Law Commons^™

Labor Law—Specific Performance Of Arbitration Agreement Granted Under § 301 (A) Taft-Hartley Act, Gerard Ronald Haas

Buffalo Law Review

Textile Workers Union of America (CIO) v. American Thread Co., 113 F. Supp. 137 (D. Mass. 1953).

Labor Law—Arbitration, Irwin N. Davis

Buffalo Law Review

Bohliger v. National Cash Register Co., 305 N. Y. 539, 114 N. E. 2d 31 (1953).

Labor Law—Internal Union Management, Irwin N. Davis

Buffalo Law Review

Maltese v. Dubinsky, 304 N. Y. 450, 108 N. E. 2d 604 (1952);O'Keefe v. Local 463 of United Ass'n Plumbers, 277 N. Y. 300, 14 N. E. 2d 77 (1938).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Labor Law - Labor - Management Relations Act - Attempt To Institute Consumer Boycott As Unfair Labor Practice, George B. Berridge S.Ed.

Michigan Law Review

In attempting to induce certain employees of defendant, a manufacturer of bakery products, to join a bakery workers' union, the union and several labor councils picketed retail stores selling defendant's goods in Los Angeles. Placards carried by the pickets stated that defendant was non-union and on the 'We-do-not-patronize" list of various labor organizations. A California state court granted defendant a preliminary injunction against the picketing. Thereupon the National Labor Relations Board applied to federal district court for a preliminary injunction restraining defendant from invoking the injunction granted by the state court, claiming that since the unions' conduct was an unfair …

Workmen's Compensation, Conflict Of Laws, And The Constitution, Clyde W. Wellen

West Virginia Law Review

The choice of law problems encountered in workmen's compensation cases resulting from injuries incurred in the course of an employment extending over state lines and the extraterritorial applicability of workmen's compensation statutes was considered in a previous installment of this article. The purpose of this installment is to discuss the influence of the United States Constitution on the choice of the proper law in workmen's compensation cases and to demonstrate how the Constitution might be further utilized by Congress and the Courts to establish some degree of uniformity in this unsettled field.

Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.

Michigan Law Review

Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …

Labor Law - Removal Jurisdiction Of Federal Courts - Action To Enjoin Secondary Boycott, George B. Berridge S.Ed.

Michigan Law Review

Plaintiff, a Michigan trucking company subject to the LMRA, brought suit in a Michigan court against defendant, a local of the Teamsters Union, for an injunction and $50,000 damages. Plaintiff alleged that defendant's conduct in attempting to coerce plaintiff's employees to become members of the Teamsters Union was an illegal combination and conspiracy under Michigan law and a violation of the Michigan antitrust laws. Defendant removed the case to a federal district court on the theory that certain specific acts alleged by plaintiff would constitute an unlawful secondary boycott under the LMRA and that plaintiff had therefore stated a cause …

Fela Venue Abuse: Necessity For Congressional Amendment

Indiana Law Journal

No abstract provided.

Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack

Faculty Publications

No abstract provided.

A Procedural Reviewof The Federal Employer's Liability Act, Clyde H. Bloemker

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation-Right Of Injured Employee Receiving Compensation To Recover Damages From Fellow Employee Who Caused Injury. [South Carolina]

Washington and Lee Law Review

No abstract provided.

Labor Law, Paul H. Sanders

Vanderbilt Law Review

The body of statutory wording, regulations and court and administrative decisions which clusters around such familiar federal landmarks as the Labor-Management Relations Act ("Taft-Hartley") and the Fair Labor Standards Act ("Wage and Hour") fall far short of constituting the entire subject matter of Labor Law. State statutes or the common law of the state may be much more in point in providing the legal framework for solving a particular problem of the employment relationship, whether viewed individually or collectively. The law which governs the various aspects of the "human factor in industry," or which prescribes the ground rules under which …

Creditors' Rights, Warren L. Shattuck

Washington Law Review

Covers labor liens by employees of hotels, restaurants, taverns, etc.

Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack

Faculty Publications

No abstract provided.

Revision Of The Taft-Hartley Act, Archibald Cox

West Virginia Law Review

No abstract provided.

Worker's Compensation, Conflict Of Laws And The Constitution, Clyde W. Wellen

West Virginia Law Review

No abstract provided.

Workmen's Compensation--Silicosis--Application For Benefits, C. F. S. Jr.

West Virginia Law Review

No abstract provided.

Labor Relations--Union-Employer Contract--Employee's Rights, J. L. A.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Labor Law-Labor-Management Relations Act-Anti-Featherbedding Provision, Walter H. Weiner S.Ed.

Michigan Law Review

The typographers union insisted that newspaper publishers, upon using advertising mats as molds for metal castings from which to print advertisements, pay typesetters, at regular rates, for setting up duplicate forms for such advertisements in the same manner as though mats were not used, which duplicate forms are ordinarily melted down without having been used. The musicians union insisted that a theater employ a local orchestra, as a condition of the union's consent to the local appearance of traveling bands, to play overtures, intermissions and chasers. The publishers association and the theater challenged these demands as attempts to exact payments …

Labor Law-State Regulation Of Recognition And Organizational Picketing, Richard D. Rohr S.Ed.

Michigan Law Review

Just as the fixed circumference of spheres of influence tends to reduce clash and friction in world affairs, so peaceful industrial relations are fostered by definite legal rules of conduct. Recent litigation, both by its amount and variety of result, testifies to a continued uncertainty as to the permissible scope of peaceful, primary picketing. The major problems may be subsumed under the loose category of "stranger picketing," but a distinction of some legal significance has developed within this category between picketing by the non-representative union for recognition by the employer and picketing for organizational purposes, that is, to win the …

Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young

Michigan Law Review

Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …

Labor Law - Interpretation Of The Anti-Featherbedding Provision Of Taft-Hartley Act, Edward Christian Loughead

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.

Michigan Law Review

A statute of Oklahoma required public employees to take an oath that, among other things, they were not, for five years previous had not been, and would not become, affiliated with an organization which advocated the overthrow of the Government of the United States or of the State of Oklahoma by force or violence or other unlawful means or which had been determined by the United States Attorney General to be a Communist front or subversive organization. A citizen and taxpayer sought to enjoin payment of salaries to teachers at Oklahoma A. & M. College who had not taken the …

Corporations--Officers And Agents-Authority Of Manager To Enter Into A Lifetime Employment Contract, Peter Van Domelen S.Ed.

Michigan Law Review

In 1924, the plaintiff, while working as an employee of the defendant corporation, suffered an injury which resulted in the loss of his leg. During his period of convalescence the plaintiff was visited by the district superintendent of the defendant corporation and was assured that the corporation would pay for his medical expenses and furnish him with a lifetime job in exchange for his promise to forbear from suit. Upon recovery, the plaintiff returned to work and served the defendant in various capacities until 1949, at which time he was discharged without cause. The plaintiff brought an action to recover …

Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.

Michigan Law Review

One month after the employer and the union entered into a two-year contract containing a union-shop provision, a group of employees filed a petition under section 9(e)(1) of the NLRA as amended in 1951 seeking an election to rescind the union's authority to make a union-shop agreement. The union argued (1) that the contract was a bar to the election and (2) that even if an immediate election was ordered and an affirmative deauthorization vote cast, the existing union-shop clause should be held effective during the remainder of the contract term. The Board ruled, 3/2, that section 9(e)(1) as …

Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.

Michigan Law Review

Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.

Labor Law—Back Pay Computed According To Woolworth Formula Approved By Supreme Court, J. Edmund De Castro Jr.

Buffalo Law Review

N. L. R. B. v. Seven-Up Bottling Co., 73 S. Ct. 287 (1953).

The Case For Uniform Union-Security Regulation

Indiana Law Journal

No abstract provided.