Law Commons^™

Labor Law—Defensive Lockout As Unfair Labor Practice, Marion James Tizzano

Buffalo Law Review

Davis Furniture Co. v. N. L. R. B., 94 N. L. R. B. 279 (1951).

Judicial Review Of Labor Arbitration Or Alice Through The Looking Glass, Clyde W. Summers

Buffalo Law Review

No abstract provided.

Labor Law-Labor-Management Relations Act-Relationship Of Remedies Under Title I And Title Iii, Wendell B. Will S.Ed.

Michigan Law Review

Petitioner, a local of the International Longshoremen's and Warehousemen's Union, established a picket line at respondent's lumber mill and notified other locals to refuse to unload respondent's products. Petitioner sought to force respondent to assign certain jobs to its men. Respondent's policy had been to use its own employees for the disputed work. As a result of petitioner's action respondent was forced to suspend its operations. Respondent filed an unfair labor practice charge with the NLRB alleging union violation of section 8(b)(4)(D) of the LMRA. After some time the NLRB determined that petitioner's men were not entitled to the disputed …

Arbitration—Award Of Conditional Penalty By Arbitration Board Held Unenforceable, Myron Siegel

Buffalo Law Review

Matter of Publishers' Assn. (Newspaper Union), 280 App. Div. 500, 114 N. Y. S. 2d 401 (1st Dep't 1952).

Labor Law-Arbitration-Applicability Of The United States Arbitration Act To Collective Bargaining Agreements, Morris G. Shanker S. Ed.

Michigan Law Review

Plaintiff brought an action in the federal district court for Pennsylvania against the defendant labor union for damages caused by a strike, allegedly in violation of a written collective bargaining agreement between them. This contract also provided, inter alia, for submission to arbitration of all differences arising between the parties under the contract. However, no arbitration had been had prior to this suit. Defendant moved to stay all proceedings pending arbitration, allegedly as authorized by section 3 of the United States .Arbitration .Act providing for such stays in " . . . any suit or proceeding . . . brought …

Political Points: A Bulletin Of Opinion To Clarify And Organize Volume Iii, Number 4 - September 1952, Communist Party

Ina and Noel Harris Collection

Political pamphlet written by the Communist Party, 1st Congressional District [California]

Political Points - A Bulletin of Opinion To Clarify and Organize

Volume III, Number 4

September 1952

September 30, 1952

Santa Rosa, California

-Gen. Van Fleet

-March of 1951

-USSR Embassy

-Santa Rosa Press Democrat

-South Africa

-Gen. Sir Gerald Templer

-British High Commisioner

-Congressman Usher Burdick

-Vincent Hallinan

-Carl Sullivan

-Gen. Daniel Hudelson

-Mrs. Charlotta Bass

-Reuben Borough

-William Knowland

Editor: Francis G. Fink

PO Box 664, Santa Rosa

PO Box 79, Sausalito

PO Box 707, Eureka

Thomas V. California Employment Stabilization Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Former employees who were terminated after refusing to cross a picket line despite several requests were statutorily unqualified for unemployment benefits because their lack of employment was due to a labor dispute.

Union Membership: Privilege Or Right?, Keith M. Callow

Washington Law Review

The rapid growth of the labor union movement in the past sixty years has created many new, unique and complex problems. The application of old concepts and theories to these problems often has resulted in illogical and inequitable answers. In certain branches of labor law the courts have been slow in providing workable rules due to their adherence, not only to the old concepts, but also to—as if they applied to the present situation—the reasoning behind the old concepts. Some problems are being misread. Union membership must come to be recognized as a right and not a mere privilege. The …

Union, Self-Employed, Consumer: A Three-Sided Controversy

Indiana Law Journal

No abstract provided.

Independent Contractor--Liability Of The Employer In West Virginia, J. L. A.

West Virginia Law Review

No abstract provided.

Workmen's Compensation--Notice Of Time For Objection To The Initial Findings Of The Commissioner, J. E. R.

West Virginia Law Review

No abstract provided.

Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith

Michigan Law Review

It is common knowledge that dramatic and almost revolutionary developments have taken place in labor law since the turn of the century. Indeed, "labor law" has only during this period achieved the distinction of a recognized branch of the law. Concurrently, trade unions have experienced an amazing growth, as well as changes in basic structure, and it may fairly be stated that the enlargement of the pertinent body of law has both stimulated and been influenced by the augmentation of union power. This article is intended as a survey of significant developments in the law, not as a treatment of …

1952 Virginia Labor Legislation Prompted By United States Supreme Court, Phebe Eppes Gordon

William and Mary Review of Virginia Law

No abstract provided.

