Law Commons^™

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

Labor Relations, Fred Bruhn

Washington Law Review

Covers cases on federal pre-emption under Taft-Hartley—interference with employment as an unfair labor practice as a common law tort.

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 …

Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R.

West Virginia Law Review

No abstract provided.

Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson

Michigan Law Review

The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees' bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections …

Judicial Settlement Of Internal Union Disputes, Clyde W. Summers

Buffalo Law Review

No abstract provided.

"Cartels" Under The New German Cartel Statute, Heinrich Kronstein

Vanderbilt Law Review

On January 1, 1958, the "Cartel Statute" of the Federal Republic of Germany' became effective. American interests in this event are threefold: (1) During the past decade Americans have tried to convince the Western world that in an industrial, democratic society legislation of the American antitrust type is imperative. Is the German cartel statute a piece of legislation of this type? (2) The enactment of the statute brings to an end the application of Law No. 56 enacted by the American Military Government on January 28, 1947. The Paris Treaty between the Allied Powers and Germany provided that the Allied …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

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Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

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Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

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Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

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Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

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Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

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Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

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Evidence--Witnesses--Cross-Examination of Character Witness for Accused …

Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr

Michigan Law Review

Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …

Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell

Michigan Law Review

The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …

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 …

Abdu V. Mayor Of Akko, Zvi Berinson, Yitzhak Olshan, Alfred Witkon

Translated Opinions

The petitioner was-the senior social worker in her particular field and had been in the service of the Akko Municipality since 1949, except for a short interval when she was abroad on a special training course. As a member of a minority group, she was mainly concerned with Arab residents. Owing to the National Insurance Law and substantial administrative changes in providing municipal assistance to needy people, she had been put on part-time work in October 1956. Her final dismissal in March 1957 was effected by the Council approving a prior resolution of the Executive Committee abolishing the post of …

The United States Arbitration Act - A Reevaluation, Herbert Burstein

Villanova Law Review (1956 - )

No abstract provided.

Pre-Emption And Non-Regulation - The No Man's Land Of Labor Relations - Guss V. Utah Labor Relations Board, Charles P. Logan Jr.

Maryland Law Review

No abstract provided.

The "Hot Cargo" Dilemma - Local 1976, Etc. V. National Labor Relations Board (Sand Door Case), Charles P. Logan Jr.

Maryland Law Review

No abstract provided.

The Background And Public Policy Of Pennsylvania Law On Collective Bargaining Agreements - Unshackling The Hold Of The Common Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.

Automation's Impact On Industrial Safety, Donald F. Harrington

Cleveland State Law Review

Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.

Staggering Punitive Damages Against Labor Unions, Thurlow Smoot

Cleveland State Law Review

The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.

Book Review, Robley D. Evans

Cleveland State Law Review

Reviewing Milton Derber and Edwin Young, Labor and the New Deal, University of Wisconsin Press, 1957

Labor Law: Validity Of "Hot Cargo" Clause In Contract Between Employees And Common Carriers., William H. Gardner

Buffalo Law Review

Genuine Parts Co., 119 N. L. R. B. No. 53 (1957).

Film Review. The Constitution And Employment Standards, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams

Michigan Law Review

Plaintiff, Sorenson, contracted with defendant, Overland Corporation, to become one of its directors, and the contract was approved by Overland's stockholders. After he began to serve as a director, Sorenson was made a party defendant to a stockholder's derivative suit attacking the propriety of his contract of employment with Overland. The derivative suit terminated in favor of Sorenson and he then brought an action for reimbursement of the counsel fees incurred by him in defending the stockholder's action. Plaintiff's action was under a corporate by-law providing that the corporation shall indemnify directors and officers against expenses incurred by them in …

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 - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.

Michigan Law Review

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction's millwork. The NLRB issued a complaint against the striking …

Newspaper Carrier--Servant Or Independent Contractor?, Fred F. Bradley

Kentucky Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.

Michigan Law Review

The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …

Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.

Michigan Law Review

Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant's business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company's volume of business did not meet the Board's revised minimum "jurisdictional" standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board's determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme …

Protection Of Members' Interests In Funds Of Unincorporated Unions

Indiana Law Journal

No abstract provided.

Miscellaneous—Labor Law—Matters For Arbitration, Diane Gaylord, Donald N. Roberts

Buffalo Law Review

Wrap-Vertiser Corporation v. Plotnick, 3 N.Y.2d 17, 163 N.Y.S.2d 639 (1957); Matter of Potoker (Brooklyn Eagle), 2 N.Y.2d 553, 161 N.Y.S.2d 609 (1957).