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Articles 10831 - 10860 of 11186

Full-Text Articles in Law

Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph Oct 1942

Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph

Michigan Law Review

In July the union of which plaintiffs were members and the defendant railroad company entered a collective bargaining agreement fixing seniority rights. In September representatives of the union and the railroad adopted a seniority roster purporting to be in accordance with the terms of the July agreement. Plaintiffs, contending that the roster violated their rights under the July agreement, sought an injunction to compel revision of the roster or to prevent it from going into effect. Held, injunction denied. The union has the power to modify the rights of the individuals under the collective bargaining agreement if it does …

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Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner Aug 1942

Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner

Michigan Law Review

For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …

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Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter Aug 1942

Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter

Michigan Law Review

In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.

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Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff Aug 1942

Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff

Michigan Law Review

The National Labor Relations Board brought contempt proceedings against the defendant company for its refusal to comply with a consent decree ordering the defendant to bargain with the union selected as the sole representative of its employees. Negotiations between the defendant and the union were carried on, but no written agreement was reached, and it was charged that the defendant company acted in bad faith in its failure to agree to certain provisions of the proposed contract. Held, that the defendant's refusal to enter into a written contract respecting working conditions already existing was bad faith and amounted to …

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Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster Aug 1942

Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster

Michigan Law Review

The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …

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Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr. Aug 1942

Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.

Michigan Law Review

A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …

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Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff Aug 1942

Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff

Michigan Law Review

The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section …

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State Courts Ponder Free Speech, Robert A. Purdue Jul 1942

State Courts Ponder Free Speech, Robert A. Purdue

Washington Law Review

This article will deal particularly with the control exercised by the United States Supreme Court over various state policies toward picketing, and will examine the coupling of that labor activity with freedom of speech. The recent Supreme Court holdings on this subject may have ramifications throughout the field of labor law. Some of these impacts will be suggested, and reference will be made to legal writings discussing particular phases in detail. Washington cases will be examined in the light of federal judicial pronouncements, and the effect of the specific cases decided by the United States Supreme Court upon analagous fact …

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Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein Jun 1942

Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein

Michigan Law Review

In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …

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Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer Jun 1942

Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer

Michigan Law Review

The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is …

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Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin Jun 1942

Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin

Michigan Law Review

The employer entered into a collective bargaining agreement with the employees as represented by Union A, recognizing Union A as the exclusive bargaining agent and giving it a closed shop. The contract was entered into in September, 1940, and was to last until September, 1942, with a provision for certain modifications before that time. Pending negotiations for modifications, a large number of the members of Union A decided to transfer affiliation to Union B. On September 24, 1941, Union B filed a petition under the Wagner Act to be certified as the sole bargaining agent. Union A resisted …

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Class Suits For Back Wages Jun 1942

Class Suits For Back Wages

Indiana Law Journal

Notes and Comments: Labor Law

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"Labor Dispute" And Unemployment Compensation: A Reply, Norman F. Arterburn Jun 1942

"Labor Dispute" And Unemployment Compensation: A Reply, Norman F. Arterburn

Indiana Law Journal

Notes and Comments: Labor Law

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Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin Jun 1942

Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin

Michigan Law Review

The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered …

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review Jun 1942

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review

Michigan Law Review

Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …

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Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf Jun 1942

Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf

Michigan Law Review

A dispute between International Union of Aluminum Workers and the Aluminum Company of America arose over the extension of a wage differential between the latter's northern and southern plants and the lack of a substantial differential between workers on the day, afternoon and night shifts. After the parties had failed to settle the dispute, the National War Labor Board took jurisdiction. Held, the north-south wage differentials should be whittled down, but not so drastically as to produce disruptive effects, and the night workers should be entitled to moderate bonuses. The board based its decision on two fundamental premises: (1) …

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Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell May 1942

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell

Michigan Law Review

God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …

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Labor Policy And National Defense, By Z. Clark Dickenson Apr 1942

Labor Policy And National Defense, By Z. Clark Dickenson

Indiana Law Journal

No abstract provided.

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Re-Employment Apr 1942

Re-Employment

Indiana Law Journal

Legal Aspects of the Selective Service Act

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Company Unions Under The National Labor Relations Act, Burton Crager Apr 1942

Company Unions Under The National Labor Relations Act, Burton Crager

Michigan Law Review

Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …

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Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge Apr 1942

Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge

Michigan Law Review

The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …

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Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff Apr 1942

Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff

Michigan Law Review

Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …

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Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E. Feb 1942

Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E.

West Virginia Law Review

No abstract provided.

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"Labor Dispute" And Unemployment Compensation Feb 1942

"Labor Dispute" And Unemployment Compensation

Indiana Law Journal

Notes and Comments: Labor Law

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Handbook Of Federal Labor Legislation, By Elsie Gluck Feb 1942

Handbook Of Federal Labor Legislation, By Elsie Gluck

Indiana Law Journal

Government Publications Review

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The Law Behind Union Agreements, By David Ziskind Feb 1942

The Law Behind Union Agreements, By David Ziskind

Indiana Law Journal

Government Publications Review

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Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review

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Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review Feb 1942

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review

Michigan Law Review

A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …

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Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews Jan 1942

Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews

Michigan Law Review

Plaintiff voluntarily quit working for defendant November 7, 1939, to take another job which he reasonably expected to be permanent, but which ended in seven weeks because of a slack in business. He applied for benefits accrued under the Iowa Unemployment Compensation Act during his employment with defendant, to which he was entitled unless disqualified by reason of his voluntary quitting. Defendant employer opposed the claim to prevent charging of benefit payments against his fund. The experience rating features of the Iowa act provide that the smaller the depletion in an employer's fund, the lower his future compensation tax. Held …

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