Law Commons^™

The Development Of Labor Law In Kentucky, George Neff Stevens

Kentucky Law Journal

No abstract provided.

Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Status Of Picketing In Washington, Jack H. Jaffe

Washington Law Review

The history of the status of picketing in the eyes of the legislative and judicial bodies of our nation since the early part of this decade has been a vitally interesting one, mirroring the changes which have taken place in the social and economic outlook of the populace. It is the purpose of this article to present a brief survey of this history, giving particular emphasis to that which has transpired in the state of Washington.

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The National Labor Relations Act, Charles Fahy, Robert Littler

Indiana Law Journal

The Indiana State Bar Association and the Indianapolis Bar Association held a joint Legal Institute upon this subject on August 24, 1939 at Indianapolis. This issue of the Journal publishes the two addresses and a synopsis of the general discussion which followed.

The Test Of The Employment Relation, Gerald M. Stevens

Michigan Law Review

Labor's status is the subject of what seems to be an interminable war, with campaigns in the courts, on picket lines, in conference rooms, and in legislative halls. The prominence of these battles increases, if anything, the obscurity in which a closely related conflict is being worked out. For as long as there are important distinctions to be made on the basis of whether an employment relation exists, there is fairly certain to be at least some argument over the existence of that relation.

Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review

Michigan Law Review

A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.

Defamation-Libel Of Employee-Privilege

Indiana Law Journal

No abstract provided.

Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin

Michigan Law Review

The problem to be considered in this comment is the extent to which employees will, as a consequence of wrongful action on their part, be denied benefits secured to them by the National Labor Relations Act. Inherently, the discussion must also include the examination of another fundamental issue; viz., what is the proper relation between the National Labor Relations Board and the courts on this problem? The substantive question may arise either where the employer seeks to justify a discharge of the worker because of alleged misconduct, or where the misconduct is sought to be used as an estoppel against …

Labor Law - National Labor Relations Act - Jurisdiction Of The National Labor Relations Board, John C. Griffin

Michigan Law Review

Respondent, employing about sixty persons, was the sole owner of a garment-tailoring concern in New Jersey. His only business was with the Lee Company, a New York firm, that sold finished goods. There was no financial affiliation between them. The Lee Company purchased the cloth and caused it to be delivered to respondent. Respondent tailored it and delivered the finished product to a representative of the Lee Company at respondent's plant. This representative sent it back to New York in Lee Company trucks. Title to the cloth remained throughout in the Lee Company. Held, Justices McReynolds and Butler dissenting, …

Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes

Michigan Law Review

The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …

Legal Institute, Michigan Law Review

Michigan Law Review

A legal institute for practicing lawyers will be held at the Law School of the University of Michigan on June 22 to 24. The student dormitories in the classic Law Quadrangle will be open to those attending the Institute. Subjects to be discussed will include Taxation, Labor Law, and Wills and Trusts. Members of the law faculty and several practicing lawyers specializing in the topics to be considered will be the lecturers.

Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd

Michigan Law Review

In a study of British labor, Andre Philip contrasted what he termed "le Trade Unionisme'' of England with les syndicats professionels of France. So foreign did he deem the British concept of trade unionism to his French readers that, in speaking of British trade unions, he preferred not to use the French term.

Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …

The Licensing Of Professions In West Virginia, Julius Cohen

West Virginia Law Review

No abstract provided.

Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen

Michigan Law Review

What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …

Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield

Michigan Law Review

The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …

Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin

Michigan Law Review

During a membership drive in the Fansteel Metallurgical plants, the petitioner corporation was guilty of an unfair labor practice in that it hired espionage agents to spy upon the union. Lodge 66 attempted to bargain collectively with the petitioner and on its rejection of their offer, the union seized the key plants, effectively stopping production. The petitioner, on the union's refusal to vacate, made a blanket discharge of everyone within the plant, and secured an injunction against the union's possession. Compliance with the order was not obtained, and a writ of attachment for contempt was issued. On the second attempt …

The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.

Michigan Law Review

The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …

German Social Honor Courts, Harlow J. Heneman

Michigan Law Review

Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …

Administrative Procedure: National Labor Relations Board, J. Warren Madden

West Virginia Law Review

No abstract provided.

Trade Associations In Law And Business, Julius Cohen

West Virginia Law Review

No abstract provided.

Labor Law - "Substantial" Evidence To Support The Fact Findings Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

Three employees of respondent company, members of a union, were discharged. They had attended an organization meeting of the union two days previous to their discharge. Two hundred of the company's fifteen hundred employees attended, of whom eighteen, including these three, stayed when asked to join. The alleged reasons of the company for the discharge of these men were that one took a fifty-cent lamp at a company banquet a month previously, that another destroyed raw material through faulty adjustment of his machine, and that the third openly expressed resentment because not promoted. As against this, the evidence showed that …

Labor Law - Power Of National Labor Relations Board To Invalidate Contract Between Employer And A Bona Fide Union, Ward P. Allen

Michigan Law Review

After a C. I. O. affiliate had filed complaint with the National Labor Relations Board against the Consolidated Edison Company of New York for encouraging membership in A. F. of L. affiliates and thus interfering with the free choice of its employees, the company entered into collective agreements with the latter relating to wages, hours, working conditions, arbitration and representation. The board, ordering the company to cease its preferential treatment, also found that the contracts were executed under such circumstances that they were invalid and required the company to desist from giving them effect. This order was enforced by the …

Labor Law -- Trusts -- Union As Beneficiary, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Proceedings Of The Law Institute Part I, University Of Michigan Law School

Event Materials

Proceedings of the Law Institute held at the University of Michigan Law School, Ann Arbor, Michigan

Thursday, Friday, and Saturday June 22-24, 1939

Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes

Michigan Law Review

Defendant corporation was an owner and operator of taxicabs. One of its cabs was hailed by another taxicab driver to pursue the latter's taxicab which had just been stolen from him. During the pursuit defendant's taxicab struck plaintiff's car. Plaintiff seeks to recover from defendant for the damage to his car. Held, the driver of the cab was not acting in the scope of his employment so defendant cannot be held. Bindert v. Elmhurst Taxi Corp., (N. Y. Mun. Ct. 1938) 6 N. Y. S. (2d) 666.

Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis

Michigan Law Review

Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …

Contracts--Consideration For Pension Agreement, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

El Desempleo En La Economía, Francisco Ducassi Y Mendieta

Mario Diaz Cruz Pamphlets

Oportunidad de la conferencia de los Estados de America en la Habana.