Law Commons^™

Workmen's Compensation Act--Award As Pro Tanto Satisfaction In Employee's Subsequent Action Against Concurring Tort-Feasors, N. E. R.

West Virginia Law Review

No abstract provided.

Promissory Estoppel: Principle From Precedents: Ii, Benjamin F. Boye

Michigan Law Review

It is ancient learning that a person is free to refuse to accept an appointment as agent but that "acceptance must be followed by execution or prompt resignation." Though such was the law of the Romans of Justinian's time, it has taken our courts many years to reach the same conclusion. Indeed, it was not until the Restatement of Agency was published in 1933 that the basis of liability of one who gratuitously undertook to act as agent for another was expressed in approximately the same form.

Labor Law-Jurisdiction Of Nlrb Under Self-Imposed Limitations, Bernard L. Goodman S.Ed., Robert S. Griggs S.Ed.

Michigan Law Review

Under the original National Labor Relations Act of 1935 and that act as it stands amended by Title I of the Labor-Management Relations Act of 1947, Congress has conferred upon the National Labor Relations Board regulatory authority in certain areas of industrial relations, the jurisdictional extent of which is conterminous with the power of the federal government under the commerce clause of the Constitution. At an early date, however, the Board determined that ''budgetary limitations as well as the need to avoid diffusion of its time and energy ... [justified] it in not exerting its jurisdictional authority to the legal …

Book Reviews, Williard Hurst, Kenneth S. Carlston, Morris D. Forkosch, Brandon F. Brown, Coleman Karesh, Louis A. Toepfer, Leo A. Huard, Wm. R. Roalfe, Richard Cosway, Francis J. Putman, L. Hart Wright, Albert S. Abel

Journal of Legal Education

No abstract provided.

Suits Against Labor Organizations Under Section 301 Of The Labor Management Relations Act, Charles F. Bagley, Jr.

Washington and Lee Law Review

No abstract provided.

Job-Seeking Aggression, The Nlra, And The Free Market, Sylvester Petro

Michigan Law Review

Two principles are at war in modem labor relations. One, the principle of free choice of employee representation, underlies all modem labor relations legislation. The other, the principle of absolute proprietary rights in certain work, manifests itself in the traditional jurisdictional dispute but occurs in a broader context as well. The labor relations principle, an attempt to order relations between employers and employees on a civilized basis, requires collective bargaining between employers and the representatives of their employees and further declares that the selection of representatives by employees shall be free of coercive interference by employers. Job-seeking aggression, combatting this …

Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger

Michigan Law Review

Lane's application for an annuity under the Railroad Retirement Act to the lower adjudicative branches of the Railroad Retirement Board was denied. Lane, by claiming that a "grievance" had been created by the railroad's insistence that he had voluntarily resigned from its service in 1933, then brought the matter before the National Railroad Adjustment Board, which found that Lane had been an "employee" of the railroad from 1905 to 1937. When Lane's case was subsequently heard before the Retirement Board, the findings of the lower adjudicative branches of the Board were affirmed and the Board held that it was not …

Collective Bargaining, By Neil W. Chamberlain, Paul R. Hays

Indiana Law Journal

No abstract provided.

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Union security is a term with many ramifications, all of which stem from the basic right of a union to represent the employees of a business in their collective bargaining with the employer. A union is secure when its right to represent the employees is embodied in a contract between the union and the employer, containing a clause which assures the union a continuing right of representation. Such a contract clause protects the union from challenge by another union, from repudiation by the membership during the life of the contract and from a refusal by the employer to recognize the …

Compensable Working Time Under The Fair Labor Standards Act, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

Agency To Make Warranties, Merton Ferson

Vanderbilt Law Review

What are warranties? How are they created? And, particularly, what kind of authority or employment will enable one person to make a warranty that will be binding on another person?

Let us first look at warranties broadly and note their function. When a sale is being made there is commonly a risk of some defect in the thing sold. And in connection with other kinds of transactions there is frequently a risk of loss that will occur if a certain fact exists or comes to pass. There is, for example, a risk that the horse being sold js not sound; …

Determination Of The Appropriate Unit For Collective Bargaining, Jerome Ackerman, Lawrence A. Sullivan

West Virginia Law Review

The provisions of Section 9 of the National Labor Relations Act, as amended, establish a procedure for ascertaining the identity of the representatives of employees with whom an employer will be required to engage in collective bargaining. The ultimate issue of identity involves two component questions of fact: (1) What is the appropriate unit and (2) What union, if any, do a majority of employees within that unit prefer? While the latter issue is resolved through the relatively simple process of an election, the former is more complex. It requires the NLRB to appraise a wide variety of evidential materials …

Labor Law-Boycotts And Coercion Of Neutral Employers Under The Taft-Hartley Act, Robert S. Griggs S. Ed.

