Law Commons^™

Labor Law-National Labor Relations Act-Elections - What Constitutes A Majority, Charles D. Johnson

Michigan Law Review

Three mills, all under the same management and represented by the same bargaining agents, were ordered by the National Labor Relations Board to desist from refusing to bargain with the Textile Workers' Organizing Committee. On application by the board to the court for a decree enforcing the order, the company claimed that the committee was not the lawful bargaining agency at the material dates. The T. W. O. C. had been certified by the board after an election in which a majority of the employees voted and a bare majority of these voted for the committee. In no instance were …

Labor Warfare And The Anti-Injunction Laws, Lennart Vernon Larson

Kentucky Law Journal

No abstract provided.

Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr.

Michigan Law Review

The statutory authority for employee suits under the Fair Labor Standards Act of 1938 is found in section 16(b). Suits under this section have been instituted in both state and federal courts. In practically every case the defendant has, by a motion to dismiss, challenged the jurisdiction of the court. The usual ground for the challenge in the state courts is that such suits seek to recover penalties incurred under a statute of the United States, and are, therefore, within the exclusive jurisdiction of the district courts of the United States. The jurisdiction of the federal district courts is generally …

National Labor Relations Act: Power Of Nlrb To Award Back Pay To Employees And To Provide Reimbursement For Wpa Payments, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.

Independent Calling Of Life Insurance Solicitor Under State Unemployment Compensation Acts, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.

Kentucky's New Employer-Employee Relations Act, George Neff Stevens

Kentucky Law Journal

No abstract provided.

Labor Law - The Apex Decision And Its Effect On The Application Of The Sherman Act To Activities Of Labor Unions, Philip W. Buchen

Michigan Law Review

Labor made a bold attempt in the case of Apex Hosiery Company v. Leader to procure a determination by the Supreme Court that labor organizations and their activities are exempt from the Sherman Act. The act, having survived this attack, presumably remains a potential weapon against labor unions. However, the Court by its decision has rejected a theory that the Sherman Act should be expanded on the principles of the Wagner Act decisions, has imposed a new restriction upon its application, and has opened the way for developments which will have substantially the effect of excluding labor unions from its …

Labor Law - Fair Labor Standards Act - Tips Not Considered Wages In Computing Statutory Minimum, Reed T. Phalan

Michigan Law Review

After the enactment of the Fair Labor Standards Act, defendant terminal company adopted the so-called "make up" plan towards its redcap station porters. Under the plan, tips received by redcaps could, as formerly, be retained by them; in addition the redcap would report to the defendant the amounts received in tips, and the defendant would make up the deficiency if the tips did not aggregate the minimum legal wage. After the plan had been in operation for a time, plaintiff, agent and representative of the redcaps, brought suit for the difference between the amounts paid by the defendant and the …

Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb

Michigan Law Review

Complainants, small steel companies in eastern Pennsylvania, Maryland and Connecticut, brought this action to enjoin the secretary of labor and others from applying the provisions of the Public Contracts Act, as construed, to the iron and steel industry. It was contended that the secretary's wage determination was the result of an erroneous interpretation of the word "locality" as included in the act. The district court dismissed the complaint. Upon appeal the Court of Appeals of the District of Columbia granted the injuction. On certiorari, held, reversed. The complainants have no standing in court to sue. Perkins v. Lukens Steel …

General Preference Laws

Indiana Law Journal

No abstract provided.

Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan

Michigan Law Review

On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John …

Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, …

Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom

Michigan Law Review

Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …

Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder

Michigan Law Review

In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …

Rights Of Firemen Under The Indiana Workmen's Compensation Act: City Of Fort Wayne V. Hazelett

Indiana Law Journal

No abstract provided.

Contracts-Attempts Of Employers To Contract Against Future Competition Of Employees [A. J. Canfield Co. V. Mcgee, Ill. 1940].

Washington and Lee Law Review

No abstract provided.

Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham

Washington Law Review

Advisedly has the "boycott"' been characterized as "a chameleon that is impossible of definition." Only the epithet "secondary boycott has perhaps occasioned more intricate judicial gymnastics. Justice Steinert, writing for the Washington Supreme Court, has recently observed with perspicacity that "the term 'secondary boycott' is of somewhat vague signification and has no precise and exclusive denotation." In the field of labor relations, as in other branches of the law, bench and bar have leaned on the comforting pillar of "lump concept" thinking which has more than once done yeoman's service for judicial reasoning and analysis. Truly has there been more …

News For Labor's Non-Partisan League Of California & Humboldt County, Labor's Non-Partisan League Of California & Humboldt County

Ina and Noel Harris Collection

Article on national program drawn up on plans for peace, civil rights, work for unemployed, social security, pensions, health, etc. Endorsement committee selected for Democratic primaries as well as speakers announced. Eureka Federated Trades and Labor Council passes resolution.