Migratory Labor--Some Legal, Economic And Social Aspects, William S. Tyson

Mercer Law Review

For the past year, the farmers of our country have been called upon to produce the largest crops in our history. As one official of the United States Department of Agriculture has stated, "This is really a remarkable goal in view of the fact that our farm production in nine out of the last twelve years has either set a new record for production or has equalled the record then existing." Agricultural production is as essential in our present mobilization effort as it was in World War II. It is, therefore, imperative that this nation increase its supplies of agricultural …

Effect Of Verdict For Employee In Joint Action Against Employer And Employee, Cubbege Snow Jr.

Mercer Law Review

The recent decision in the case of Moffett v. McCurry, decided by a full bench of the Court of Appeals of Georgia, brings to mind the question presented by this comment. That is, what is the effect of a verdict in favor of the employee in a joint action against the employer and employee?

In considering this problem, there are actually two different answers, both of which are followed by a majority of the jurisdictions in the United States. And these two solutions are not inconsistent, but are rather in harmony, one applying under one situation of facts and …

Elkouri: How Arbitration Works., Gabriel N. Alexander

Michigan Law Review

A Review of HOW ARBITRATION WORKS. By Frank Elkouri.

Labor Law—Union Liability For Concerted Action Where There Is An Alternative Judicial Remedy, Spero L. Yianilos

Buffalo Law Review

Building Trades Council vs Thompson, __ Nev. __, 234 P. 2d 581 (1951).

Promissory Estoppel: Principle From Precedents: Ii, Benjamin F. Boye

Michigan Law Review

It is ancient learning that a person is free to refuse to accept an appointment as agent but that "acceptance must be followed by execution or prompt resignation." Though such was the law of the Romans of Justinian's time, it has taken our courts many years to reach the same conclusion. Indeed, it was not until the Restatement of Agency was published in 1933 that the basis of liability of one who gratuitously undertook to act as agent for another was expressed in approximately the same form.

Workmen's Compensation Act--Award As Pro Tanto Satisfaction In Employee's Subsequent Action Against Concurring Tort-Feasors, N. E. R.

West Virginia Law Review

No abstract provided.

Labor Law-Jurisdiction Of Nlrb Under Self-Imposed Limitations, Bernard L. Goodman S.Ed., Robert S. Griggs S.Ed.

Michigan Law Review

Under the original National Labor Relations Act of 1935 and that act as it stands amended by Title I of the Labor-Management Relations Act of 1947, Congress has conferred upon the National Labor Relations Board regulatory authority in certain areas of industrial relations, the jurisdictional extent of which is conterminous with the power of the federal government under the commerce clause of the Constitution. At an early date, however, the Board determined that ''budgetary limitations as well as the need to avoid diffusion of its time and energy ... [justified] it in not exerting its jurisdictional authority to the legal …

Hostetter V. Alderson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment in favor of a city on a fireman's action for declaratory relief was proper where the record showed that the fireman was discharged due to an inability to perform his duties as a result of his poor health.

Suits Against Labor Organizations Under Section 301 Of The Labor Management Relations Act, Charles F. Bagley, Jr.

Washington and Lee Law Review

No abstract provided.

Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger

Michigan Law Review

Lane's application for an annuity under the Railroad Retirement Act to the lower adjudicative branches of the Railroad Retirement Board was denied. Lane, by claiming that a "grievance" had been created by the railroad's insistence that he had voluntarily resigned from its service in 1933, then brought the matter before the National Railroad Adjustment Board, which found that Lane had been an "employee" of the railroad from 1905 to 1937. When Lane's case was subsequently heard before the Retirement Board, the findings of the lower adjudicative branches of the Board were affirmed and the Board held that it was not …

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 …

Collective Bargaining, By Neil W. Chamberlain, Paul R. Hays

Indiana Law Journal

No abstract provided.

Compensable Working Time Under The Fair Labor Standards Act, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Union security is a term with many ramifications, all of which stem from the basic right of a union to represent the employees of a business in their collective bargaining with the employer. A union is secure when its right to represent the employees is embodied in a contract between the union and the employer, containing a clause which assures the union a continuing right of representation. Such a contract clause protects the union from challenge by another union, from repudiation by the membership during the life of the contract and from a refusal by the employer to recognize the …