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Articles 1 - 13 of 13
Full-Text Articles in Law
Labor Law - Labor - Management Relations Act - Attempt To Institute Consumer Boycott As Unfair Labor Practice, George B. Berridge S.Ed.
Labor Law - Labor - Management Relations Act - Attempt To Institute Consumer Boycott As Unfair Labor Practice, George B. Berridge S.Ed.
Michigan Law Review
In attempting to induce certain employees of defendant, a manufacturer of bakery products, to join a bakery workers' union, the union and several labor councils picketed retail stores selling defendant's goods in Los Angeles. Placards carried by the pickets stated that defendant was non-union and on the 'We-do-not-patronize" list of various labor organizations. A California state court granted defendant a preliminary injunction against the picketing. Thereupon the National Labor Relations Board applied to federal district court for a preliminary injunction restraining defendant from invoking the injunction granted by the state court, claiming that since the unions' conduct was an unfair …
Labor Law - Removal Jurisdiction Of Federal Courts - Action To Enjoin Secondary Boycott, George B. Berridge S.Ed.
Labor Law - Removal Jurisdiction Of Federal Courts - Action To Enjoin Secondary Boycott, George B. Berridge S.Ed.
Michigan Law Review
Plaintiff, a Michigan trucking company subject to the LMRA, brought suit in a Michigan court against defendant, a local of the Teamsters Union, for an injunction and $50,000 damages. Plaintiff alleged that defendant's conduct in attempting to coerce plaintiff's employees to become members of the Teamsters Union was an illegal combination and conspiracy under Michigan law and a violation of the Michigan antitrust laws. Defendant removed the case to a federal district court on the theory that certain specific acts alleged by plaintiff would constitute an unlawful secondary boycott under the LMRA and that plaintiff had therefore stated a cause …
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Michigan Law Review
Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …
Labor Law-Labor-Management Relations Act-Anti-Featherbedding Provision, Walter H. Weiner S.Ed.
Labor Law-Labor-Management Relations Act-Anti-Featherbedding Provision, Walter H. Weiner S.Ed.
Michigan Law Review
The typographers union insisted that newspaper publishers, upon using advertising mats as molds for metal castings from which to print advertisements, pay typesetters, at regular rates, for setting up duplicate forms for such advertisements in the same manner as though mats were not used, which duplicate forms are ordinarily melted down without having been used. The musicians union insisted that a theater employ a local orchestra, as a condition of the union's consent to the local appearance of traveling bands, to play overtures, intermissions and chasers. The publishers association and the theater challenged these demands as attempts to exact payments …
Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young
Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young
Michigan Law Review
Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …
Labor Law-State Regulation Of Recognition And Organizational Picketing, Richard D. Rohr S.Ed.
Labor Law-State Regulation Of Recognition And Organizational Picketing, Richard D. Rohr S.Ed.
Michigan Law Review
Just as the fixed circumference of spheres of influence tends to reduce clash and friction in world affairs, so peaceful industrial relations are fostered by definite legal rules of conduct. Recent litigation, both by its amount and variety of result, testifies to a continued uncertainty as to the permissible scope of peaceful, primary picketing. The major problems may be subsumed under the loose category of "stranger picketing," but a distinction of some legal significance has developed within this category between picketing by the non-representative union for recognition by the employer and picketing for organizational purposes, that is, to win the …
Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.
Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.
Michigan Law Review
A statute of Oklahoma required public employees to take an oath that, among other things, they were not, for five years previous had not been, and would not become, affiliated with an organization which advocated the overthrow of the Government of the United States or of the State of Oklahoma by force or violence or other unlawful means or which had been determined by the United States Attorney General to be a Communist front or subversive organization. A citizen and taxpayer sought to enjoin payment of salaries to teachers at Oklahoma A. & M. College who had not taken the …
Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.
Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.
Michigan Law Review
One month after the employer and the union entered into a two-year contract containing a union-shop provision, a group of employees filed a petition under section 9(e)(1) of the NLRA as amended in 1951 seeking an election to rescind the union's authority to make a union-shop agreement. The union argued (1) that the contract was a bar to the election and (2) that even if an immediate election was ordered and an affirmative deauthorization vote cast, the existing union-shop clause should be held effective during the remainder of the contract term. The Board ruled, 3/2, that section 9(e)(1) as …
Corporations--Officers And Agents-Authority Of Manager To Enter Into A Lifetime Employment Contract, Peter Van Domelen S.Ed.
Corporations--Officers And Agents-Authority Of Manager To Enter Into A Lifetime Employment Contract, Peter Van Domelen S.Ed.
Michigan Law Review
In 1924, the plaintiff, while working as an employee of the defendant corporation, suffered an injury which resulted in the loss of his leg. During his period of convalescence the plaintiff was visited by the district superintendent of the defendant corporation and was assured that the corporation would pay for his medical expenses and furnish him with a lifetime job in exchange for his promise to forbear from suit. Upon recovery, the plaintiff returned to work and served the defendant in various capacities until 1949, at which time he was discharged without cause. The plaintiff brought an action to recover …
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Michigan Law Review
Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Michigan Law Review
A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …
Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.
Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.
Michigan Law Review
Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …
Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed
Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed
Michigan Law Review
One of the employer's traditional weapons against the economic power of unions is the lockout. Since the central economic element involved in strikebreaking is that the operation of the plant and equipment is as important to labor as labor is to the operation of the plant and equipment, the lockout is one of the simplest methods of strikebreaking or of resisting union demands. This is so because in the endurance contest which ensues the economic resources of the employer are likely to be greater than those of the employee. Just as there are restrictions on union use of the strike, …