Labor and Employment Law Commons^™

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.

Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey

University of Michigan Journal of Law Reform

When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …

New York Minimum Wage Act For Migrant Workers, Karen E. Kuntz

University of Michigan Journal of Law Reform

The abject state in which most migrant workers in this country exist has recently become a matter of national concern. The increasing stridency of the migrants, personified by César Chavez in California, has resulted in recognition of the need for legislative assistance to rescue them from their plight. The migrant worker is unable to help himself, being burdened by a low annual income and an education level of only eight and a half years in school. In New York, the migrant's situation is aggravated by the powerful position of the crew leader or "farm labor contractor," who often determines workers' …

State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith

Michigan Law Review

The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …

Strikes And Impasse Resolution In Public Employment, Arvid Anderson

Michigan Law Review

Experience indicates that in most instances the right to strike is not an essential part of the public employment collective bargaining process.18 Thus, the crucial issue is not really whether strikes should be permitted or prohibited in the public sector, but whether the collective bargaining process itself can be made so effective absent the right to strike that the need for work stoppages will be obviated. It is my conclusion that certain proven impasse resolution procedures--mediation, fact-finding, and in some cases, even arbitration--can be substituted for the strike weapon in public employment without substantial loss in the effectiveness of collective …

The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus

Michigan Law Review

The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …

The Coming Revolution In Public School Management, Donald H. Wollett

Michigan Law Review

Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.

Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus

Michigan Law Review

It is to the basic financial and administrative constraints upon the powers of local governing units that this Article is primarily directed. The examples used are taken largely from Michigan experience and Michigan law. The same limitations upon the financial and administrative powers of local government, however, exist in almost all other states. The Michigan experience with public administration and public employee bargaining should provide both a warning and a guide to other states as they cope with the so-called public employee revolution.

Public Employees' Right To Strike, Marc J. Bloch

Cleveland State Law Review

In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.

Dockside Injuries Under The Longshoremen's And Harbor Worker's Compensation Act, E. D. R., Jr.

Georgia Law Review

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation:

"in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workman's compensation proceedings may not validly be provided by State law."

Since the purpose of the Act was to cover injuries not compensable under …

Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review

Michigan Law Review

Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …

Vertical Conflicts: The Role Of State Law In Suits Under Section 301, Edward J. Hardin, Joseph C. Miller

Vanderbilt Law Review

One of the most difficult practical problems posed by our federal system arises when the judicial institutions of one law-making authority are enlisted to enforce and protect rights created by another. While the United States Supreme Court through its appellate jurisdiction is the institution charged with the final responsibility for overseeing a satisfactory solution to this problem, and while the Court can indicate how competing interests are to be harmonized in specific controversies and provide some principles which may be useful in different contexts, it cannot review every state 301 suit. In the long run, success depends upon the earnest …

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.

Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson

Kentucky Law Journal

No abstract provided.

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.

Indiana Labor Relations Law: The Case For A State Labor Relations Act, Julius G. Getman

Indiana Law Journal

No abstract provided.

Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney

Michigan Law Review

State legislatures have enacted civil service laws applicable to municipalities in order to ensure that local governments provide optimum services to their citizens. To achieve this objective, the laws restrict eligibility for public service positions to persons of proven qualifications. Although these statutes provide general guidelines for municipal employment procedures, final decisions as to the actual hiring of employees are generally left to the municipalities. This practice recognizes the advantages of permitting local officials who are intimately acquainted with the demands of government work in their particular localities to select employees at their own discretion. However, it has been deemed …

Survey Of North Carolina Case Law: Workmen's Compensation, Philip C. Thorpe

Articles by Maurer Faculty

No abstract provided.

Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones

Buffalo Law Review

No abstract provided.

State And Local Contracts And Subcontracts, J. Edward Conway

Buffalo Law Review

No abstract provided.

Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis

Michigan Law Review

Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

Injunctive Relief Against Picketing Under The Indiana Right To Work Law

Indiana Law Journal

No abstract provided.

Municipal Corporations—Prevailing Wage, Weston Wardell Jr.

Buffalo Law Review

Driesbach v. City of New York, 1 N. Y. 2d 272, 135 N. E. 2d 32 (1956).

Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.

Michigan Law Review

Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …

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 …

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.

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--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

A New Tribunal Of The State Of Washington, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.