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Labor and Employment Law

Michigan Law Review

1941

Collective bargaining

Articles 1 - 4 of 4

Full-Text Articles in Law

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review Jun 1941

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review

Michigan Law Review

Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended …


Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager Jun 1941

Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager

Michigan Law Review

The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …


Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin May 1941

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …


The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith May 1941

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …