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Labor Law - Arbitration - Determination Of The Question Of Arbitrability Under Section 301(A) Of Labor-Manabement Relations Act, Cecil R. Mellin
Labor Law - Arbitration - Determination Of The Question Of Arbitrability Under Section 301(A) Of Labor-Manabement Relations Act, Cecil R. Mellin
Michigan Law Review
Plaintiff- union brought an action under section 301 (a) of the Labor-Management Relations Act to compel arbitration of a grievance over the subcontracting of work by defendant-employer. The collective bargaining agreement provided that questions as to the proper interpretation or application of any of the provisions of the agreement would be submitted to arbitration and that all matters involving exclusively managerial functions were excluded from arbitration. The trial court held the grievance not arbitrable. On appeal, held, reversed. An implied covenant of good faith and fair dealings and the fact that some private arbitrators have held that the conventional …
Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler
Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler
Michigan Law Review
In an effort to settle a nationwide steel strike the President invoked the "national emergency" provisions of the Taft-Hartley Act. Having made the requisite finding that the strike would "imperil the national health or safety," he appointed a board of inquiry to investigate the dispute. Upon receipt of the board's report the President directed the Attorney General to seek an injunction against the strike. Basing its determination largely upon the strike's hindrance of the national defense program, the district court found the strike would "imperil the national health or safety" and granted the injunction The court of appeals, affirming, rejected …