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Full-Text Articles in Law

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed. Dec 1948

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …


Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed. Dec 1948

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.

Michigan Law Review

In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …


Selekman: Labor Relations And Human Relations, Michigan Law Review Nov 1948

Selekman: Labor Relations And Human Relations, Michigan Law Review

Michigan Law Review

A Review of LABOR RELATIONS AND HUMAN RELATIONS. By Benjamin M. Selekman.


Lester And Shister: Insights Into Labor Issues, Michigan Law Review Nov 1948

Lester And Shister: Insights Into Labor Issues, Michigan Law Review

Michigan Law Review

A Review of INSIGHTS INTO LABOR ISSUES. Edited by Richard A. Lester and Joseph Shister.


Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed. Nov 1948

Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.

Michigan Law Review

Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …


Killingsworth: State Labor Relations Acts, Michigan Law Review Nov 1948

Killingsworth: State Labor Relations Acts, Michigan Law Review

Michigan Law Review

A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.


Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed. Nov 1948

Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

Following a breakdown in negotiations over contract extension, plaintiff union, the certified representative of defendant's employees, sued in a federal district court, alleging that defendant was guilty of an unfair labor practice under the Labor-Management Relations Act in refusing to bargain in good faith. An injunction was sought requiring defendant to bargain with the union. The district court overruled motions' to dismiss for lack of jurisdiction and granted the relief requested. On appeal, held, reversed. The district court lacked jurisdiction to entertain the suit. Amazon Cotton Mills Co. v. Textile Workers Union, (C.C.A. 4th, 1948) 167 F. (2d) …


Recent Books, Michigan Law Review Jun 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.


Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed. May 1948

Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed.

Michigan Law Review

Employer and union had an existing collective agreement which provided detailed procedures for adjusting grievances, including arbitration as the final step, and contained a no-strike clause. Disputes arose concerning action taken by the employer affecting working schedules, overtime work, and other conditions of employment without consulting the union; and disciplinary measures were taken against certain employees in pursuance of the new working rules. The union finally called a strike, without filing grievances according to the contract procedure on the disputes which were the immediate causes of the strike. The employer discontinued hearings on two pending grievances and refused to negotiate …


Vested Rights And The Portal-To-Portal Act, Ray A. Brown Apr 1948

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.


Ginzberg: The Labor Leader, Michigan Law Review Apr 1948

Ginzberg: The Labor Leader, Michigan Law Review

Michigan Law Review

A Review of THE LABOR LEADER, By Eli Ginzberg.


The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith Mar 1948

The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith

Michigan Law Review

Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …


Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review Feb 1948

Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review

Michigan Law Review

A Review of PATTERNS OF UNION-MANAGEMENT RELATIONS. By Frederick H. Harbison and Robert Dubin.


Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey Jan 1948

Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey

Michigan Law Review

In a contempt action against the business agent of an A.F.L. furniture and van workers local for violation of an injunction based on statutes prohibiting "hot goods" and "secondary" boycotts, held, petitioner discharged; the statutes are violative of the Fourteenth Amendment of the federal Constitution in prohibiting peaceful picketing or other publication of the facts concerning a labor dispute in pursuance of an "agreement or combination to cause" any employee to stop handling certain goods or to put pressure on his employer to do so. ln re Blaney, (Cal.1947) 184P. (2d) 892.


Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed. Jan 1948

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …