Open Access. Powered by Scholars. Published by Universities.®

Labor and Employment Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 751 - 780 of 1024

Full-Text Articles in Labor and Employment Law

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg Jan 1949

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg

Michigan Law Review

The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …

Go to article

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed. Dec 1948

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …

Go to article

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed. Dec 1948

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.

Michigan Law Review

In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …

Go to article

Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed. Nov 1948

Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.

Michigan Law Review

Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …

Go to article

Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed. Nov 1948

Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

Following a breakdown in negotiations over contract extension, plaintiff union, the certified representative of defendant's employees, sued in a federal district court, alleging that defendant was guilty of an unfair labor practice under the Labor-Management Relations Act in refusing to bargain in good faith. An injunction was sought requiring defendant to bargain with the union. The district court overruled motions' to dismiss for lack of jurisdiction and granted the relief requested. On appeal, held, reversed. The district court lacked jurisdiction to entertain the suit. Amazon Cotton Mills Co. v. Textile Workers Union, (C.C.A. 4th, 1948) 167 F. (2d) …

Go to article

Killingsworth: State Labor Relations Acts, Michigan Law Review Nov 1948

Killingsworth: State Labor Relations Acts, Michigan Law Review

Michigan Law Review

A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.

Go to article

Lester And Shister: Insights Into Labor Issues, Michigan Law Review Nov 1948

Lester And Shister: Insights Into Labor Issues, Michigan Law Review

Michigan Law Review

A Review of INSIGHTS INTO LABOR ISSUES. Edited by Richard A. Lester and Joseph Shister.

Go to article

Selekman: Labor Relations And Human Relations, Michigan Law Review Nov 1948

Selekman: Labor Relations And Human Relations, Michigan Law Review

Michigan Law Review

A Review of LABOR RELATIONS AND HUMAN RELATIONS. By Benjamin M. Selekman.

Go to article

Recent Books, Michigan Law Review Jun 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Go to article

Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed. May 1948

Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed.

Michigan Law Review

Employer and union had an existing collective agreement which provided detailed procedures for adjusting grievances, including arbitration as the final step, and contained a no-strike clause. Disputes arose concerning action taken by the employer affecting working schedules, overtime work, and other conditions of employment without consulting the union; and disciplinary measures were taken against certain employees in pursuance of the new working rules. The union finally called a strike, without filing grievances according to the contract procedure on the disputes which were the immediate causes of the strike. The employer discontinued hearings on two pending grievances and refused to negotiate …

Go to article

Vested Rights And The Portal-To-Portal Act, Ray A. Brown Apr 1948

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.

Go to article

Ginzberg: The Labor Leader, Michigan Law Review Apr 1948

Ginzberg: The Labor Leader, Michigan Law Review

Michigan Law Review

A Review of THE LABOR LEADER, By Eli Ginzberg.

Go to article

The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith Mar 1948

The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith

Michigan Law Review

Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …

Go to article

Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review Feb 1948

Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review

Michigan Law Review

A Review of PATTERNS OF UNION-MANAGEMENT RELATIONS. By Frederick H. Harbison and Robert Dubin.

Go to article

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed. Jan 1948

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …

Go to article

Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey Jan 1948

Labor Law-Constitutionality Of Statutes Prohibiting "Hot Goods" And "Secondary" Boycotts, Jerry S. Mccroskey

Michigan Law Review

In a contempt action against the business agent of an A.F.L. furniture and van workers local for violation of an injunction based on statutes prohibiting "hot goods" and "secondary" boycotts, held, petitioner discharged; the statutes are violative of the Fourteenth Amendment of the federal Constitution in prohibiting peaceful picketing or other publication of the facts concerning a labor dispute in pursuance of an "agreement or combination to cause" any employee to stop handling certain goods or to put pressure on his employer to do so. ln re Blaney, (Cal.1947) 184P. (2d) 892.

Go to article

Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed. Nov 1947

Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.

Michigan Law Review

Plaintiff, manager of defendant's mechanical division under a contract requiring him to devote all his efforts to this employment and providing that he would share the profits and losses of the division equally with defendant as his only compensation, sued to recover a balance of $42,991.90 in his favor after his discharge by defendant. The contract provided that on "any termination" of plaintiff's employment his account should be adjusted and any credit balance paid him, but defendant contended that plaintiff had forfeited his right to compensation by secretly engaging in a partnership in competition with defendant. The trial court found …

Go to article

Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed. Jun 1947

Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.