Labor's Non-Partisan League

236 D St.

Eureka, California

Picketing By "Outside" Union-Indiana Anti-Injunction Act

Indiana Law Journal

Recent Case Notes

Scope Of The Business: The Borrowed Servant Problem, Talbot Smith

Michigan Law Review

If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …

Labor Law - Picketing To Compel Breach Of A Statutory Duty - Conflict Between Norris-Laguardia Act And National Labor Relations Act, Michigan Law Review

Michigan Law Review

Petitioners, a corporate employer and an A. F. of L. union whose membership included all the company's active employees, brought suit in a federal court against a C. I. O. union, whose membership included two of petitioner's employees on strike, to enjoin respondents' picketing. The purpose of the picketing was to coerce the employer and employees to violate the agreement entered into with the petitioner union as exclusive bargaining agency and to cause the employer to rescind its recognition of that union. The trial court granted an injunction against all picketing on findings that the agreement between the employer and …

Railroads - Damages Under Employers' Liability Act - Use Of Annuity Payments Under Railroad Retirement Act In Mitigation Of Damages, William H. Klein

Michigan Law Review

A recent decision raised the question of the right of a railroad defendant, against whom suit had been brought under the Federal Employers' Liability Act of I908, to plead in mitigation of damages plaintiff's eligibility for an annuity under section z(3) of the Railroad Retirement Act of I937. The court, holding that plaintiff was not eligible for an annuity under the provisions of the Retirement Act, found it unnecessary to pass on the issue. It is proposed in this comment to suggest and analyze the more important arguments on which the solution of the problem, left undecided by that decision, …

The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey

Michigan Law Review

'There ought to be a law!" So declared labor and its friends in the early days of the New Deal, and the Wagner Act and "little" Wagner acts (the "labor relations acts") were the legislative response. Now, some five years later, with Utopia in labor relations not yet at hand, the hue and cry goes up for still more law, both state and federal. In part this is the typical American reaction to particular irritations and assumes with the usual naiveté that there is a single legislative specific for every isolated ailment. In part it is the equally typical reaction …

Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen

Michigan Law Review

Under the press of modern concepts of responsibility of business units it becomes necessary to re-examine the relation between the corner filling station and the big oil company that uses it as a means of getting its products before the consuming public. The factual situation is usually this: the operator may own the station, or may lease it from the oil company; the oil company invariably owns the equipment, such as gas pumps, tanks, and tank trucks, which it leases to the operator; by a sales contract the operator binds himself to sell only the petroleum products of the oil …

Letter From Kosinogo Defense Committee, Kosinogo Defense Committee

Ina and Noel Harris Collection

Letter from Kosinogo Defense Committee addressing the public about the status of Walter Kosinogo's application for citizenship and events surrounding denial and subsequent trial. Letter details benefit dinner to pay of debts of defense costs.

236 D Street

Eureka, California

Master And Servant-Assault And Battery

Indiana Law Journal

Recent Case Notes

Unions Of Their Own Choosing, Stephen Ailes

West Virginia Law Review

No abstract provided.

Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen

Michigan Law Review

Among the problems raised in magnified form by the AFL-CIO schism is the determination of rights and duties under a collective agreement when there is a change in affiliation of the members of the union which negotiated the agreement. Suppose that union A, as sole bargaining representative for the employees in the particular unit, has negotiated an agreement with the employer, that thereafter a majority of union A shift their allegiance to union B. Does the agreement continue to canter rights upon employees who have changed their affiliation? Upon the employees who have not changed their affiliation? This …

Proceedings Of The Second Annual Law Institute - Vol Ii, University Of Michigan Law School

Event Materials

Proceedings of the Second Annual Law Institute Vol II

Held at the University of Michigan Law School, Ann Arbor, Michigan

Thursday, Friday, and Saturday June 20-22, 1940

The Test Of "Employment" Under The State Unemployment Compensation Acts, R. Vincent Goodlett

Kentucky Law Journal

No abstract provided.