Labor and Employment Law Commons^™

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 …

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 …

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Unemploymenet Compensation - Disqualification - Employee's Refusal To Discuss Alleged Communist Party Membership With His Employer Constitutes Misconduct Connected With His Work, Joel N. Simon S.Ed.

Michigan Law Review

Claimant was discharged after he refused to explain or deny charges of Communist Party membership, made against him before a congressional committee, at a hearing conducted by his employer, a private contractor engaged in defense work. The Unemployment Compensation Board of Review rejected his claim for unemployment compensation benefits upon a finding that this refusal constituted "willful misconduct connected with his work." On appeal, held, affirmed. An employee's refusal to discuss alleged Communist Party membership with his employer, who is engaged in defense work, creates doubt as to his loyalty and jeopardizes his employer's defense contracts. His consequent discharge …

Voluntary Impartial Review Of Labor: Some Reflections, Walter E. Oberer

Michigan Law Review

The purpose of this paper is to examine the emerging concept of voluntary impartial review of the decisions of organizational tribunals passing upon internal disputes. Attention will center on the application of this concept to labor unions - the only area in which it has yet been tried.

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger

Michigan Law Review

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.

Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed.

Michigan Law Review

Petitioner union was certified as exclusive bargaining representative of an employees' unit in 1953. When contract negotiations faltered, the union called a strike and began picketing the employer's retail store. The picketing continued for two years during which time the employer permanently replaced the strikers with non-union employees. In 1955 the union lost a new representation election by a vote of 28 to 1 and was decertified. When the picketing persisted, the employer petitioned the National Labor Relations Board, charging the union with an unfair labor practice. The Board, after finding that the union's objective was exclusive recognition, held that …

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 …

The Law Of The Collective Agreement, Charles O. Gregory

Michigan Law Review

The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit …

Collective Bargaining And The Law, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the Law School of The University of Michigan, as a part of its program of public service, has sponsored a series of summer institutes to provide a medium for high-level discussion of legal problems in areas of public concern. In 1950 the subject of the Summer Institute was "The Law and Labor-Management Relations." In 1958 it seemed desirable again to turn to this important field, and the subject selected was "Collective Bargaining and the Law."

The 1958 Institute brought together a distinguished group of experts in labor relations law and produced a series of papers and comment which, …

Corporations - Compensation Of Management - Bonus Plan, Sidney Buchanan

Michigan Law Review

Defendant corporation's board of directors adopted a profit-sharing retirement plan which was never ratified by the shareholders. The plan assigned to key employees "units" having a fixed dollar value equal to the current market value of the corporation's common stock. The company promised to pay each unit holder, upon termination of employment, a sum equal to the number of units held times the increase in market value of the stock from the time the units were issued to the date employment terminated or any date within five years thereafter selected by the employee. The right of each unit-holder to receive …

Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly

Michigan Law Review

An arbitrator, acting under a collective bargaining agreement which called for a "speedy arbitration" procedure, issued an award enjoining the unions from continuing a slowdown in violation of that clause of the agreement forbidding strikes, lockouts, and slowdowns. A Supreme Court order granted the employers' motion to confirm the award and overruled the unions' cross motion to vacate. The unions claimed that the arbitrator, in issuing the injunction, had exceeded the powers granted him under the agreement and had acted contrary to section 876a of the Civil Practice Act (the New York Anti-Injunction Act). The Appellate Division affirmed the order …

Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley

Michigan Law Review

In companion cases state employees of Pennsylvania and New York were dismissed on grounds of "incompetency" and "doubtful trust and reliability" for refusing to answer questions by superiors concerning membership in communist organizations. Petitioner Beilan also invoked the Fifth Amendment at a hearing by a congressional investigating committee between the time he refused to answer his superior and the time he was dismissed. Appellant Lerner had invoked the Fifth Amendment when he refused to answer the questions asked by city officials. The highest courts of the states upheld the dismissals, making it clear that they were based on refusal to …

Labor Law - Evidence- Production Of Pre-Trial Statements For Purpose Of Cross-Examination In Nlrb Proceeding, Bruce L. Bower

Michigan Law Review

Respondent was accused of unfair labor practices. At the hearing before the trial examiner, respondent requested pre-trial statements of the general counsel's witnesses who testified, for the purpose of impeaching their credibility on cross-examination. The trial examiner's refusal was upheld by the NLRB. Upon motion to reopen the record, held, the record is reopened and further proceedings are to be held before the trial examiner. The holding of Jencks v. United States applies to NLRB proceedings; hence respondent has the right for cross-examination purposes to production of pre-trial statements made by the general counsel's witnesses which directly relate to …

Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.

Michigan Law Review

In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …

Chamberlin, Bradley, Reilly And Pound: Labor Unions And Public Policy & Gregory: Labor And The Law, Paul R. Haerle

Michigan Law Review

A Review of Labor Unions and Public Policy. By Edward H. Chamberlin, Philip D. Bradley, Gerard D. Reilly and Roscoe Pound.

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox

Michigan Law Review

One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …

Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky

Michigan Law Review

The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike. The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the …

Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson

Michigan Law Review

The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees' bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections …

Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.

Michigan Law Review

Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …

Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr

Michigan Law Review

Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …

Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell

Michigan Law Review

The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …

Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.

Michigan Law Review

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction's millwork. The NLRB issued a complaint against the striking …

Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams

Michigan Law Review

Plaintiff, Sorenson, contracted with defendant, Overland Corporation, to become one of its directors, and the contract was approved by Overland's stockholders. After he began to serve as a director, Sorenson was made a party defendant to a stockholder's derivative suit attacking the propriety of his contract of employment with Overland. The derivative suit terminated in favor of Sorenson and he then brought an action for reimbursement of the counsel fees incurred by him in defending the stockholder's action. Plaintiff's action was under a corporate by-law providing that the corporation shall indemnify directors and officers against expenses incurred by them in …

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …

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 …

Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.

Michigan Law Review

Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant's business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company's volume of business did not meet the Board's revised minimum "jurisdictional" standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board's determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme …

Executive Compensation And Federal Securities Legislation, Myer Feldman, V. Henry Rothschild

Michigan Law Review

In this article we first consider the type of compensation plan or arrangement which must be registered with the Securities and Exchange Commission. We shall then outline the requirements for disclosing the plan and its terms, as imposed by federal securities legislation and administrative regulation thereunder.

Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.

Michigan Law Review

In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …