Dispute Resolution and Arbitration Commons^™

Some Comments On Arbitration Legislation And The Uniform Act, Maynard E. Pirsig

Vanderbilt Law Review

Common-law arbitration rests upon a voluntary agreement of the parties to submit their dispute to an outsider. The submission agreement may be oral and may be revoked at any time before the rendering of the award. The tribunal, permanent or temporary, may be composed of any number of arbitrators. They must be free from bias and interest in the subject matter and may not be related by affinity or consanguinity to either party. The arbitrators need not be sworn. Only existing disputes may be submitted to them. The parties must be given notice of hearings and are entitled to be …

Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman

Michigan Law Review

A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …

Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.

Michigan Law Review

The employer and the union were covered by a contract which contained a no-strike clause. In spite of this agreement, buffers in the employer's plant walked off their jobs when a blower in the buffing room failed to carry away dust and cool the area properly. The trial examiner found that the walkout was a protected concerted activity and not a strike, and that the employer had therefore committed an unfair labor practice by refusing to permit the buffers to return to their jobs when the blower had been repaired. On exceptions taken to these findings, the NLRB reviewed and …

Labor Law - Collective Bargaining - Duty Of Employer To Substantiate Claim Of Inability To Pay, John Fildew

Michigan Law Review

A union had been recognized by an employer for three years. Pursuant to a reopening clause in the current contract the union asked for a IO-cent wage increase. The company maintained that it was paying above average wages and could not afford more than a 2½-cent hourly raise. When the union asked to be shown the company's books as proof of this claim of inability to pay, the company refused on the ground that the union had no legal right to such information. The National Labor Relations Board found that the company had failed to bargain in good faith with …

The Status Of The Collective Labor Agreement In France, Robert J. Nye

Michigan Law Review

This paper is intended to outline in historical perspective the statutory, judicial, administrative and social developments which have made the collective agreement an indispensable accessory to legislative and judicial regulation in France.

The Progress Of The Law: Hemisphere Trial Link / Antiquity And The Law / New Court Rules / Easing Of Adoptions / Blackout Motorists / Ad Lib Tv Defamation Constitutes Libel-Not Slander / Foreign Aid Program / Law Of The Sea / Mediators Ask Confidential Role

NYLS Law Review

No abstract provided.

Compulsory Arbitration In Pennsylvania - Its Scope, Effect, Application, And Limitations In Montgomery And Delaware Counties - A Survey And Analysis, Anthony L. Bartolini, Anthony L. V. Picciotti

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Collective Bargaining - Duty Of Employer To Allow Union Time Study, Paul A. Heinen S.Ed.

Michigan Law Review

A dispute arose between the employer and the union as to whether certain duties performed by an employee should be classified as "special assignments" as defined in the labor contract. If these duties were "special assignments" the employee was entitled to a higher job classification. Before arrangements could be made for the third step of the grievance procedure the union asked for permission to enter the plant and analyze the job. Permission was denied by the management and the union filed a charge of unlawful refusal to bargain. The trial examiner found that by refusing the union's request the employer …

Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.

Michigan Law Review

During negotiations for a new contract, the union engaged in harassing action against the employer by promoting an organized refusal to work overtime, extending rest periods without authorization, directing employees to refuse to work special hours, encouraging slow-downs and unannounced walkouts, and inducing employees of a subcontractor not to work for their employer. There was no specific demand which the activity was designed to enforce. The National Labor Relations Board found that this activity was evidence of a failure on the part of the union to bargain in good faith, and was, therefore, a violation of section 8 (b) (3) …

Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.

Michigan Law Review

Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …

Legality Of The Maryland Public Utilities Disputes Act, Bernard J. Seff

Maryland Law Review

No abstract provided.

Labor Law - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed.

Michigan Law Review

After continued employer demands to discuss contract ratification and strike authorization clauses, the union discontinued contract negotiations on the ground that such proposals constituted interference with its internal affairs and as such were not within the scope of mandatory collective bargaining as defined by sections 8 (d) and 9 (a) of the amended National Labor Relations Act. The National Labor Relations Board found the union's action to be the result of the employer's refusal to bargain in compliance with section 8 (d) and issued an appropriate order directing the company to cease and desist from insisting upon these proposals to …

Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.

Michigan Law Review

Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …

Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed.

