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Articles 421 - 450 of 469
Full-Text Articles in Labor and Employment Law
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine
Articles
Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
Villanova Law Review (1956 - )
No abstract provided.
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …
Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.
Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch
Law Faculty Publications
An analysis on a worker's compensation case decided by the Supreme Court of Florida.
Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine
Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine
Reviews
If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine
Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine
Other Publications
A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …
Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel
Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel
Articles
In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …
Introduction, Joseph O'Meara
Introduction, Joseph O'Meara
Journal Articles
A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …
Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar
Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar
Michigan Law Review
A complaint issued by the National Labor Relations Board charged respondents, an employer and two labor unions, with illegally maintaining a closed or preferential shop. Following the issuance of the complaint, a settlement agreement was reached in which respondents stipulated to waive a hearing and all other proceedings to which they might be entitled under the National Labor Relations Act or under rules and regulations of the Board. Respondents also consented to the entry of a broad cease-and-desist order and a subsequent decree in which they were ordered to refrain from unlawful preferential hiring arrangements with each other, or with …
No-Strike Clauses In The Federal Courts, Frank H. Stewart
No-Strike Clauses In The Federal Courts, Frank H. Stewart
Michigan Law Review
One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.
Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill
Michigan Law Review
Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …
Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood
Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood
Michigan Law Review
Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …
Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.
Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.
Michigan Law Review
The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Michigan Law Review
Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Michigan Law Review
The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …
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 …
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, …
Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger
Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger
Michigan Law Review
Lane's application for an annuity under the Railroad Retirement Act to the lower adjudicative branches of the Railroad Retirement Board was denied. Lane, by claiming that a "grievance" had been created by the railroad's insistence that he had voluntarily resigned from its service in 1933, then brought the matter before the National Railroad Adjustment Board, which found that Lane had been an "employee" of the railroad from 1905 to 1937. When Lane's case was subsequently heard before the Retirement Board, the findings of the lower adjudicative branches of the Board were affirmed and the Board held that it was not …
Labor Law—Injunctions—Jurisdiction Of N. L. R. B. Held Exclusive, Francis W. Greune.
Labor Law—Injunctions—Jurisdiction Of N. L. R. B. Held Exclusive, Francis W. Greune.
Buffalo Law Review
Ryan v. Simons, 277 App. Div. 1000, 100 N. Y. S. 2d 18 (2d Dept. 1950).
Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos
Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos
Journal of Legal Education
No abstract provided.
Recent Books, Michigan Law Review
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.
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Michigan Law Review
The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Jurisdiction Of State Equity Courts
Jurisdiction Of State Equity Courts
Indiana Law Journal
Notes and Comments: National Labor Relations Act