Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
Articles 31 - 60 of 70
Full-Text Articles in Law
Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White
Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White
Michigan Law Review
Respondent company laid off a number of employees as a result of its decision to contract out maintenance work formerly done in the company shop. After the grievance procedure failed to resolve petitioner union's claim that this violated the contract provision against lockouts, and the company refused the union's request for arbitration, the union sought specific performance of the promise to arbitrate contained in the collective bargaining contract. In dismissing the plea, the district court found that contracting out work was solely a function of management and therefore not arbitrable because the contract specifically excluded from arbitration "matters which are …
Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill
Michigan Law Review
Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …
Labor Law - Collective Bargaining - Union's Unprotected Harassing Activites As A Refusal To Bargain In Good Faith, William Y. Webb
Labor Law - Collective Bargaining - Union's Unprotected Harassing Activites As A Refusal To Bargain In Good Faith, William Y. Webb
Michigan Law Review
While bargaining for a new contract, the union announced that it would engage in a "work-without-contract" program designed to harass the insurance company employer into accepting its demands, in the event that no agreement was reached prior to the expiration of the existing contract. When that contingency occurred, the program was instituted consisting of such activities as refusing to write new business for a period, refusing to do customary duties, engaging in "sit-in mornings," soliciting policyholder support against the company, and mass demonstrations at the company's home office. The union continued to attend bargaining sessions, but it informed its members …
Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox
Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox
Michigan Law Review
The Labor-Management Reporting and Disclosure Act of 1959 has two main divisions. One deals with the internal affairs of labor organizations and, incidentally, with certain dishonest practices in labor-management relations tending to corrupt union officials. The other deals with labor-management relations as such. This article is confined to the first branch.
Protecting The Public Interest In Labor Disputes, Frank E. Cooper
Protecting The Public Interest In Labor Disputes, Frank E. Cooper
Michigan Law Review
There exists general agreement that an effective means must be found, in the public interest, to curb strikes in basic industries that imperil the national health or safety. This principle, indeed, has been a part of our basic law for more than a decade. The trouble has been that the limited means provided to meet this need fail to give effective expression to the public interest. The only significant remedy is that which the steel strike has made so well known: an 80-day injunction followed by an election in which the employees may indicate for publicity purposes whether they wish …
Labor Law - Arbitration - Necessity Of According Individual Employees Right To Independent Representation In Arbitration Proceeding, Alan E. Price
Labor Law - Arbitration - Necessity Of According Individual Employees Right To Independent Representation In Arbitration Proceeding, Alan E. Price
Michigan Law Review
Plaintiffs, employees of defendant corporation, were demoted from supervisory positions back into the bargaining unit. The collective bargaining agreement defined seniority as "an employee's length of service with the company in years, months and days." The employer credited plaintiffs with continuous seniority from the time they had originally begun work with the company in non-supervisory positions. Defendant union contended that time spent in supervisory positions should be excluded from seniority. The dispute was submitted to arbitration without plaintiffs being given notice of the proceedings or opportunity to participate. The arbitration award adopted the position urged by the union. Plaintiffs brought …
Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones
Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones
Michigan Law Review
Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
Michigan Law Review
The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.
Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood
Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood
Michigan Law Review
Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …
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 - 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 - 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 …
Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.
Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.
Michigan Law Review
Plaintiff employer, operator of a retail food store, refused to sign a contract with a union representing the only two butchers then employed by him on the ground that acceptance of a clause in the contract making the union the exclusive bargaining representative of all butchers in his establishment would violate the state right to work statute. The two butchers went on strike and began picketing the employer's establishment. The employer thereupon hired a non-union butcher and sought to have the picketing enjoined. The state district court denied the injunction. On certiorari to the state supreme court, held, reversed, …
Labor Law - Collective Bargaining - Duty Of Employer To Allow Union Time Study, Paul A. Heinen S.Ed.
Labor Law - Collective Bargaining - Duty Of Employer To Allow Union Time Study, Paul A. Heinen S.Ed.
Michigan Law Review
A dispute arose between the employer and the union as to whether certain duties performed by an employee should be classified as "special assignments" as defined in the labor contract. If these duties were "special assignments" the employee was entitled to a higher job classification. Before arrangements could be made for the third step of the grievance procedure the union asked for permission to enter the plant and analyze the job. Permission was denied by the management and the union filed a charge of unlawful refusal to bargain. The trial examiner found that by refusing the union's request the employer …
Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.
Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.
Michigan Law Review
During negotiations for a new contract, the union engaged in harassing action against the employer by promoting an organized refusal to work overtime, extending rest periods without authorization, directing employees to refuse to work special hours, encouraging slow-downs and unannounced walkouts, and inducing employees of a subcontractor not to work for their employer. There was no specific demand which the activity was designed to enforce. The National Labor Relations Board found that this activity was evidence of a failure on the part of the union to bargain in good faith, and was, therefore, a violation of section 8 (b) (3) …
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Michigan Law Review
Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …
Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.
Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.
Michigan Law Review
Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Michigan Law Review
An employer unilaterally instituted a stock purchase plan, membership in which was voluntary and open to regular employees who had at least one year of service and were at least thirty years of age. Members, through authorized payroll deductions, were to contribute monthly not less than five dollars but not more than five percent of their earnings. The employer contributed monthly an amount equal to fifty percent of each member contribution and annually an amount dependent upon the ratio of profits to invested capital, up to a combined total of seventy-five percent of the members' contributions. Member contributions were kept …
Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.
Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.
Michigan Law Review
Under what circumstances has an employee "voluntarily" left work so as to disqualify him from receiving benefits under an unemployment compensation act? This general question has troubled the courts for a considerable time and has presented itself in a variety of fact situations, e.g., leaving work because of labor disputes and for personal reasons. The courts' interpretation of the meaning of "voluntarily" has generally been influenced by numerous considerations such as the policy behind unemployment compensation, the specific terminology of the statute involved, and the procedure for financing the plans. The specific problem with which this comment deals is summarized …
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Michigan Law Review
Plaintiff union brought suit in a federal district court under section 301 of the LMRA alleging that defendant employer had breached the collective agreement between them by failing to· pay some four thousand employees covered by the agreement for a day on which they did not work. Section 301(a) permits suits for violation of contracts between an employer and a union without respect to the amount in controversy or the citizenship of the parties. Plaintiff sought a declaratory judgment as to the rights of the parties under the agreement, an accounting to determine the amounts of the wages withheld, and …
Elkouri: How Arbitration Works., Gabriel N. Alexander
Elkouri: How Arbitration Works., Gabriel N. Alexander
Michigan Law Review
A Review of HOW ARBITRATION WORKS. By Frank Elkouri.
Job-Seeking Aggression, The Nlra, And The Free Market, Sylvester Petro
Job-Seeking Aggression, The Nlra, And The Free Market, Sylvester Petro
Michigan Law Review
Two principles are at war in modem labor relations. One, the principle of free choice of employee representation, underlies all modem labor relations legislation. The other, the principle of absolute proprietary rights in certain work, manifests itself in the traditional jurisdictional dispute but occurs in a broader context as well. The labor relations principle, an attempt to order relations between employers and employees on a civilized basis, requires collective bargaining between employers and the representatives of their employees and further declares that the selection of representatives by employees shall be free of coercive interference by employers. Job-seeking aggression, combatting this …
The Voluntary Arbitration Of Labor Disputes, George W. Taylor
The Voluntary Arbitration Of Labor Disputes, George W. Taylor
Michigan Law Review
Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …
Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.
Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.
Michigan Law Review
Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …
The Voluntary Arbitration Of Labor Disputes, George W. Taylor
The Voluntary Arbitration Of Labor Disputes, George W. Taylor
Michigan Law Review
Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …
Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.
Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.
Michigan Law Review
Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …
Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed.
Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed.
Michigan Law Review
At the time of his induction into the Armed Forces, plaintiff was employed as a locomotive machinist at defendant's Loyall shop. This shop was transferred to Corbin during his absence, and, upon discharge from military service, plaintiff was reemployed there with seniority from July 17, 1946, the date of his return. In April, 1947, plaintiff filed his complaint under section 8, Selective Training and Service Act, alleging that had he not been in the Armed Forces he would have been transferred to the Corbin shop with seniority from July 1, 1945. The collective bargaining agent of the machinist employees of …
Spero: Government As Employer, Michigan Law Review
Spero: Government As Employer, Michigan Law Review
Michigan Law Review
A Review of GOVERNMENT AS EMPLOYER. By Sterling Spero.
Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.
Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.
Michigan Law Review
In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.