donald H. Wollett
The Coming Revolution In Public School Management, Donald H. Wollett
Michigan Law Review
Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Michigan Law Review
The principal case emphasizes the general conflict between an employee's right of self-organization under section 7 of the NLRA and the employer's right, as a property owner, to control access to his plant premises. Face-to-face contact between employees and trained union organizers at the workplace would undoubtedly be the most effective way for the union to impart organizational information to the employees. But this assumption overlooks the legitimate interests of the employer; to permit organizational activities in all parts of the plant at any time would be unduly destructive of both plant production and discipline and could result in the …