Law Commons^™

Determination Of The Appropriate Unit For Collective Bargaining, Jerome Ackerman, Lawrence A. Sullivan

West Virginia Law Review

The provisions of Section 9 of the National Labor Relations Act, as amended, establish a procedure for ascertaining the identity of the representatives of employees with whom an employer will be required to engage in collective bargaining. The ultimate issue of identity involves two component questions of fact: (1) What is the appropriate unit and (2) What union, if any, do a majority of employees within that unit prefer? While the latter issue is resolved through the relatively simple process of an election, the former is more complex. It requires the NLRB to appraise a wide variety of evidential materials …

Arbitrability Under Collective Bargaining Agreements, Clyde H. Brockett Jr., William Merlin

Vanderbilt Law Review

Under many collective bargaining contracts calling for arbitration of disputes, sooner or later a question has arisen whether the arbitrator has authority and power to arbitrate a particular issue. While this is obviously an oversimplification, it is a statement of the problem of arbitrability. Involuntary arbitration of labor disputes the question of the "scope of arbitration" may arise in either of two situations: (1) in the formulation of new contracts; or (2) in the disposition of grievances under existing contracts. This Note will consider only arbitration of the latter type.

Check-Off Of Union Dues Under The Nlra-A Federally Protected Bargaining Issue

Indiana Law Journal

No abstract provided.

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …