Labor and Employment Law Commons^™

Smith: Labor Law: Cases And Materials, Harry Shulman

Michigan Law Review

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

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Unemployment Compensation-Effect Of The Merits Of A Labor Dispute On The Right To Benefits, Robert H. Frick S. Ed.

Michigan Law Review

Every state and territorial unemployment compensation act contains a provision disqualifying persons from receiving benefits whose unemployment is the result of a labor dispute or some form thereof. In most states these provisions have been applied to deny benefits to striking or locked-out workers regardless of the merits of the particular controversy. A few states have adopted provisions permitting at least a limited investigation into the question of fault. It is the purpose of this comment to discuss the extent to which the merits of labor disputes are and should be considered in determining workers' rights to benefits.

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

The Voluntary Arbitration Of Labor Disputes, George W. Taylor

Michigan Law Review

Diverse conceptions about the relationship between collective bargaining and arbitration are at the root of some important current problems about the use of voluntary arbitration to resolve labor disputes. Should voluntary arbitration be considered, in any degree, as an extension of collective bargaining, or should it be basically conceived as an alternative to collective bargaining? In other words, does any part of the criterion of mutual acceptability-the very essence of collective bargaining-carry over when arbitration is invoked, or does "arbitration" connote a process through which employment terms are imposed upon the parties without any regard to the acceptability factor. There …

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Unemployment Compensation-Effect Of The Merits Of A Labor Dispute On The Right To Benefits, Robert H. Frick S. Ed.

Michigan Law Review

Every state and territorial unemployment compensation act contains a provision disqualifying persons from receiving benefits whose unemployment is the result of a labor dispute or some form thereof. In most states these provisions have been applied to deny benefits to striking or locked-out workers regardless of the merits of the particular controversy. A few states have adopted provisions permitting at least a limited investigation into the question of fault. It is the purpose of this comment to discuss the extent to which the merits of labor disputes are and should be considered in determining workers' rights to benefits.

Labor Law-Breach Of No-Strike Covenant-Damage Suits Against Unions, Bernard L. Goodman S. Ed.

Michigan Law Review

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …

Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory

Michigan Law Review

This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.

Labor Law--Arbitration--Management's Disciplinary Authority On Union's Breach Of A No-Strike Covenant, Jean Engstrom S.Ed.

Michigan Law Review

A demonstration protesting the proper discharge of two union officials resulted in the discharge of ninety-six participating employees. The following day the company commuted the penalty to a two-week suspension. The effective collective bargaining agreement provided that there should be no strikes or lockouts "for any reason" unless the grievance and arbitration procedure had been exhausted but it reserved the employer's right to discharge for breach of the agreement. The arbitration board awarded employees back pay for the time of suspension and seniority and other rights incident to employment for the entire period. Although the employee had violated the no-strike …

Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.

Michigan Law Review

Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …

Lieberman: Unions Before The Bar, Michigan Law Review

Michigan Law Review

A review of UNIONS BEFORE THE BAR. By Elias Lieberman.

Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.

Michigan Law Review

In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …

The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox

Michigan Law Review

When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …

Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed.

Michigan Law Review

At the time of his induction into the Armed Forces, plaintiff was employed as a locomotive machinist at defendant's Loyall shop. This shop was transferred to Corbin during his absence, and, upon discharge from military service, plaintiff was reemployed there with seniority from July 17, 1946, the date of his return. In April, 1947, plaintiff filed his complaint under section 8, Selective Training and Service Act, alleging that had he not been in the Armed Forces he would have been transferred to the Corbin shop with seniority from July 1, 1945. The collective bargaining agent of the machinist employees of …

Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.

Michigan Law Review

Plaintiff brought a derivative suit against the defendant, a Delaware corporation, in a United States district court in New Jersey. While the suit was in process, New Jersey passed a statute permitting a corporation in whose name a suit was brought to demand security for reasonable expenses including attorney fees. The plaintiff stockholder was to be liable for such expenses if the suit was unsuccessful. The statute was not to apply when the complainant's holding represented 5% of the par or stated value of the corporation's outstanding stock or had a value of $50,000. Since the act applied to suits …

Silverberg: How To Take A Case Before The National Labor Relations Board, Michigan Law Review

Michigan Law Review

A Review of HOW TO TAKE A CASE BEFORE THE NATIONAL LABOR RELATIONS BOARD By Louis G. Silverberg.

