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Full-Text Articles in Law

Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming Dec 1961

Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming

Michigan Law Review

Legal rules of evidence do not, of course, apply before the labor arbitrator. This is not surprising since such rules were developed in connection with jury trials, and do not apply strictly in any tribunal but a jury-court. The whole theory of the arbitration tribunal is that it is composed of experts who repeatedly inquire into a relatively homogeneous kind of cases. Exclusionary rules are hardly required as a precautionary measure. Indeed, as the late Harry Shulman said in his classic Oliver Wendell Holmes lecture at Harvard in 1955, "The more serious danger is not that the arbitrator will hear …


Rights Of Federal Government Personnel Under The Copyright Act Oct 1961

Rights Of Federal Government Personnel Under The Copyright Act

Indiana Law Journal

No abstract provided.


Labor Law -- 1961 Tennessee Survey, Paul H. Sanders Oct 1961

Labor Law -- 1961 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

In considering basic rights in connection with labor organization, it must be noted that there may be a fundamental conflict between giving dominant emphasis to the interest of the group of organized workers in advancing and maintaining the standards applicable to the group as opposed to giving comparable emphasis to the wishes of the individual employee of a particular employer. The various policy statements contained in the Wagner Act, the Taft-Hartley Act of 1947 and the Landrum-Griffin Act of 1959 indicate a public interest (within the scope of federal authority) in the protection of employees' right to organize, to choose …


Comment: The Enforcement Of Agreements To Arbitrate, Irving Kovarsky Oct 1961

Comment: The Enforcement Of Agreements To Arbitrate, Irving Kovarsky

Vanderbilt Law Review

Three 1960 Supreme Court decisions' have limited the ability of litigants to challenge successfully the jurisdiction and award-making powers of labor arbitrators. The limitations imposed by the Court upon the judiciary's power to question the arbitrator, a reversal of traditional procedure, is of great significance and will unquestionably necessitate some readjustment on the part of management. This article attempts to place these recent developments in perspective and to suggest briefly certain practical changes in the attitudes of courts and contract negotiators that may result from them.


Labor Law—Courts Lack Jurisdiction Over Dispute "Arguably Subject" To Nlrb Until Nlrb Declines Jurisdiction, Timothy C. Leixner Oct 1961

Labor Law—Courts Lack Jurisdiction Over Dispute "Arguably Subject" To Nlrb Until Nlrb Declines Jurisdiction, Timothy C. Leixner

Buffalo Law Review

Connecticut General Life Insurance Co. v. Superintendent of Insurance, 10 N.Y.2d 42, 217 N.Y.S.2d 39 (1961).


Some Dilemmas In The Injunction Against Recognitional Picketing, James P. Whyte Jr. Oct 1961

Some Dilemmas In The Injunction Against Recognitional Picketing, James P. Whyte Jr.

William & Mary Law Review

No abstract provided.


Professional Associations And Qualified Pension Plans Oct 1961

Professional Associations And Qualified Pension Plans

Indiana Law Journal

No abstract provided.


The Right Of Public Employees To Strike Sep 1961

The Right Of Public Employees To Strike

Washington and Lee Law Review

No abstract provided.


Injunctive Relief For Breach Of A No-Strike Clause Sep 1961

Injunctive Relief For Breach Of A No-Strike Clause

Washington and Lee Law Review

No abstract provided.


The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr. Jun 1961

The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.

West Virginia Law Review

No abstract provided.


Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton Jun 1961

Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton

West Virginia Law Review

No abstract provided.


Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen Jun 1961

Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen

West Virginia Law Review

No abstract provided.


Labor Law--Secondary Boycott--Inducement Of Neutral Employees And Threats Against Neutral Employer Held Unlawful Under 1959 L.M.R.D.A., Charles Harold Haden Ii Jun 1961

Labor Law--Secondary Boycott--Inducement Of Neutral Employees And Threats Against Neutral Employer Held Unlawful Under 1959 L.M.R.D.A., Charles Harold Haden Ii

West Virginia Law Review

No abstract provided.


Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver Jun 1961

Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver

West Virginia Law Review

No abstract provided.


Labor Relations - Disputes And Concerted Activites - Right Of Employees Of A Public Corporation To Strike, Roger Harris Jun 1961

Labor Relations - Disputes And Concerted Activites - Right Of Employees Of A Public Corporation To Strike, Roger Harris

Michigan Law Review

The Los Angeles Metropolitan Transit Authority Act provides that "employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection." The Transit Authority brought this action to obtain a declaratory judgment that its employees did not have the right to strike. The trial court upheld its contention. On appeal, held, reversed, two justices dissenting. This statutory language has been uniformly construed to include the right to strike. Since …


Past Practice And The Administration Of Collective Bargaining Agreements, Richard Mittenthal May 1961

Past Practice And The Administration Of Collective Bargaining Agreements, Richard Mittenthal

