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Articles 1 - 10 of 10
Full-Text Articles in Law
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Michigan Law Review
Defendants were officials of Local 39 of International Hod Carriers Building and Common Labor Union of America, which procured a closed shop agreement with certain contractors on a federal building project. Defendants were indicted for violation of the federal Kickback Act, the indictment charging that defendants had (1) collected five dollars weekly from nonunion employees on the project by threatening them with dismissal, (2) given receipts for payments collected and accepted employees as union members on presentation of receipts totalling the union initiation fee, (3) but had not kept a record of collection nor accounted to Local 39, as required …
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
Michigan Law Review
The National Labor Relations Act has recently celebrated its tenth anniversary. A decade is a short time in the life of a statute and the process of interpretation of an act which marked a new approach to labor relations problems is far from ended . In fashioning the mosaic of statute and decision which constitutes the basic law for our varied industrial communities, the National Labor Relations Board has had to deal with difficult and diverse problems. Not the least important of these questions comprise those involving the duration of the validity of its certifications.
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Michigan Law Review
It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston
Michigan Law Review
Two recent decisions interpret the overtime provisions of the Fair Labor Standards Act: (1) Previous to the enactment of the act, defendant company paid employees at an hourly rate for an eight hour day, seven day week. In order to comply with section 7a requiring payment of time and a half the "regular rate" of pay for hours in excess of the weekly maximum set by the act, defendant contracted to pay employees for six straight time and two overtime hours each day but at a new, lower rate such that payment at the new rate for six straight time …
Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed.
Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed.
Michigan Law Review
Plaintiff brought suit in a district court of the United States against the defendant union in its common name, and officers of the union for an alleged libel. The union was not incorporated, no substantive right protected by federal law was involved, and the state wherein the suit was brought, Illinois, did not have a statute permitting actions at law against an unincorporated association in its own name. The district court dismissed the action against the union on the ground that it was not a legal entity; the plaintiff appealed. Held, under the common law of Illinois, an unincorporated …
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Michigan Law Review
The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Michigan Law Review
Claimant was employed as a salesman by a copartnership at a regular salary. The partnership was composed of three men, one of whom, R. L. Keppen, managed the business, for which he was paid a salary of $175 per month, independently of his share of the profits of the partnership. The other partners received no salary, being dependent upon partnership dividends for their return upon the investment. If Keppen could be considered an employee of the firm during the time· of the claimant's employment, then there would have been compliance with the Michigan Unemployment Compensation Act, which required that a …
Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed.
Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed.
Michigan Law Review
Under the Ohio Constitution the City of Cleveland had the power to own and operate a street railway system. The city charter authorized the Transit Board to supervise, manage and control the transit system. The authorization included the power to establish wages and working conditions in accordance with the provisions of the charter. An action for a declaratory judgment was brought in order to determine whether the board had the power to contract with a union as the exclusive bargaining agent of the transit system employees, or the power to contract with a union for arbitration of disputes, and finally, …
Labor Unions-Application Of Sherman Act Where Refusal Of Union To Admit Employees To Membership Tends To Diminish Employer's Inter-State Business, John S. Dobson
Michigan Law Review
Action by petitioning employer against officers and members of defendant union to recover treble damages under the Sherman Anti-Trust Act and to obtain injunctive relief. Petitioner was a trucking concern carrying freight under a contract with the A&P Company. Defendant union called a strike of all the truckers of the A&P Company in Philadelphia for the purpose of enforcing a closed shop. Violence occurred during the strike, with a union man being killed. A member of the petitioner partnership was tried for the homicide and acquitted. The A&P Company and the union eventually entered into a closed shop agreement, and …
Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson
Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson
Michigan Law Review
The defendants appealed from an order of the lower court awarding a preliminary injunction which restrained the defendants from discharging or causing the discharge of the plaintiff and other Negro employees because they were not members of a labor union with which their employer has a closed shop agreement, but which will not grant Negroes full membership privileges. The defendants were: the plaintiff's employer; the International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America which is a labor union; and certain officials of the aforementioned union. There was a written contract between the employer and the International Brotherhood containing …