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Articles 10741 - 10770 of 11186
Full-Text Articles in Law
Statutory Liability Of Railroad To Injured Employee
Statutory Liability Of Railroad To Injured Employee
Indiana Law Journal
Recent Cases: Torts
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Michigan Law Review
The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.
Ginzberg: The Labor Leader, Michigan Law Review
Ginzberg: The Labor Leader, Michigan Law Review
Michigan Law Review
A Review of THE LABOR LEADER, By Eli Ginzberg.
Some Union Unfair Labor Practices Under The Taft-Hartley Act
Some Union Unfair Labor Practices Under The Taft-Hartley Act
Washington and Lee Law Review
No abstract provided.
The Reemployment Provisions Of The Selective Service Act
The Reemployment Provisions Of The Selective Service Act
Washington and Lee Law Review
No abstract provided.
The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith
The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith
Michigan Law Review
Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …
Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review
Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review
Michigan Law Review
A Review of PATTERNS OF UNION-MANAGEMENT RELATIONS. By Frederick H. Harbison and Robert Dubin.
Comment On The Taft-Hartley Act, Title Iii, Thomas F. Broden
Comment On The Taft-Hartley Act, Title Iii, Thomas F. Broden
Journal Articles
A fair and just discussion of the Taft-Hartley Act is impossible without a fair determination of the purpose for which it was enacted. The Act itself explains that its purpose is to protect by legal procedures the rights of employees, employers, and the public concerning labor disputes affecting commerce. But to understand fully the basic purpose for this or another law applicable to labor-management relations, we must examine the justification for government activity in the economic sphere.
The Taft-Hartley Act And Collective Bargaining, Jerome S. Wohlmuth, Rhoda P. Krupka
The Taft-Hartley Act And Collective Bargaining, Jerome S. Wohlmuth, Rhoda P. Krupka
Maryland Law Review
No abstract provided.
Power Of A Municipal Corporation To Enter Into A Check-Off Agreement With A Labor Union - Mugford V. Mayor And City Council Of Baltiinore
Maryland Law Review
No abstract provided.
Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.
Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.
Michigan Law Review
During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …
Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey
Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey
Michigan Law Review
In a contempt action against the business agent of an A.F.L. furniture and van workers local for violation of an injunction based on statutes prohibiting "hot goods" and "secondary" boycotts, held, petitioner discharged; the statutes are violative of the Fourteenth Amendment of the federal Constitution in prohibiting peaceful picketing or other publication of the facts concerning a labor dispute in pursuance of an "agreement or combination to cause" any employee to stop handling certain goods or to put pressure on his employer to do so. ln re Blaney, (Cal.1947) 184P. (2d) 892.
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Michigan Law Review
Plaintiff, manager of defendant's mechanical division under a contract requiring him to devote all his efforts to this employment and providing that he would share the profits and losses of the division equally with defendant as his only compensation, sued to recover a balance of $42,991.90 in his favor after his discharge by defendant. The contract provided that on "any termination" of plaintiff's employment his account should be adjusted and any credit balance paid him, but defendant contended that plaintiff had forfeited his right to compensation by secretly engaging in a partnership in competition with defendant. The trial court found …
The Taft-Hartley Law, Willett H. Parr Jr.
The Taft-Hartley Law, Willett H. Parr Jr.
Indiana Law Journal
Address delivered at Evansville at the Annual Meeting of the Indiana State Bar Association, September 5, 1947.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Michigan Law Review
Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Civil Servants And The Right To Engage In Political Activity
Civil Servants And The Right To Engage In Political Activity
Indiana Law Journal
Notes and Comments: Constitutional Law
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
Michigan Law Review
An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …
The Fair Labor Standards Act, Leon H. Wallace
The Fair Labor Standards Act, Leon H. Wallace
Indiana Law Journal
No abstract provided.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Michigan Law Review
Defendants were officials of Local 39 of International Hod Carriers Building and Common Labor Union of America, which procured a closed shop agreement with certain contractors on a federal building project. Defendants were indicted for violation of the federal Kickback Act, the indictment charging that defendants had (1) collected five dollars weekly from nonunion employees on the project by threatening them with dismissal, (2) given receipts for payments collected and accepted employees as union members on presentation of receipts totalling the union initiation fee, (3) but had not kept a record of collection nor accounted to Local 39, as required …
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
Michigan Law Review
The National Labor Relations Act has recently celebrated its tenth anniversary. A decade is a short time in the life of a statute and the process of interpretation of an act which marked a new approach to labor relations problems is far from ended . In fashioning the mosaic of statute and decision which constitutes the basic law for our varied industrial communities, the National Labor Relations Board has had to deal with difficult and diverse problems. Not the least important of these questions comprise those involving the duration of the validity of its certifications.
Workmen's Compensation-Basis Of Compensation Where Previous And Subsequent Permanent Partial Injuries Result In Permanent Total Disability. [Virginia] During The Comparatively Short Life Of
Washington and Lee Law Review
No abstract provided.
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Michigan Law Review
It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Michigan Law Review
Claimant was employed as a salesman by a copartnership at a regular salary. The partnership was composed of three men, one of whom, R. L. Keppen, managed the business, for which he was paid a salary of $175 per month, independently of his share of the profits of the partnership. The other partners received no salary, being dependent upon partnership dividends for their return upon the investment. If Keppen could be considered an employee of the firm during the time· of the claimant's employment, then there would have been compliance with the Michigan Unemployment Compensation Act, which required that a …
Labor Law, Leon H. Wallace
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Michigan Law Review
The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.