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Articles 781 - 810 of 1024

Full-Text Articles in Labor and Employment Law

Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson Feb 1946

Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson

Michigan Law Review

The defendants appealed from an order of the lower court awarding a preliminary injunction which restrained the defendants from discharging or causing the discharge of the plaintiff and other Negro employees because they were not members of a labor union with which their employer has a closed shop agreement, but which will not grant Negroes full membership privileges. The defendants were: the plaintiff's employer; the International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America which is a labor union; and certain officials of the aforementioned union. There was a written contract between the employer and the International Brotherhood containing …

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The Divided Supreme Court, 1944-1945, C. Herman Pritchett Dec 1945

The Divided Supreme Court, 1944-1945, C. Herman Pritchett

Michigan Law Review

The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …

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Abstracts, Mary Jane Plumer Dec 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson Oct 1945

Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson

Michigan Law Review

For some seven or eight years before the commencement of their suit for injunction, plaintiffs had been jointly engaged in the business of distributing milk and milk products to retail dealers in a certain area. They performed all of their own labor, purchasing from wholesalers and making delivery to retail customers in their own trucks which they owned and individually operated. The defendants were the Milk Drivers and Dairy Employees Union, Local No. 93, and Paul Jones, its secretary-treasurer. Defendant union had entered into union shop contracts with about 95 per cent of the milk wholesalers in the area, whose …

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Abstracts, Mary Jane Plumer Oct 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Aspects Of Wage Stabilization By The National War Labor Board, David Haber Jun 1945

Aspects Of Wage Stabilization By The National War Labor Board, David Haber

Michigan Law Review

Most economists assume that behind an unrestricted war economy lurk the dangers of inflation. Although national income increases, so much of the country's productive effort is devoted to the manufacture of war goods that the number of articles available for civilian consumption necessarily diminishes. This gap between the available supply and the existing purchasing power has the effect of raising prices. Rising wages aggravate this situation because they increase production costs which are then passed on to the consumer in the form of higher prices, and because, by further increasing the purchasing power of the population, they increase the gap …

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Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers Jun 1945

Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers

Michigan Law Review

Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.

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Abstracts, Mary Jane Plumer Jun 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson Apr 1945

Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson

Michigan Law Review

The writer published an article dealing with the coverage of the Fair Labor Standards Act in the June, 1943 issue of the Michigan Law Review. It is the purpose of this paper to consider the most important decisions since the preparation of that article (March, 1943) and to examine the applicability of the act to certain activities not there discussed.

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Abstracts, Katharine Loomis Apr 1945

Abstracts, Katharine Loomis

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Abstracts, Mary Jane Plumer Feb 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Abstracts, Mary Jane Plumer Dec 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin Oct 1944

The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin

Michigan Law Review

The National War Labor Board has reached the respectable age of two years. Supported originally only by the President's war powers, it has secured compliance with its orders, has weathered a minor congressional investigation, and has built up a body of decisions whose effect will continue after the war. These facts, as well as certain signs of the conservatism which appears to strike all government agencies at one time or another, entitle the board to a short survey of certain aspects of its jurisdiction and authority.

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Abstracts, Mary Jane Plumer Oct 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Abstracts, Mary Jane Plumer Aug 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Abstracts, Mary Jane Plumer Jun 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constltutional Law - Labor Unions - Injunction Feb 1944

Constltutional Law - Labor Unions - Injunction

Michigan Law Review

Complainants owned and operated a small cafeteria conducting the business without the aid of any employees. Defendants, a labor union and its president, picketed the cafeteria in an attempt "to organize it." The picketing was carried on by parade of one person at a time in front of the premises, at all times in an "orderly and peaceful" manner. Signs were carried which tended to give the impression that the complainants were "unfair" to organized labor and that the pickets "had been previously employed in the cafeteria." These representations were knowingly false in that there had been no employees in …

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Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr. Dec 1943

Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Reinstatement Of Employees Under The Fair Labor Standards Act, George W. Crockett, Jr. Aug 1943

Reinstatement Of Employees Under The Fair Labor Standards Act, George W. Crockett, Jr.

Michigan Law Review

The Fair Labor Standards Act is one of several comprehensive federal enactments regulating the relationship between employers and their employees in interstate commerce. These enactments have not followed a common pattern, nor have the means provided for their effective administration and enforcement been the same in each instance. Taken together, however, they establish our national labor policy. The underlying theory of this policy is that employees do not stand upon an equal footing with organized management and are unable to exert, individually, sufficient bargaining power to prevent management from imposing upon them conditions of employment detrimental to their welfare and …

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In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe Jun 1943

In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe

Michigan Law Review

Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …

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Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson Jun 1943

Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson

Michigan Law Review

The Fair Labor Standards Act was upheld by the Supreme Court as a valid exercise of the commerce power in United States v. Darby. By expressly overruling Hammer v. Dagenhart and limiting the application of Carter v. Carter Coal Co., the Court recognized that production is not to be divorced from commerce and extended greatly the range of Congressional control over substandard labor conditions through exercise of the commerce power. There remained, however, the determination of the coverage of the act, which is essentially a problem of statutory delineation in the application of the act to particular fact …

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Labor Law-Objectives Test For Determining The Legality Of Labor Activities, Arthur B. Lathrop Jun 1943

Labor Law-Objectives Test For Determining The Legality Of Labor Activities, Arthur B. Lathrop

Michigan Law Review

It is the purpose of this paper to make a survey of the status of the objectives test as a method of determining the legality of labor activity before the Supreme Court rendered its momentous decisions in Thornhill v. Alabama, American Federation of Labor v. Swing, and the Meadowmoor case. Thereafter the state decisions will be examined to determine the effect of these recent Supreme Court cases on the objectives test.

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What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers Feb 1943

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.

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Recent Decisions, Michigan Law Review Dec 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer Oct 1942

Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer

Michigan Law Review

Defendant Teamsters Union and twenty-six individual defendants were convicted for the violation of the Antiracketeering Act. Defendants had by threats of violence forced the owners of all trucks entering the city of New York to pay members of defendant union the regular union wage for driving and unloading a truck regardless of whether the tendered services were accepted. Held, the act was not intended to apply to such labor activity, and defendant did not violate the act if the money was received with the intention of rendering services therefor, even if the services were not accepted. Such payments constituted …

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Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph Oct 1942

Labor Law - Effect Of A Subsequent Modification Of The Collective Bargaining Agreement On Individual Seniority Rights, E. George Rudolph

Michigan Law Review

In July the union of which plaintiffs were members and the defendant railroad company entered a collective bargaining agreement fixing seniority rights. In September representatives of the union and the railroad adopted a seniority roster purporting to be in accordance with the terms of the July agreement. Plaintiffs, contending that the roster violated their rights under the July agreement, sought an injunction to compel revision of the roster or to prevent it from going into effect. Held, injunction denied. The union has the power to modify the rights of the individuals under the collective bargaining agreement if it does …

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Labor Law - Coverage Under Fair Labor Standards Act Of Service Employees Of Loft Building Whose Tenants Are Engaged In Commerce, Lee B. Brody Oct 1942

Labor Law - Coverage Under Fair Labor Standards Act Of Service Employees Of Loft Building Whose Tenants Are Engaged In Commerce, Lee B. Brody

Michigan Law Review

Defendant was a lessor of a loft building, portions of which were occupied by clothing manufacturers who shipped their products into interstate commerce. As part of its obligation under the lease, the defendant offered service and maintenance of the building, employing for that purpose elevator operators, watchmen, firemen, an engineer, a carpenter and his helper, and a porter. Defendant appealed from an injunction prohibiting it from further violating the wage provisions of the Fair Labor Standards Act of 1938. The circuit court of appeals affirmed the judgment of the district court granting the injunction. Held, on certiorari, one justice …

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Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich Oct 1942

Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich

Michigan Law Review

The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within …

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Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner Aug 1942

Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner

Michigan Law Review

For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …

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Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter Aug 1942

Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter

Michigan Law Review

In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.

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