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Full-Text Articles in Law
Labor Law-Collective Bargaining Agreements-Implied Limitation On Management's Right To Subcontract, A. Paul Victor
Labor Law-Collective Bargaining Agreements-Implied Limitation On Management's Right To Subcontract, A. Paul Victor
Michigan Law Review
During the existence of a collective bargaining agreement which included both exclusive recognition and union shop clauses but did not include a management prerogatives clause, defendant employer, without the consent of the plaintiff union, contracted out janitorial work which had previously been performed by three of its employees. Subsequently, these employees were laid off and the plaintiff's protest, though in compliance with all grievance procedures, was unsuccessful. Thereupon, the plaintiff sought declaratory judgment relief under section 301 of the Labor-Management Relations Act, alleging that the defendant had no right to subcontract work customarily performed on its premises by its employees …
Labor Law-Unemployment Compensation-Applicable Disqualification Provision Where Claimant Is Discharged For Unauthorized Walkout, L. R. Bishop
Michigan Law Review
Plaintiff was discharged by his employer for participating in a walkout which was not authorized by the union of which he was a member and which was in violation of the applicable collective bargaining agreement. In passing upon his subsequent application for unemployment compensation, the Appeal Board ruled that he was disqualified from receiving benefits for the duration of his unemployment because his actions had constituted "misconduct" under section 29(1)(a)(2) of the Michigan Employment Security Act. The circuit court reversed, holding that the "misconduct" provision did not apply and that plaintiffs acts were properly cognizable under section 29(1)(b) which provides …
Labor Law-Collective Bargaining Agreements-Sham Exception To The Parol Evidence Rule In Welfare Trust Fund Agreement, John M. Price
Labor Law-Collective Bargaining Agreements-Sham Exception To The Parol Evidence Rule In Welfare Trust Fund Agreement, John M. Price
Michigan Law Review
Defendant, shortly after commencing a small-scale strip-mining operation, signed a standard United Mine Workers collective bargaining agreement. He claimed that before signing he informed the union representative that he could not pay the union wage scale, or the specified royalty payments to the plaintiffs, trustees of the union welfare and retirement fund, and that he signed only after being assured that the agreement was a mere formality. Defendant did not pay union wages, and sent monthly checks to the plaintiffs only in amounts he felt he could afford. Plaintiffs brought suit on the written agreement for payment of the royalties …