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Full-Text Articles in Law
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Cleveland State Law Review
Disposition of funds upon a local's disaffiliation from the international union has been one of the most difficult problems for the courts to overcome in the field of Labor Law. The application of common law doctrines to a mobile field requiring flexible approaches posed many problems. Seemingly, a new theory had to be developed every time'a new situation arose since the courts were reluctant to consistently apply any one theory because of its undesirable results. This resulted in the development of six distinct doctrines: "implied condition" or "frustration of purpose," "local autonomy," "trust fund," "unclean hands," "certification" and "breach of …
The Runaway Shop, Michael Frenkel
The Runaway Shop, Michael Frenkel
Cleveland State Law Review
One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …