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Articles 1 - 10 of 10
Full-Text Articles in Law
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
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 …
Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan
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
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, …
Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder
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. …
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
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
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 …
The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey
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
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 …
Railroads - Damages Under Employers' Liability Act - Use Of Annuity Payments Under Railroad Retirement Act In Mitigation Of Damages, William H. Klein
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, …
Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen
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 …