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Reflections On The House Of Labor, Lee Modjeska
Reflections On The House Of Labor, Lee Modjeska
Vanderbilt Law Review
Much has been said of the deteriorating condition and possible fall of the house of labor.' This Essay contains some idiosyncratic reflections on certain aspects of the situation. Contrary to the mainstream of thought, my suspicion, to use Justice Frankfurter's words, is that those"economic and social concerns that are the raison d'etre of unions"remain dominant in our society, that unionism may be inevitable if not indispensable, and that our days of relative labor calm may be ending.National labor policy repeatedly has recognized the reality of modern society, viewed against a long history of industrial unrest, that a union is essential …
National Labor Relations Act: The Roles Of The Nlrb And The Courts Of Appeals After Pullman-Standard In Determining Employer Motivation In Section 8 (A)(3) Dual Motive Cases, William E. Anderson
National Labor Relations Act: The Roles Of The Nlrb And The Courts Of Appeals After Pullman-Standard In Determining Employer Motivation In Section 8 (A)(3) Dual Motive Cases, William E. Anderson
Vanderbilt Law Review
This Note advocates use of the Pullman-Standard Title VII model to define the proper roles of the Board and the courts of appeals in determining discriminatory intent in section 8 (a)(3) dual motive cases. Part II of this Note discusses the current confusion concerning the amount of discretion a court of appeals owes the Board's finding of discriminatory intent in dual motive cases. Part II also traces the Supreme Court's failure to define clearly the proper roles of the Board and the courts of appeals in finding discriminatory intent, the confusion this failure has caused, and the Board's unsuccessful attempt …
Boys Markets And National Labor Policy, Stephen C. Vladeck
Boys Markets And National Labor Policy, Stephen C. Vladeck
Vanderbilt Law Review
In 1962, the Supreme Court held in Sinclair Refining Co. v.Atkinson' that section 4 of the Norris-LaGuardia Act barred federal courts from enjoining union violations of no-strike clauses in collective bargaining agreements. Since Sinclair, violations of this type have been the subject of considerable discussion, but have resulted in little litigation. The number of man days lost as a result of no-strike clause violations is minimal and the frequency of these violations is so small that it is difficult to imagine that they have any great influence on the course of industrial relations. Nevertheless, lovers of symmetry have argued that …