Law Commons^™

The National Labor Relations Board And Its Operations, Charles Sandberg, William Naimark

Buffalo Law Review

No abstract provided.

Miscellaneous—Master And Servant, John Stenger

Buffalo Law Review

Simon v. Ora Realty Corp, 1 N. Y. 2d 388, 135 N. E. 2d 580 (1956).

Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

The Duty Of Fair Representation, Archibald Cox

Villanova Law Review (1956 - )

No abstract provided.

Strikes, Picketing And The Law, Godfrey P. Schmidt

Villanova Law Review (1956 - )

No abstract provided.

The Status Of The Collective Labor Agreement In France, 55 Mich. L. Rev. 655 (1957), Robert J. Nye

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Role Of Job Classification In Collective Bargaining, Gene E. Wilkins

Indiana Law Journal

No abstract provided.

Labor Law--Use Of The Injunction In Labor Disputes In Kentucky, James Park Jr.

Kentucky Law Journal

No abstract provided.

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.

Michigan Law Review

Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).

Organizational Picketing In American Law, Tim L. Bornstein

Kentucky Law Journal

No abstract provided.

Administrative Officers' Tort Liability, Kenneth Culp Davis

Michigan Law Review

Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …

Labor Law - Labor Management Relations Act - Unfair Labor Practice Strike Permitted During Sixty-Day "Cooling-Off" Period, Edward C. Hanpeter S.Ed.

Michigan Law Review

Petitioner clearly committed unfair labor practices and a strike in protest resulted. Thirty-one days prior to the strike the union had given petitioner notice, in accordance with section 8 (d) of the amended National Labor Relations Act, of its desire to 'modify the existing collective bargaining agreement. [Section 8 (d) makes it an unfair labor practice for a party to an existing contract to modify the contract without, inter alia, giving notice to the other party of the desire to modify 60 days before the expiration of the contract, and continuing in effect, without resorting to strike or lockout, all …

Corporations - Employee Stock Option Plans - Nature Of Consideration Required For Valid Plan, Richard E. Day

Michigan Law Review

Restricted stock option plans, approved by a majority of the stockholders, were adopted by the defendant corporation in 1951 and 1952 pursuant to, and in compliance with, section 218 of the Revenue Act of 1950, for the purpose of" ... providing an incentive to participating key executive employees in the form of an opportunity to acquire a greater proprietary interest in the corporation and thus stimulate their efforts in the corporate welfare .... " The options were effective and exercisable anytime from the date of issuance to the end of a five-year period, with provision for termination three months after …

Miscellaneous—Labor Law—Payment Of Wages, Robert Rosinski

Buffalo Law Review

People v. Vetri, 309 N.Y. 401, 131 N.E. 2d 568 (1955).

Labor Law And Workmen's Compensation -- 1956 Tennessee Survey, Paul H. Sanders, James G. Bowman, Jr.

Vanderbilt Law Review

Labor Law

Inducing Breach of Contract: Howard v. Haven' was the only case during the survey period which presented a legal problem relating to the activities of a labor organization. In this case an electrical contractor sought an injunction and damages because of the acts of a local labor union, its business agent, and other named defendants in preventing the plaintiff from carrying out a hospital construction contract. On the trial of the case the determinative issue became whether or not the defendants brought about a breach of the contract which the complainant claimed to have had with the general …

Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act

Indiana Law Journal

No abstract provided.

Labor Disputes And Their Settlement, By Kurt Braun, Edwin E. Witte

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

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Evidence--Judicial Admissions--Testimony as to Objective Facts

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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

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Torts--Landowner--Duty to Social Guest

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Wills--Pretermitted Heir Statue--Sole …

Labor Law - Lmra - Discrimination Discharge - Effect Of Legal Ground For Discharge Where Possible Dual Motivation Exists, Joy Tannian S.Ed.

Michigan Law Review

Respondent discharged an employee under the terms of a union contract which provided that employees could be discharged for failure to carry out the employer's orders. It was undisputed that the employee had failed to submit required reports on at least two occasions. A complaint alleging the commission of an unfair labor practice was filed. The National Labor Relations Board found that the employee had been discharged as a :reprisal for his union activities in violation of section 8 (a)(1) of the amended National Labor Relations Act. The Board ordered reinstatement under section 10 (c) of the act. In an …

Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach

Michigan Law Review

The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …

Secondary Boycotts And The Ally Doctrine, Raymond S. Ettlinger

Buffalo Law Review

No abstract provided.

Workmen's Compensation--Meaning And Effect Of Casual Employer Proviso, C. S. M.

West Virginia Law Review

No abstract provided.

Technological Change: Management Prerogative Vs. Job Security

Indiana Law Journal

No abstract provided.

Supplemental Unemployment Benefits: Problems Of The Ford Plan

Indiana Law Journal

No abstract provided.

Labor Law: Constitutionality Of Section 301 (A) Of Taft-Hartley Act, John G. Putnam Jr.

Buffalo Law Review

Ass'n of Westinghouse S. Emp. v. Westinghouse E. Corp, 348 U. S. 437 (1955).

An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

During the Industrial Revolution, the growth of enormous industrial establishments with a correspondingly large number of workers hired to perform increasingly simple tasks manifested the inability of an individual effectively to bargain with an employer concerning wages, hours, and other terms and conditions of the employment relationship. The resulting discontent among workers produced long and bitter, often bloody, outbreaks of economic warfare between employers and employees. In the abstract, freedom of contract was possible still, but as a practical matter employment benefits and obligations were largely established by managerial fiat. It was felt that if employees could effectively unite for …

Public Employees And The Hatch Act, James W. Irwin

Vanderbilt Law Review

A recent issue of Vanderbilt Law Review featured an article by Dalmas H. Nelson, Instructor in Political Science, University of Nebraska, entitled "Public Employees and the Right to Engage in Political Activity,"' a broadside blast at the Hatch Political Activities Act, section 92 and section 12.3 It is strikingly well written, and reflects exhaustive research as evidenced by voluminous bibliography and quotations. Noteworthy is the citation of many authorities whose views differ from the author's. Notwithstanding admiration for those virtues, it is admitted that the views of the author of the article call to mind a sentiment expressed by the …

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.

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) …