Law Commons^™

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.

Employer Immunity In Independent-Contractor Torts In Ohio, Robert Blattner

Cleveland State Law Review

The independent contractor situation differs from most other tort cases in that the employer usually is not the actual tortfeasor. As the contractor is the one who commits the actual wrong, the employer is liable, if at all, only vicariously. One of the main questions becomes not whether the injured party shall recover, but from whom he shall recover. This is the question examined here.

Third Party Actions Against Co-Employees, John E. Martindale

Cleveland State Law Review

Industrial injuries involving intentional torts or situations where the workmen's compensation statute has not been complied with by the employer may, in many cases, relieve the plaintiff of the restrictions placed on his common law rights. It is not our purpose here to explore these exceptions, but to define the extent to which a right of action exists against the coemployee tort-feasor who is clearly within the course and scope of his employment when he inflicts the injury on his fellow worker.

Labor Union Tort Liability, William J. Hotes

Cleveland State Law Review

One of the major problems in determination of labor union tort liability is the extent of federal pre-emption of labor law matters-does it preclude either state legislation or court action where interstate commerce is affected?

Scope Of The President's Power To Secure 80-Day Injunction Against Continuation Of Steel Strike Under Labor Management Relations Act, Section 208 - United Steelworkers Of America V. United States, Robert J. Carson, Howard S. Chasanow

Maryland Law Review

No abstract provided.

General Rules Determining The Employment Relationship Under Social Security Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden

Journal Articles

The present statutory language—"the usual common law rules"—is based upon the Status Quo Resolution of 1948. The relevant part of that Resolution provided that the term "employee" in the social security laws should not include "(1) any individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an independent contractor or (2) any individual (except an officer of a corporation) who is not an employee under such common-law rules." To understand the meaning of the present statutory language one must study the governmental battle from which the Status Quo Resolution emerged. This battle …

General Rules Determining The Employment Relationship Under Social Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden

Journal Articles

Twenty-four years ago the Social Security Act was adopted. Whereas in its inception it covered about half the labor force, now it applies to nearly 90% of American workers. One would expect that the basic rules of law applicable to such a vast program would, by now a generation later, be rather well settled. Yet, in one very important area of Social Security law, this is not true. This article discusses that unsettled part of the law. It deals with the general rules applicable in determining the employer-employee relationship under the Federal Social Security laws, with greatest emphasis on the …

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 …

Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke

Michigan Law Review

Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …

Labor Law - Appropriate Bargaining Unit Under Section 9(B) Of The Taft-Hartley Act- Determination Requires Nlrb To Exercise Discretion, James N. Adler

Michigan Law Review

Petitioner union sought to represent maintenance and construction electricians employed by plate glass manufacturer at a new plant. How ever, employer and intervenor union entered into an agreement extending to the new plant an existing contract covering employees at certain of employer's other plants. At hearings upon petitioner's application to determine the "appropriate" bargaining unit under criteria established by section 9 (b) of the Taft-Hartley Act, employer and intervenor urged that the highly integrated nature of the plant and the history of plantwide bargaining at employer's other plants made a single bargaining unit covering all plant's employees the only appropriate …

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

Scholarly Works

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

Living the Law By Frank E. Cooper Indianapolis: The Bobbs-Merrill Company, Inc., 1958. Pp. xv, 184. $7.50.

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Shared Government in Employment Security By Joseph M. Becker New York: Columbia University Press, 1959. Pp. 501. $6.50.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Act--Discriminatory Practices--Defenses Available to Charge of Discrimination in Furnishing Services and Facilities

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Bankruptcy--Priority of Wages--Employer's Contributions to Welfare Funds Are Not Entitled to Priority as Wages Due to Work

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Constitutional Law--Social Security Benefits--Automatic Suspension of Deported Person's Social Security Benefits a Denial of Due Process

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Constitutional Law--Union Shop Agreement Under Railway Labor Act Violates Constitutional Rights of Employees

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Corporations--Securities and Exchange Act of 1934--Liability of Director for Profits on Stock Acquired Prior to Election as Corporate Official

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Damages--Quasi Contract--Exemplary Damages in Quasi Contract When Defendant is Guilty of Fraud

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Evidence--Other Crimes--Admissibility of Evidence …

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Voluntary Impartial Review Of Labor: Some Reflections, Walter E. Oberer

Michigan Law Review

The purpose of this paper is to examine the emerging concept of voluntary impartial review of the decisions of organizational tribunals passing upon internal disputes. Attention will center on the application of this concept to labor unions - the only area in which it has yet been tried.