Michigan Law Review

Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …

Go to article

Recent Books, Michigan Law Review May 1947

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Go to article

De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon Mar 1947

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 …

Go to article

Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed. Jan 1947

Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.

Michigan Law Review

This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …

Go to article

Labor Law-Kickback Act-Application To Union Officials, James R. Bliss Dec 1946

Labor Law-Kickback Act-Application To Union Officials, James R. Bliss

Michigan Law Review

Defendants were officials of Local 39 of International Hod Carriers Building and Common Labor Union of America, which procured a closed shop agreement with certain contractors on a federal building project. Defendants were indicted for violation of the federal Kickback Act, the indictment charging that defendants had (1) collected five dollars weekly from nonunion employees on the project by threatening them with dismissal, (2) given receipts for payments collected and accepted employees as union members on presentation of receipts totalling the union initiation fee, (3) but had not kept a record of collection nor accounted to Local 39, as required …

Go to article

The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman Nov 1946

The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman

Michigan Law Review

The National Labor Relations Act has recently celebrated its tenth anniversary. A decade is a short time in the life of a statute and the process of interpretation of an act which marked a new approach to labor relations problems is far from ended . In fashioning the mosaic of statute and decision which constitutes the basic law for our varied industrial communities, the National Labor Relations Board has had to deal with difficult and diverse problems. Not the least important of these questions comprise those involving the duration of the validity of its certifications.

Go to article

Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith Jun 1946

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, …

Go to article

Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed. Apr 1946

Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.

Michigan Law Review

Claimant was employed as a salesman by a copartnership at a regular salary. The partnership was composed of three men, one of whom, R. L. Keppen, managed the business, for which he was paid a salary of $175 per month, independently of his share of the profits of the partnership. The other partners received no salary, being dependent upon partnership dividends for their return upon the investment. If Keppen could be considered an employee of the firm during the time· of the claimant's employment, then there would have been compliance with the Michigan Unemployment Compensation Act, which required that a …

Go to article

Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan Apr 1946

Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan

Michigan Law Review

The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.

Go to article

Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston Apr 1946

Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston

Michigan Law Review

Two recent decisions interpret the overtime provisions of the Fair Labor Standards Act: (1) Previous to the enactment of the act, defendant company paid employees at an hourly rate for an eight hour day, seven day week. In order to comply with section 7a requiring payment of time and a half the "regular rate" of pay for hours in excess of the weekly maximum set by the act, defendant contracted to pay employees for six straight time and two overtime hours each day but at a new, lower rate such that payment at the new rate for six straight time …

Go to article

Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed. Apr 1946

Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed.

Michigan Law Review

Plaintiff brought suit in a district court of the United States against the defendant union in its common name, and officers of the union for an alleged libel. The union was not incorporated, no substantive right protected by federal law was involved, and the state wherein the suit was brought, Illinois, did not have a statute permitting actions at law against an unincorporated association in its own name. The district court dismissed the action against the union on the ground that it was not a legal entity; the plaintiff appealed. Held, under the common law of Illinois, an unincorporated …

Go to article

Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed. Feb 1946

Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed.

Michigan Law Review

Under the Ohio Constitution the City of Cleveland had the power to own and operate a street railway system. The city charter authorized the Transit Board to supervise, manage and control the transit system. The authorization included the power to establish wages and working conditions in accordance with the provisions of the charter. An action for a declaratory judgment was brought in order to determine whether the board had the power to contract with a union as the exclusive bargaining agent of the transit system employees, or the power to contract with a union for arbitration of disputes, and finally, …

Go to article

Labor Unions-Application Of Sherman Act Where Refusal Of Union To Admit Employees To Membership Tends To Diminish Employer's Inter-State Business, John S. Dobson Feb 1946

Labor Unions-Application Of Sherman Act Where Refusal Of Union To Admit Employees To Membership Tends To Diminish Employer's Inter-State Business, John S. Dobson

Michigan Law Review

Action by petitioning employer against officers and members of defendant union to recover treble damages under the Sherman Anti-Trust Act and to obtain injunctive relief. Petitioner was a trucking concern carrying freight under a contract with the A&P Company. Defendant union called a strike of all the truckers of the A&P Company in Philadelphia for the purpose of enforcing a closed shop. Violence occurred during the strike, with a union man being killed. A member of the petitioner partnership was tried for the homicide and acquitted. The A&P Company and the union eventually entered into a closed shop agreement, and …

Go to article

First Prev Next Last