Law Commons^™

Basketball On Strike: The All-Stars Of The Fight For Racial Equality, Sherif Robert Hesni Jr.

Vanderbilt Journal of Entertainment & Technology Law

National Basketball Association players have a long history of fighting against racial injustice. In August 2020, players participated in the most attention-grabbing endeavor to date: a league-wide strike against racial discrimination in the United States. Refusing to play games entails financial risk for players because of a no-strike clause in the collective bargaining agreement between the National Basketball Players Association and National Basketball Association team governors. Team governors can fine, bench, or fire players for refusing to play. However, it may be infeasible to discipline players for attempting to fight for racial equality—-players are extremely important to the well-being of …

Recent Cases, Author Unidentified

Vanderbilt Law Review

Labor Law--Authorization Cards--Court Suggests Board Requirement That Employer Petition for Election to Demonstrate Good Faith Upon Rejection of Authorization Cards --

Plaintiff unions' sought a National Labor Relations Board (NLRB) bargaining order alleging a violation of section 8(a)(5) of the National Labor Relations Act (NLRA) based on defendant-employers' refusal to recognize the unions when presented with authorization cards signed by a majority of the employees.' Plaintiffs contended that the language and history of sections 8(a) (5) and 9(a)" of the NLRA and interpretative court decisions establish an employer's duty to bargain whenever the union representative presents "convincing evidence of majority …

Nlrb - Fepc?, Jeffrey M. Albert

Vanderbilt Law Review

One potential agency in the attack on racial discrimination in employment is the National Labor Relations Board. The President has indicated that substantial reliance will be placed on that agency for the vindication of Negro rights in areas of employment not covered by Executive Order 10925. Less than a year. ago the board's approach in this area was cautious and its proper role ill-defined and speculative.' Within the past year, however, the NLRB has moved rapidly by sharpening four, possibly five, anti-bias remedies. Three have roots in early NLRB decisions. The fourth is new. The fifth, resurrection of which has …

Unfair Labor Practices, Individual Rights And Section 301, Irving Kovarsky

Vanderbilt Law Review

On December 10, 1962, the United States Supreme Court, in Smith v. Evening News Ass'n, established several principles of law which may rival the well-known decision of Textile Workers Union v. Lincoln Mills in importance. The purpose of this comment is to examine the far-reaching implications of Evening News and related Supreme Court decisions.

The N.L.R.B.'S Dues Reimbursement Remedy In Perspective, Arthur M. Schiller

Vanderbilt Law Review

Where employees have been coerced to pay union dues, initiation fees, assessments, permit fees, referral fees, "dobies" and the like,an inequitable situation exists requiring that restitution be made by the parties whom the National Labor Relations Board determines to be legally responsible for having required that the payments be made. In an effort to restore the status quo in the particular situation and to deter others from entering into contracts and practices, which, in general, encourage membership in a labor organization,the Board has ordered a disgorgement remedy. An enunciation of the Board's power to fashion this remedial order was issued …