Contracts-Duration Of Indefinite Employment Contracts That Specify Period Of Pay, Paul E. Anderson S.Ed.

Michigan Law Review

Normally a contract which does not express a time for performance is treated as enforceable. The courts interpret it to require that performance be completed within a reasonable time, basing their conclusion on a presumption of the intention of the parties. However, in the area of employment contracts, an exception to the reasonable time rule has developed. An indefinite contract for services is generally held to be terminable at will. The questions that come to mind are two: What is" the basis for the unique treatment of employment contracts? What are the manifestations of intent that will defeat application of …

Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.

Michigan Law Review

Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was …

Labor Law-Relationship Of Federal And State Authority Over Labor Relations, Ralph E. Hunt S.Ed.

Michigan Law Review

In three recent cases, the United States Supreme Court has been required to determine the impact of federal labor relations legislation on certain state enactments in this area. The importance of these decisions, concerning a problem which has caused difficulty since enactment of the National Labor Relations Act in 1935, is increased by their consideration of the significance of the amendments contained in the Labor-Management Relations Act of 1947.

(1.) The appellant La Crosse Co., which handled interstate telephone calls, had made a collective bargaining agreement with appellant A. F. of L. union, to continue from year to year. During …

Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed.

Michigan Law Review

Plaintiff was a wholesale ice distributor, selling ice to independent contractors. Defendants were members and officers of a union which represented many of the truck drivers employed by these peddlers. In carrying out a scheme to unionize all peddlers, defendants attempted to obtain plaintiff's agreement not to sell ice to non-union peddlers. Such an agreement would violate the state anti-trust law. On plaintiff's refusal, defendants peacefully picketed its plant. Plaintiff immediately suffered an 85% loss of business, and the state court granted it an injunction against the picketing. On appeal to the Supreme Court of the United States, held, …

Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.

Michigan Law Review

The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.

Labor Committee Of The Twentieth Century Fund: Partners In Production, Michigan Law Review

Michigan Law Review

A Review of PARTNERS IN PRODUCTION. By the Labor Committee of the Twentieth Century Fund.

Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed.

Michigan Law Review

Appellant, a local union of the American Federation of Labor, sought a declaratory judgment and equitable relief in the Nebraska courts as a result of appellee's refusal to discharge certain employees who had failed to maintain membership in the union. The employer relied on an anti-closed shop amendment to the Nebraska Constitution forbidding discrimination in employment on the basis of affiliation with a union and prohibiting contracts for this purpose. Appellant's assertions of invalidity of the amendment under the Federal Constitution were rejected by the state courts. Upon appeal to the United States Supreme Court, held affirmed, all justices concurring. …

Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.

Michigan Law Review

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …

Workmen's Compensation Acts-Denial Of Common Law Remedy For Associated Injuries Not Covered By Act, Colvin A. Peterson, Jr.

Michigan Law Review

While employed by defendant, plaintiff suffered severe bums and received compensation for a permanent partial disability under the applicable workmen's compensation act. He then brought an action for damages for disfigurement, not compensable under the act, on the theory that acceptance of statutory compensation did not deprive him of his common law remedy for injuries not within the scope of the act. Held, the statutory remedy is exclusive; plaintiff cannot recover for associated injuries outside the act. Morgan v. Ray L. Smith & Son, Inc., (D.C. Kan. 1948) 79 F. Supp. 971.

Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

The petitioning labor union made a contract with defendant employer, who was engaged solely in interstate commerce, providing that all employees were to be furnished by the union. If members could not be supplied, non-members might be hired but were required to join the union within two weeks from the date of employment. The defendant labor commissioner of the State of New Hampshire threatened to prosecute petitioner under a state statute, known as the Willey Act, which prohibited union security contracts except when ratified by two-thirds of the employees affected. Petitioner sought a declaratory judgment that the provisions of the …

Spero: Government As Employer, Michigan Law Review

Michigan Law Review

A Review of GOVERNMENT AS EMPLOYER. By Sterling Spero.