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Articles 1 - 11 of 11
Full-Text Articles in Law
Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.
Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.
Michigan Law Review
In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …
The Legal Nature Of Collective Bargaining Agreements, Archibald Cox
The Legal Nature Of Collective Bargaining Agreements, Archibald Cox
Michigan Law Review
One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …
Chamberlin, Bradley, Reilly And Pound: Labor Unions And Public Policy & Gregory: Labor And The Law, Paul R. Haerle
Chamberlin, Bradley, Reilly And Pound: Labor Unions And Public Policy & Gregory: Labor And The Law, Paul R. Haerle
Michigan Law Review
A Review of Labor Unions and Public Policy. By Edward H. Chamberlin, Philip D. Bradley, Gerard D. Reilly and Roscoe Pound.
Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky
Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky
Michigan Law Review
The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike. The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the …
Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson
Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson
Michigan Law Review
The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees' bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections …
Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell
Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell
Michigan Law Review
The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …
Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.
Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.
Michigan Law Review
Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …
Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr
Michigan Law Review
Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …
Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.
Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.
Michigan Law Review
A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …
Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams
Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams
Michigan Law Review
Plaintiff, Sorenson, contracted with defendant, Overland Corporation, to become one of its directors, and the contract was approved by Overland's stockholders. After he began to serve as a director, Sorenson was made a party defendant to a stockholder's derivative suit attacking the propriety of his contract of employment with Overland. The derivative suit terminated in favor of Sorenson and he then brought an action for reimbursement of the counsel fees incurred by him in defending the stockholder's action. Plaintiff's action was under a corporate by-law providing that the corporation shall indemnify directors and officers against expenses incurred by them in …
Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.
Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.
Michigan Law Review
With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction's millwork. The NLRB issued a complaint against the striking …