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Labor and Employment Law

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Articles 10861 - 10890 of 11186

Full-Text Articles in Law

Payment Of Social Security Tax As Evidence Of Master-Servant Relationship, Charles V. Shipley Jan 1942

Payment Of Social Security Tax As Evidence Of Master-Servant Relationship, Charles V. Shipley

Kentucky Law Journal

No abstract provided.


Respondeat Superior - The Effect Of Deviation On The "Scope Of Employment" - A. S. Abell Co. V. Sopher Jan 1942

Respondeat Superior - The Effect Of Deviation On The "Scope Of Employment" - A. S. Abell Co. V. Sopher

Maryland Law Review

No abstract provided.


Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review Jan 1942

Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review

Michigan Law Review

The complainant, a milling and textile company employing about 2,000 men, brought this action to enjoin certain wage assignments made by 1,100 of its employees. The assignments, voluntarily made to the respondent union (certified by the National Labor Relations Board), directed the company to deduct from each laborer's pay at the end of every month the amount of his union dues. The complainant had previously refused to sign a contract with the union which embodied a "check-off" provision. Held, the mass assignment being prejudicial to the rights of the complainant, the injunction should be granted. Pacific Mills v. Textile …


Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills Jan 1942

Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills

Michigan Law Review

While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …


The Law Of Garnishment In West Virginia, Leo Carlin Dec 1941

The Law Of Garnishment In West Virginia, Leo Carlin

West Virginia Law Review

Largely due to a haphazard process of statutory evolution, the specific steps in the development of which lack coordination, the law of attachment and garnishment in this state-particularly the law of garnishment-has arrived at a degree of complication that requires extended analysis and careful differentiation in order to be reasonably sure of conforming to the statutory requirements in any particular case. In addition to the complications arising from lack of coordination of the various statutory provisions, resulting in application of different methods of procedure to different phases of the remedy, the situation is further confused in some instances by lack …


Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills Dec 1941

Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills

Michigan Law Review

A condition of the closed-shop agreement between defendant labor union and a manufacturing concern required that all new employees of the company be members of the union or become such within twenty-one days. The company employed plaintiff, but discharged him shortly thereafter when the union refused to admit him to membership. Plaintiff sought either to enjoin the enforcement of the union contract as illegally tending toward a monopoly, or to compel the union to grant his application for membership. Held, defendant's demurrer sustained, because plaintiff's allegation of a general plan to monopolize the labor supply was a conclusion not …


Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller Nov 1941

Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller

Michigan Law Review

The very face of federal law governing labor unions and labor activities has been transformed by the recent holding by the United States Supreme Court in United States v. Hutcheson, that the Sherman, Clayton and Norris Acts must be read not separately but as "interlacing statutes," and that labor activity unenjoinable under the Norris Act is likewise and by the same token uncensurable under the Sherman Act. In so deciding, the high court has drastically affected the meaning of the Sherman Act, and the extent of its application to labor activities. New life has been given to the Clayton …


Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan Nov 1941

Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan

Michigan Law Review

Both the Brewery Workers Union and the Teamsters Union, members of the American Federation of Labor, demanded jurisdiction over drivers of brewery wagons and trucks. In 1933, the Federation decided the controversy in favor of the Teamsters Union. The Brewery Workers Union refused to abide by this decision and filed suit for an injunction to restrain the Teamsters Union and the Federation from carrying out the decision. The lower court granted the injunction, construing the certificate of participation granted the Brewery Workers Union by the Federation as giving a contract right of prior and exclusive jurisdiction over the disputed group …


Labor Injunction And Free Speech Aug 1941

Labor Injunction And Free Speech

Indiana Law Journal

Notes and Comments: Labor Law


Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons Jun 1941

Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons

Michigan Law Review

In July, 1940, the Wage-Hour Administrator obtained a consent decree restraining defendant from violating the Fair Labor Standards Act, and a stipulation was filed which provided, among other things, that defendant should restore to its employees the difference between wages actually paid and the minimum wages which should have been paid under the act. Twelve of the fifteen employees in whose favor the award was made endorsed over the checks which they received with out obtaining any actual cash, and executed releases for the amounts due to them. In the present proceeding, the administrator sought a rule to show cause …


The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch Jun 1941

The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch

Indiana Law Journal

No abstract provided.


Social Security Wage Records, J. Lloyd Fitzpatrick Jun 1941

Social Security Wage Records, J. Lloyd Fitzpatrick

Indiana Law Journal

No abstract provided.


Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz Jun 1941

Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz

Indiana Law Journal

No abstract provided.


Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield Jun 1941

Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield

Michigan Law Review

A mining company, subject to the Fair Labor Standards Act, brought an action against the United States District Attorney for Idaho for a declaratory judgment that it was not subject to threatened criminal prosecutions and penalties under the act. The company had not included the forty minutes allowed for lunch in estimating the number of hours worked by its employees. The employees and their labor union threatened to sue, claiming the lunch period was part of their working hours and that they were therefore to that extent required to work overtime without extra pay. The Department of Labor and the …


Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager Jun 1941

Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager

Michigan Law Review

The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …


Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager Jun 1941

Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager

Michigan Law Review

Following a strike at respondent corporation which had started prior to the effective date of the National Labor Relations Act, the respondent refused to hire two men who had ceased to be in its employ before the strike but who sought employment after its close. The National Labor Relations Board, finding that the men had been refused employment because of their affiliations with a union and hence that the respondent had violated section 8(3) of the act, ordered the corporation to offer the two men employment and also ordered reimbursement for the loss of pay, minus actual earnings in the …


Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review Jun 1941

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review

Michigan Law Review

Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended …


The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff May 1941

The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff

Michigan Law Review

Can it be that less than a score of years has elapsed since Schlesinger v. Quinto pointed out the difference between employment contracts and collective contracts? And yet in that short period the various objections recurrently raised regarding the enforceability of these contracts, such as lack of consideration and of mutuality as well as the dictate of the "personal service" rule, came to be disregarded. At a time when employers are not only obliged to bargain collectively but also, after reaching an agreement, to reduce it to writing, reminiscences of the "custom" doctrine must, indeed, resemble the frozen sounds in …


The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith May 1941

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …


Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin May 1941

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …


Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin May 1941

Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin

Michigan Law Review

Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.


Labor Board Back Pay Orders Apr 1941

Labor Board Back Pay Orders

Indiana Law Journal

Notes and Comments: Labor


Minority Union's Right To Strike, Seymour Cohen Apr 1941

Minority Union's Right To Strike, Seymour Cohen

Indiana Law Journal

No abstract provided.


Labor Law-Majority Vote Of Employees Of Collective Bargaining Unit As Prerequisite To Peaceful Picketing [Hotel & Restaurant Employees' International Alliance V. Wisconsin Employment Relations Board, Wis. 1940] Mar 1941

Labor Law-Majority Vote Of Employees Of Collective Bargaining Unit As Prerequisite To Peaceful Picketing [Hotel & Restaurant Employees' International Alliance V. Wisconsin Employment Relations Board, Wis. 1940]

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941] Mar 1941

Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941]

Washington and Lee Law Review

No abstract provided.


Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly Mar 1941

Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly

Michigan Law Review

A one-day sit-down strike occurred in the employer's plant on March 16, 1937. A general strike was called on the following day and lasted until June 24, 1937. On March 25, 1937, the employer sent a notice to all employees including the "sit-downers" urging them to return to work. The National Labor Relations Board found the company guilty of various unfair labor practices, all of which occurred during the general strike, and ordered a reinstatement of all employees who were on strike March 23, 1937, with back pay and full seniority rights. Petitioner asserted that the men who engaged in …


Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee Feb 1941

Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee

Michigan Law Review

In the spring of 1937 the respondent distributed anti-union literature to its employees. Some of the material specifically denied any design on the part of the employer to prevent the employees from joining a union, and none of the literature pretended to be more than the advice and opinions of the employer. Nevertheless, the unions were thoroughly condemned as rackets, controlled by Communists, which deprive the workingman of his economic freedom and force him to pay for the privilege of working. The National Labor Relations Board found that the distribution of this literature interfered with, restrained, and coerced the employees …


Labor Law - Existence Of Labor Dispute Under Norris-La Guardia Act - Relation Of Norris-La Guardia Act To Sherman Act, Philip W. Buchen Feb 1941

Labor Law - Existence Of Labor Dispute Under Norris-La Guardia Act - Relation Of Norris-La Guardia Act To Sherman Act, Philip W. Buchen

Michigan Law Review

Action was brought in a federal court to enjoin the Chicago local of the A. F. of L. Mille Wagon Drivers' Union from picketing and committing acts of violence in violation of the Sherman Act against retail stores that sold milk produced out of the state, processed by the plaintiff dairies and distributed by "vendors" belonging to the plaintiff C. I. O. union of dairy workers. "Vendors" were individuals owning their own trucks who purchased milk from the dairies and sold it to the retail stores, which charged prices lower than those charged for milk supplied by dairies employing the …


Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan Feb 1941

Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan

Michigan Law Review

Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act …


Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin Feb 1941

Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board's order. On certiorari to that court, held that the board's order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843.