Labor and Employment Law Commons^™

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones

Michigan Law Review

Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …

Book Reviews, Vern Countryman, Maurice H. Merrill, Nathan P. Feinsinger, Heinrich Kronstein, Caroll W. Weathers, Walter O. Weyrauch, Harry N. Rosenfield

Journal of Legal Education

No abstract provided.

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.

Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith

Michigan Law Review

It is common knowledge that dramatic and almost revolutionary developments have taken place in labor law since the turn of the century. Indeed, "labor law" has only during this period achieved the distinction of a recognized branch of the law. Concurrently, trade unions have experienced an amazing growth, as well as changes in basic structure, and it may fairly be stated that the enlargement of the pertinent body of law has both stimulated and been influenced by the augmentation of union power. This article is intended as a survey of significant developments in the law, not as a treatment of …

Smith: Labor Law: Cases And Materials, Harry Shulman

Michigan Law Review

A Review of LABOR LAW: CASES AND MATERIALS. By Russell A. Smith.

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.

De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon

Michigan Law Review

An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …

Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith

Michigan Law Review

It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …

Military Action In Labor Disputes, William Burns Lawless

Journal Articles

Generally, we may say that the executive power to initiate military action is commensurate with the emergency. If the situation is grave, the civil courts may be closed and a military commission appointed by the governor to substitute for the judiciary. In all events the power is potentially a vast one. Discriminate, ly applied it bargains a temporary suspension of rights for a restoration of law and order.

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …

Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg

Michigan Law Review

The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …

Constitutional Law - Minimum Wage Decision - Future Of Legislation By States

Michigan Law Review

The shadow of a thirteen-year old decision which many had hoped was laid forever again fell upon the field of minimum wage legislation as the Supreme Court invalidated the New York minimum wage law for women. With this holding, which came as a surprise to many, the issue of the constitutionality of minimum wage legislation was again thrust into the limelight, and with the two great political parties wrestling with the problem of party programs, the decision may have political repercussions, of a force as yet incalculable. Before considering the future of minimum wage legislation, let us take a brief …

Los Bonos Del Mercado Único Y La Ley De Moratoria Hipotecaria, Rafael Maruri Y Valdivia, Ismael Boschmonar Y Pestana

Mario Diaz Cruz Pamphlets

No abstract provided.

The Italian Magistracy Of Labour A Fascist Experiment, Leonard Manyon

Michigan Law Review

The legislators of Fascist Italy, although they vigorously affirm the unprecedented and original character of their achievement, do not despise history--or even pre-history--as a measure of that achievement. In the social and economic no less than in the political sphere, they claim the merit of vast innovations, whose true significance, they tell us, can be gauged only by surveying, across the course of centuries, the evolution of human civilization.

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.

Labor And The Law In The Public Utility Field, George Jarvis Thompson

Michigan Law Review

To the cynical this title may suggest a rhetorical antithesis, and the average citizen cannot but be a bit cynical as a result of his observation and experience of the actuality of the failure of the law to function for the preservation of the continuity of these essential public services in the frequently recurring outbreaks between organized capital and organized labor. In a great measure, he has only himself to blame for this unfortunate condition. He lent ear to the vote-seeking politician and to the propaganda of the interested parties, taking sides with one or the other without thought of …