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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 …
Antitrust And Labor, Russell A. Smith
Antitrust And Labor, Russell A. Smith
Michigan Law Review
The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …
Labor Law-Relationship Of Federal And State Authority Over Labor Relations, Ralph E. Hunt S.Ed.
Labor Law-Relationship Of Federal And State Authority Over Labor Relations, Ralph E. Hunt S.Ed.
Michigan Law Review
In three recent cases, the United States Supreme Court has been required to determine the impact of federal labor relations legislation on certain state enactments in this area. The importance of these decisions, concerning a problem which has caused difficulty since enactment of the National Labor Relations Act in 1935, is increased by their consideration of the significance of the amendments contained in the Labor-Management Relations Act of 1947.
(1.) The appellant La Crosse Co., which handled interstate telephone calls, had made a collective bargaining agreement with appellant A. F. of L. union, to continue from year to year. During …