Labor and Employment Law Commons^™

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 …

Partial Strikes And National Labor Policy, Richard Mittenthal

Michigan Law Review

Some authorities have argued that "partial strike" is a misnomer and a contradiction in terms. In their view, a partial strike is not in fact a "strike" and should not be entitled to any of the legal benefits and protections which may stem from a strike status. That argument is discredited today, especially because of the broad definitions which were incorporated in the amended National Labor Relations Act. In Title V, section 50 l (2) of the act, Congress said: "The term 'strike' includes any strike or other concerted stoppage of work by employees ... and any concerted slowdown or …

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 - 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 …

Antitrust And Labor, Russell A. Smith

Michigan Law Review

The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …

Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.

Michigan Law Review

Plaintiff-employee was informed by the defendant, his employer, that his employment would be terminated because he had attained the age of sixty-five and it was the policy of the defendant to retire such employees. There was evidence indicating that this policy had been in practice uniformly for several years, but it was not incorporated in the collective bargaining agreement between defendant and plaintiff's union. Plaintiff sued for damages for violation of his rights under the collective agreement. Held, judgment for plaintiff. The legal and practical effect of compulsory retirement is the same as a discharge, and plaintiff's employment was …

Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers

Michigan Law Review

An employer unilaterally instituted a stock purchase plan, membership in which was voluntary and open to regular employees who had at least one year of service and were at least thirty years of age. Members, through authorized payroll deductions, were to contribute monthly not less than five dollars but not more than five percent of their earnings. The employer contributed monthly an amount equal to fifty percent of each member contribution and annually an amount dependent upon the ratio of profits to invested capital, up to a combined total of seventy-five percent of the members' contributions. Member contributions were kept …

Labor Law - Organizational Picketing In Industries Not Affecting Interstate Commerce, Arne Hovdesven

Michigan Law Review

Representatives of defendant union approached plaintiff, proprietor of a small liquor store, with information that they planned to initiate an organizational campaign to obtain the membership of the store's three clerks, none of whom were members of any union at that time. Subsequent to this meeting, a picket line of two men was established and was maintained without any acts of violence, for over nineteen months until halted by a permanent injunction issued by the New York Supreme Court, Appellate Division. The union did not make any demands upon plaintiff to sign a contract or to recognize it as bargaining …

Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.

Michigan Law Review

Under what circumstances has an employee "voluntarily" left work so as to disqualify him from receiving benefits under an unemployment compensation act? This general question has troubled the courts for a considerable time and has presented itself in a variety of fact situations, e.g., leaving work because of labor disputes and for personal reasons. The courts' interpretation of the meaning of "voluntarily" has generally been influenced by numerous considerations such as the policy behind unemployment compensation, the specific terminology of the statute involved, and the procedure for financing the plans. The specific problem with which this comment deals is summarized …

Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott

Michigan Law Review

Before discussing the application of the 1954 Internal Revenue Code with regard to the taxability of meals and lodging furnished an employee by his employer, several fundamental tax concepts should be examined. The first of these involves the definition of gross income, which for many years has been cast in broad statutory language. For example, section 22(a) of the 1939 Internal Revenue Code provided that gross income includes " ... gains, profits, and income derived from salaries, wages, or compensation for personal service ... of whatever kind and in whatever form paid .... " Comprehensive as these terms appear, gross …

Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed.

Michigan Law Review

One hundred and seventy employees of the respondent, predominantly union members, engaged in an "economic'' strike. Thirty of them returned during the strike; the others were permanently replaced. After the strike had ceased, the union asked the respondent if it would take back the remaining strikers as soon as possible, to which the respondent replied that it would rehire them when it could. About 100 strikers then applied for employment and 73 were rehired. The remaining strikers caused a complaint to be filed, alleging discrimination in violation of section 8 (a) (3) of the amended National Labor Relations Act. The …

Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling

Michigan Law Review

A union gave notice of its desire to modify the existing collective bargaining agreement sixty days before the date when, according to the terms of the contract, modification would be allowed. Eight months later, but prior to the termination date of the contract, the union called a strike. After several weeks the employees returned to work but the employer refused to reinstate them on the ground that they had struck before the expiration date of the contract in contravention of section 8(d) of the amended National Labor Relations Act and had thereby lost their employees status. On petition to the …

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

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 - 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 - Applicable Remedies When An Employer Transers To A New Location To Avoid Dealing With A Union, John F. Dodge, Jr. S.Ed.

Michigan Law Review

An interstate trucking concern with depots in numerous cities, was approached by a union seeking recognition as the bargaining representative of the office and clerical workers at one of the depots. The employer, after interrogating the employees involved as to their union affiliation, transferred the clerical work done at that depot to an office in a different city, but continued operating the trucking depot itself. The clerical employees were discharged but were offered reinstatement at the new location, together with reimbursement of the expenses of moving to the new location. Held, the employer violated sections 8(a)(1), 8(a)(3), and 8(a)(5) …

Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.

Michigan Law Review

After several months of unsuccessful negotiations on a new contract, a local union of truck drivers, affiliated with the A.F.L. Teamsters International Union, struck one of the members of a multi-employer bargaining association. The following day the remaining members of the association locked out their non-striking employees after advising the union that the action was the result of the union's strike against one member of the association, and that the employees who had been laid off would be recalled if the union withdrew its picket line and ended the strike. The union processed a complaint to the National Labor Relations …

Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.