Michigan Law Review

In a recent United States Supreme Court decision, Mr. Justice Douglas, speaking for the majority, stated that "the labor arbitrator's source of law is not confined to the express provisions of the contract, as the industrial common law-the practices of the industry and the shop-is equally a part of the collective bargaining agreement although not expressed in it." When compared to actual management-union experiences in contract administration, this dictum seems unduly broad. It may be premature as well, for no coherent "rationale of grievance arbitration" has yet been developed. If such a rationale is to be achieved, far more work …


Health Plans And Collective Bargaining, By Joseph W. Garbarino, Taulman A. Miller Apr 1961

Health Plans And Collective Bargaining, By Joseph W. Garbarino, Taulman A. Miller

Indiana Law Journal

No abstract provided.


Right To Compensation Of De Jure And De Facto Officers Of Municipalities Mar 1961

Right To Compensation Of De Jure And De Facto Officers Of Municipalities

Washington and Lee Law Review

No abstract provided.


The N.L.R.B.'S Dues Reimbursement Remedy In Perspective, Arthur M. Schiller Mar 1961

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 …


No-Strike Clauses In The Federal Courts, Frank H. Stewart Mar 1961

No-Strike Clauses In The Federal Courts, Frank H. Stewart

Michigan Law Review

One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.


Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman Mar 1961

Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman

Michigan Law Review

In negotiations arising out of a "major dispute" under the Railway Labor Act, defendant's union representatives were prohibited by a provision in the union constitution from reaching any final agreement without the proposals having first been adopted by a majority vote of the union membership. At the bargaining table, the union representatives presented no specific proposals or counter-proposals; when a management offer was made and presented to the union membership, the representatives refused either to sign it or to recommend its adoption. The management proposal was defeated at the union referendum, and a strike date was set. Plaintiff railroad sought …


Labor Law- Recognition And Organizational Picketing - Unfair Labor Practice Charge Is A Prerequisite To Initiation Of The Expeditied Election Procedure Of Section 8 (B)(7)(C) Of The Nlra, Steven P. Davis Feb 1961

Labor Law- Recognition And Organizational Picketing - Unfair Labor Practice Charge Is A Prerequisite To Initiation Of The Expeditied Election Procedure Of Section 8 (B)(7)(C) Of The Nlra, Steven P. Davis

Michigan Law Review

Plaintiff union commenced picketing a previously-unorganized company for the purpose of gaining recognition as the bargaining agent of the employees. The next day the union filed a petition with the NLRB seeking an election. Five days later the individual plaintiffs, Reed and Whitney, filed an unfair labor practice charge under section 8 (b) (7) of the National Labor Relations Act for the express purpose of invoking the expedited election procedure provided by the statute. This charge was prepared by and filed with the sanction of the picketing union. The NLRB refused to grant the expedited election. In an action for …


Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz Feb 1961

Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz

Michigan Law Review

A New York statute, implementing a congressionally-approved interstate compact, prohibits a waterfront union from collecting dues if any officer of the union has been convicted of a felony, unless he has been subsequently pardoned or given a certificate of good conduct by the parole board. In response to a threat of prosecution by the defendant district attorney, plaintiff's international union suspended him from his local union office on a showing that he had been convicted of grand larceny in 1920. Plaintiff sought in a declaratory suit to have the statute declared unconstitutional and to have its operation enjoined. The New …


Interpretation Of Union-Management Arbitration Agreements - Maryland Tel. Union V. Chesapeake And Potomac Tel. Co., Thomas Waxter Jr. Jan 1961

Interpretation Of Union-Management Arbitration Agreements - Maryland Tel. Union V. Chesapeake And Potomac Tel. Co., Thomas Waxter Jr.

Maryland Law Review

No abstract provided.


Indiana Labor Relations Law, By Fred Witney, Joseph Lazar Jan 1961

Indiana Labor Relations Law, By Fred Witney, Joseph Lazar

Indiana Law Journal

No abstract provided.


Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr. Jan 1961

Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr.

Maryland Law Review

No abstract provided.


Harassing Tactics Not Per Se A Breach Of The Duty To Bargain Collectively - N.L.R.B. V. Insurance Agents' International Union , M. Albert Figinski Jan 1961

Harassing Tactics Not Per Se A Breach Of The Duty To Bargain Collectively - N.L.R.B. V. Insurance Agents' International Union , M. Albert Figinski

Maryland Law Review

No abstract provided.


The Law Of Agency And The National Union, Roger K. Evans Jan 1961

The Law Of Agency And The National Union, Roger K. Evans

Kentucky Law Journal

No abstract provided.


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 Jan 1961

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 …


The Right Of Association And Labor Law, Robert J. Affeldt Jan 1961

The Right Of Association And Labor Law, Robert J. Affeldt

Villanova Law Review

No abstract provided.