Michigan Law Review

Four decisions rendered by the Supreme Court. at the close of the 1950 term may alleviate some of the confusion inherent in section 8(b)( 4)(A) of Title I of the Labor Management Relations Act of 1947. This section, whose concern is with the motive with which union activity is undertaken, rather than with the character of the activity itself, is probably the most "broadside" in the act. In essence, it purports to prohibit labor unions from engaging in or inducing strikes and concerted refusals to handle goods, "where an object thereof is ... forcing or requiring . . . any …

Hardman & Neufeld: The House Of Labor, Morris D. Forkosch

Michigan Law Review

A Review of THE HOUSE OF LABOR. By J.B. S. Hardman and Maurice F. Neufeld.

Government And Collective Bargaining, By Fred Witney, John V. Spielmans

Indiana Law Journal

No abstract provided.

Secondary Boycotts Under Section 86(B) (4) (A) Lmra

Indiana Law Journal

No abstract provided.

Labor Law-Denial Of Unemployment Compensation To Workers Made Idle By Strike In Another Plant [Ford Motor Co. V. Abercrombie, Ga. 1950]

Washington and Lee Law Review

No abstract provided.

Labor Law-Legality Of Expulsion From Union Membership Of Workers Seeking Change Of Bargaining Agents Under Closed Shop Contract [Local Union 549, Internat'l Bro. Of Teamsters V. Clark, Va. 1951]

Washington and Lee Law Review

No abstract provided.

Labor Law-Validity Of Statute Prohibiting Picketing Of Business By Non-Employees [Edwards V. Commonwealth, Va. 1950]

Washington and Lee Law Review

No abstract provided.

Another Look At Picketing In Washington, Donald H. Wollett

Washington Law Review

The purpose of this comment is threefold: (1) to reformulate the Washington rules in re peaceful picketing in light of Ostroff v. Laundry and Dye Works Drivers' Local No. 566; (2) to suggest, using the metaphor employed by Judge Hamley in his dissenting opinion, that the rule of the Ostroff case embarks the court on a voyage into uncharted seas; and (3) to suggest further the wisdom of the court's returning to port and recharting a course over better marked and more frequently traveled waters.

The Nature Of A Grievance In Labor Relations, George Rose

Indiana Law Journal

No abstract provided.

Planning And Teaching A Course In Labor Law, Morris D. Forkosch

Journal of Legal Education

No abstract provided.

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Legal, Economic And Policy Aspects Of Wage Stabilizations, Guy Farmer

West Virginia Law Review

No abstract provided.

Arbitrability Under Collective Bargaining Agreements, Clyde H. Brockett Jr., William Merlin

Vanderbilt Law Review

Under many collective bargaining contracts calling for arbitration of disputes, sooner or later a question has arisen whether the arbitrator has authority and power to arbitrate a particular issue. While this is obviously an oversimplification, it is a statement of the problem of arbitrability. Involuntary arbitration of labor disputes the question of the "scope of arbitration" may arise in either of two situations: (1) in the formulation of new contracts; or (2) in the disposition of grievances under existing contracts. This Note will consider only arbitration of the latter type.

Labor Law - Labor-Management Relations Act -Applicability Of Non-Communist Affidavit To Parent Federation, Robert S. Griggs

Michigan Law Review

The language of section 9(h) of Title I of the Labor Management Relations Act of 1947 conditions assertion of rights under the act by a labor organization upon its submission to the Labor Board of particularly described affidavits executed by each of its local officers and the officers of "any national or international labor organization of which it is an affiliate or constituent unit." The Board had considered the scope of the quoted phrase not to include the federation type of organization. The Court of Appeals for the District of Columbia Circuit had agreed with the Board's construction. The Fourth …

Labor Law - Limitation On Picketing As A Form Of Free Speech, Joel W. West

William and Mary Review of Virginia Law

No abstract provided.

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

Smith: Labor Law: Cases And Materials, Harry Shulman

Michigan Law Review

A Review of LABOR LAW: CASES AND MATERIALS. By Russell A. Smith.

Labor Law—Discrimination By Union Seeking Union Shop On Basis Of Sex Held "Unreasonable", David Buch

Buffalo Law Review

Wilson v. Hacker, 101 N.Y. S. 2d 461 (Sup. Ct. 1950).