Michigan Law Review

Plaintiff, an association of painting contractors, brought an action to enjoin strike activities by organized painters who had struck to obtain a contract provision prohibiting the use of pan-rollers while on union jobs. The plaintiff contended that the newly developed method of applying paint with rollers is faster and results in no deterioration of the standards of the trade. The defendant local union maintained that the application of paint with rollers is injurious to the health and safety of painters and fails to furnish either the long-lasting or finely finished quality characteristic of brush painting. Held, that the application …

Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld

Michigan Law Review

Section 9(h) of title I of the Labor-Management Relations Act requires that officers of unions which desire access to NLRB facilities file non-Communist affidavits with the Board. During the effective period of appellee unions' compliance with this requirement, the Board referred certain affidavits to the Department of Justice for investigation. After the suspected officers had refused to testify concerning the truth or falsity of their affidavits in subsequent grand jury proceedings the Board issued a Notice and Order requiring the officers to reaffirm the truth of the prior affidavits and to attest to non-membership in the Communist Party since filing …

Workmen's Compensation - Injuries Arising Out Of And In The Course Of Employment - Employer Furnishing Transportation And Employee Carrying Work To Do At Home As Exceptions To Coming And Going Rule, James W. Beatty S.Ed.

Michigan Law Review

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen's Compensation Act. The Workmen's Compensation Commission entered an award for the plaintiff. On appeal by the state, held, …

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 - Labor-Management Relations Act - Interrogation Concerning Union Membership As An Unfair Labor Practice, John H. Leddy S.Ed.

Michigan Law Review

Concerned about possible loss of Allied Trades Council approval if a union not a member of the council should be elected by Syracuse Color Press employees in a forthcoming representation election, the plant superintendent called five employees into his private office. He and the general manager questioned them concerning membership and meetings of the nonmember union, and about employee sympathy regarding that union. The nonmember union filed a complaint and the trial examiner of the National Labor Relations Board found a violation of section 8(a)(1) of the National Labor Relations Act, although he found no actual coercion of the employees. …

Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.

Michigan Law Review

In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …

International Law-Reservations To Commercial Treaties Dealing With Aliens' Plights To Engage In The Professions, Alan Reeve Hunt S.Ed.

Michigan Law Review

The question of how far an alien may engage in a profession despite state requirements of citizenship which attach to many professions has not been widely litigated or discussed in this country. Recent action by the United States Senate, however, has created interest in problems presented by commercial treaty provisions which guarantee to alien nationals of many countries the right to engage in professions. Attention has thus been focused on law and policy questions which were formerly of little concern outside of the State Department. On July 21, 1953 the Senate gave its advice and consent to the ratification of …

Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.

Michigan Law Review

ln the first of three cases involving employer encouragement of union membership the National Labor Relations Board held that a union had violated section 8(b)(2) of the amended National Labor Relations Act by inducing an employer to refuse to hire a union member who had failed to comply with the union's rules as to job clearances. The Court of Appeals for the Second Circuit rejected the union's contention that the employer's action was not such as to encourage union membership and enforced the Board's order. In the second case a union was found by the board to nave violated section …

Labor And The Schuman Plan, Gerhard Behr

Michigan Law Review

The European Coal and Steel Community of France, Germany, Italy and the Low Countries in full operation since May 1953, is an unprecedented type of a supranational organization, unique in its institutions as well as in its means for creating a single competitive market for coal, iron and steel within the European territories of those participating states.

Aside from the long term political objective of Franco-German rapprochement as the foundation stone for a future Western European political consolidation or even federation, the Schuman Plan encompasses economic as well as social aims. By establishing such a supranational market the Community seeks …

Labor Law--Labor-Management Relations Act--"Captive Audience" Doctrine, George B. Berridge S.Ed.

Michigan Law Review

The day before a representation election was to be held at respondents plant the employees were assembled on the premises during working hours to hear an anti-union address by respondent's president. The union requested but was refused a similar opportunity to address the employees, and it appeared that respondent had in force a rule prohibiting union solicitation on company property. The National Labor Relations Board decided that although the contents of the president's speech were within the privilege of section 8(c) of the amended National Labor Relations Act, in refusing the union's request respondent had applied its no-solicitation rule in …

Labor Law--Labor-Management Relations Act--Disparagement Of Employer's Product As Protected Concerted Activity, George B. Berridge S.Ed.

Michigan Law Review

When contract negotiations between an employer, a Charlotte, North Carolina TV station, and a local union representing the station's technicians reached an impasse, the technicians remained on the job but circulated handbills attacking the inferior quality of the employer's programs. These handbills, which were distributed throughout Charlotte as well as on a picket line which the technicians maintained during their off-duty hours, were signed simply "WBT Technicians" and made no reference to the labor dispute. The company discharged the technicians, whereupon the union filed a complaint with the National Labor Relations Board charging a violation of sections 8(a)(1) and 8(a)(3) …

Labor Law - Use Of Federal Removal Jurisdiction To Defeat State Court Injunction Suits, George B. Berridge S.Ed.

Michigan Law Review

The use of the injunction in labor disputes is by no means a thing of the past. Although equitable relief against union activities is no longer generally available in the federal courts, such relief may often be obtained by application to the courts of the states. In response to state court injunction suits involving parties subject to the National Labor Relations Act, astute union counsel have fairly recently adopted an approach which has thus far achieved some degree of success. This new strategy is simply to remove the case to the appropriate federal district court, where, it is anticipated, the …

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 …