Unemploymenet Compensation - Disqualification - Employee's Refusal To Discuss Alleged Communist Party Membership With His Employer Constitutes Misconduct Connected With His Work, Joel N. Simon S.Ed.

Michigan Law Review

Claimant was discharged after he refused to explain or deny charges of Communist Party membership, made against him before a congressional committee, at a hearing conducted by his employer, a private contractor engaged in defense work. The Unemployment Compensation Board of Review rejected his claim for unemployment compensation benefits upon a finding that this refusal constituted "willful misconduct connected with his work." On appeal, held, affirmed. An employee's refusal to discuss alleged Communist Party membership with his employer, who is engaged in defense work, creates doubt as to his loyalty and jeopardizes his employer's defense contracts. His consequent discharge …

Conflict Of Laws In Labor Matters In The United States, Stuart Rothman

Vanderbilt Law Review

A sampling of the ways in which the subject of conflict of laws has been treated in the United States in labor matters will be undertaken. However, the term "labor matters" may be regarded as embracing a multitude of topics, and this presentation by no means purports to be encyclopedic. Indeed, questions concerning conflicts between laws of the federal and state governments have been purposely excluded, though admittedly they loom large in domestic law and jurisprudence. On the other hand, the subjects considered are deemed illustrative of the domestic approach to the problems involved.

Injunctive Relief Against Picketing Under The Indiana Right To Work Law

Indiana Law Journal

No abstract provided.

Union Security And The Right To Work Laws: Is Coexistence Possible?, J. T. Cutler

William & Mary Law Review

No abstract provided.

Workmen's Compensation - Statutory Requirement Of Injury By Accident, Thomas D. Terry

William & Mary Law Review

No abstract provided.

Labor Law And Workmen's Compensation--1959 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover

Washington Law Review

In Curtis Bros., Inc., the National Labor Relations Board (NLRB) first enunciated the rule that picketing for recognition by a union representing a minority of the employees was an unfair labor practice because it violated section 8(b) (1) (A) of the National Labor Relations Act. The doctrine has never had the full support of all Board members. Moreover the initial reaction of the reviewing courts to this ruling has been unfavorable. The Curtis doctrine has been entirely rejected by the District of Columbia Court of Appeals, upon review of the Board's decision of the case, and partially rejected by one …

Security Clearance Revocation As A Justiciable Controversy

Washington and Lee Law Review

No abstract provided.

Labor Law, Cornelius J. Peck

Washington Law Review

Covers the Washington minimum wage and hour act.

Book Reviews, Vern Countryman, Maurice H. Merrill, Nathan P. Feinsinger, Heinrich Kronstein, Caroll W. Weathers, Walter O. Weyrauch, Harry N. Rosenfield

Journal of Legal Education

No abstract provided.

Rights And Remedies Of Members In Internal Union Controversies In The Southern Jurisdictions, Fred Graham

Vanderbilt Law Review

There is a traditional reluctance on the part of judges to involve the courts in the internal affairs of labor unions. Consequently, a judge will often pause in the course of an opinion adjudicating a union controversy with an aside to the effect that:

"Of course, it is well understood that courts are indisposed to interfere with the internal management of an unincorporated, voluntary association as is here involved. We have held that the right of a voluntary association to interpret and administer its own rules and regulations is as sacred as the right to make them, and there is …

Judicial Review Of Preliminary Orders Of National Labor Administrative Agencies After Leedom V. Kyne, William H. Gardner

Buffalo Law Review

No abstract provided.

Possible Effects Of The First Proviso To Section 9 (A) Of The National Labor Relations Act

Indiana Law Journal

No abstract provided.

Organizational Picketing: What Is The Law?—Ought The Law To Be Changed?, William J. Isaacson

Buffalo Law Review

No abstract provided.