Michigan Law Review

Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff's action is equitable in nature …

Labor Law - Certified Union's Loss Of Majority Status During Certification Year And Without Fault Of Employer As Justification For Refusal To Bargain, Eugene Alkema S.Ed.

Michigan Law Review

The "one year certification rule" was originated in the early years of the National Labor Relations Board and has been consistently applied by it. Essentially it provides that after certification an employer is required to bargain with the certified union for a reasonable time, which is usually one year in the absence of "unusual circumstances." The certified union is conclusively presumed to represent a majority of employees in the unit for that period, the presumption afterward becoming rebuttable. This system of successive conclusive and rebuttable presumptions represents a compromise between the competing policies of giving a union time to establish …

Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan

Michigan Law Review

A member of the United Electrical Workers Union was discharged from the J. H. Day Company because of his refusal to testify concerning his communist affiliation before the Ohio Un-American Activities Committee and because of the unfavorable publicity which had resulted. Under grievance procedure, the union brought the matter before arbitration. Findings, there was no just cause for dismissal. The employee is entitled to back pay and to reinstatement subject to security clearance. J. H. Day Company,. 22 LAB. Aim. RBP. 751 (1954).

Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.

Michigan Law Review

Plaintiff union brought suit in a federal district court under section 301 of the LMRA alleging that defendant employer had breached the collective agreement between them by failing to· pay some four thousand employees covered by the agreement for a day on which they did not work. Section 301(a) permits suits for violation of contracts between an employer and a union without respect to the amount in controversy or the citizenship of the parties. Plaintiff sought a declaratory judgment as to the rights of the parties under the agreement, an accounting to determine the amounts of the wages withheld, and …

Labor Law - Union Shop - Discharge Of Employee For Refusal To Accept Union Membership, Sherman A. Itlaner S.Ed.

Michigan Law Review

An employee tendered dues and initiation fee to the union which had a union shop contract with her employer. The union then wrote her a letter welcoming her into membership. She replied that although she had tendered dues and initiation fee she was not joining the union. The union thereupon requested her employer to discharge her pursuant to the provisions of their union shop agreement signed under the 1951 amendment to the Railway Labor Act. After going through the regular grievance procedure the matter came before the arbitrator for .final settlement. Held, the union was entitled to demand the …

The Need For An Adequate Remedy For The Slowdown

Indiana Law Journal

No abstract provided.

Collective Bargaining, By Neil W. Chamberlain, Paul R. Hays

Indiana Law Journal

No abstract provided.

Is A Compulsory Adjudication Of International Legal Disputes Possible?, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

The Nature Of A Grievance In Labor Relations, George Rose

Indiana Law Journal

No abstract provided.

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …

Some Confusing Matters Relating To Arbitration In Washington, Wesley A. Sturges, William W. Sturges

Washington Law Review

A review of the case law and statutes of the state of Washington relating to arbitration points up several issues which are of importance to those who may become concerned with arbitrations in the state of either commercial or labor controversies. Some of these issues result from the views which were advanced by the supreme court relating to the arbitration statute of 1881. These issues are still open, although that statute was repealed by the present act, which was originally enacted in 1943. Other uncertainties inhere in the views which have been advanced by the court since the enactment of …

The Constitutionality Of Compulsory Arbitration, Bernard Schwartz

Kentucky Law Journal

No abstract provided.

Negotiation, Mediation And Especially Arbitration In Labor Disputes, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.

Enforcibility Of Arbitration Clauses In Collective Bargaining Agreements, Catherine E. Gillis

Kentucky Law Journal

No abstract provided.

Bailment-Effect Of Settlement By Bailee As A Bar To Action By Bailor, C. E. Becraft S.Ed.

Michigan Law Review

Plaintiff, as assignee of conditional vendor, brought an action against defendant for damage done to an automobile sold to one Zinner under a conditional sales agreement. The automobile was damaged through the negligence of the defendant and one Fulbrush, who, acting independently and with no knowledge of the plaintiff's claim, settled with Zinner for the full amount of damage; defendant and Fulbrush paying Zinner $429.55. The plaintiff later repossessed the automobile as Zinner failed to keep up his payments under the conditional sales agreement. Plaintiff sold the automobile in its damaged condition and brought this action for the difference in …