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Full-Text Articles in Law

Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey Dec 1969

Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey

University of Michigan Journal of Law Reform

When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …


Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould Dec 1969

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …


Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review Dec 1969

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.


Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review Dec 1969

Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review

Michigan Law Review

In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …


Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review Jun 1969

Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review

Michigan Law Review

The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …


Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald Apr 1969

Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald

University of Michigan Journal of Law Reform

The spiraling costs of political campaigns 5 and the continuing significant role played by unions and corporations in the financing of those campaigns call for an examination of section 610's efficacy as a prohibitory statute. This article will focus on the use of labor union funds in the financial aspects of national politics. It will first discuss the loopholes in section 610: those loopholes created through narrow judicial interpretation of the statute and those resulting from its imprecise drafting. Particular emphasis will be placed upon an analysis of the sources of funds available to unions for political activities and the …


Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review Apr 1969

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review

Michigan Law Review

The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …


Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review Jan 1969

Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review

Michigan Law Review

The principal case emphasizes the general conflict between an employee's right of self-organization under section 7 of the NLRA and the employer's right, as a property owner, to control access to his plant premises. Face-to-face contact between employees and trained union organizers at the workplace would undoubtedly be the most effective way for the union to impart organizational information to the employees. But this assumption overlooks the legitimate interests of the employer; to permit organizational activities in all parts of the plant at any time would be unduly destructive of both plant production and discipline and could result in the …