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 811 - 840 of 1024

Full-Text Articles in Labor and Employment Law

Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster Aug 1942

Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster

Michigan Law Review

The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …

Go to article

Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff Aug 1942

Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff

Michigan Law Review

The National Labor Relations Board brought contempt proceedings against the defendant company for its refusal to comply with a consent decree ordering the defendant to bargain with the union selected as the sole representative of its employees. Negotiations between the defendant and the union were carried on, but no written agreement was reached, and it was charged that the defendant company acted in bad faith in its failure to agree to certain provisions of the proposed contract. Held, that the defendant's refusal to enter into a written contract respecting working conditions already existing was bad faith and amounted to …

Go to article

Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr. Aug 1942

Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.

Michigan Law Review

A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …

Go to article

Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff Aug 1942

Labor Law -Refusal To Reinstate As An Unfair Labor Practice, David Davidoff

Michigan Law Review

The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section …

Go to article

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

Go to article

Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein Jun 1942

Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein

Michigan Law Review

In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …

Go to article

Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer Jun 1942

Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer

Michigan Law Review

The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is …

Go to article

Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin Jun 1942

Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin

Michigan Law Review

The employer entered into a collective bargaining agreement with the employees as represented by Union A, recognizing Union A as the exclusive bargaining agent and giving it a closed shop. The contract was entered into in September, 1940, and was to last until September, 1942, with a provision for certain modifications before that time. Pending negotiations for modifications, a large number of the members of Union A decided to transfer affiliation to Union B. On September 24, 1941, Union B filed a petition under the Wagner Act to be certified as the sole bargaining agent. Union A resisted …

Go to article

Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin Jun 1942

Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin

Michigan Law Review

The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered …

Go to article

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review Jun 1942

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review

Michigan Law Review

Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …

Go to article

Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf Jun 1942

Labor Law - Wage Policy Of The War Labor Board, Paul M. Oberndorf

Michigan Law Review

A dispute between International Union of Aluminum Workers and the Aluminum Company of America arose over the extension of a wage differential between the latter's northern and southern plants and the lack of a substantial differential between workers on the day, afternoon and night shifts. After the parties had failed to settle the dispute, the National War Labor Board took jurisdiction. Held, the north-south wage differentials should be whittled down, but not so drastically as to produce disruptive effects, and the night workers should be entitled to moderate bonuses. The board based its decision on two fundamental premises: (1) …

Go to article

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell May 1942

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell

Michigan Law Review

God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …

Go to article

Company Unions Under The National Labor Relations Act, Burton Crager Apr 1942

Company Unions Under The National Labor Relations Act, Burton Crager

Michigan Law Review

Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …

Go to article

Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge Apr 1942

Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge

Michigan Law Review

The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …

Go to article

Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff Apr 1942

Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff

Michigan Law Review

Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …

Go to article

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review Feb 1942

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review

Michigan Law Review

A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …

Go to article

Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews Jan 1942

Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews

Michigan Law Review

Plaintiff voluntarily quit working for defendant November 7, 1939, to take another job which he reasonably expected to be permanent, but which ended in seven weeks because of a slack in business. He applied for benefits accrued under the Iowa Unemployment Compensation Act during his employment with defendant, to which he was entitled unless disqualified by reason of his voluntary quitting. Defendant employer opposed the claim to prevent charging of benefit payments against his fund. The experience rating features of the Iowa act provide that the smaller the depletion in an employer's fund, the lower his future compensation tax. Held …

Go to article

Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review Jan 1942

Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review

Michigan Law Review

The complainant, a milling and textile company employing about 2,000 men, brought this action to enjoin certain wage assignments made by 1,100 of its employees. The assignments, voluntarily made to the respondent union (certified by the National Labor Relations Board), directed the company to deduct from each laborer's pay at the end of every month the amount of his union dues. The complainant had previously refused to sign a contract with the union which embodied a "check-off" provision. Held, the mass assignment being prejudicial to the rights of the complainant, the injunction should be granted. Pacific Mills v. Textile …

Go to article

Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills Jan 1942

Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills

Michigan Law Review

While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …

Go to article

Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills Dec 1941

Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills

Michigan Law Review

A condition of the closed-shop agreement between defendant labor union and a manufacturing concern required that all new employees of the company be members of the union or become such within twenty-one days. The company employed plaintiff, but discharged him shortly thereafter when the union refused to admit him to membership. Plaintiff sought either to enjoin the enforcement of the union contract as illegally tending toward a monopoly, or to compel the union to grant his application for membership. Held, defendant's demurrer sustained, because plaintiff's allegation of a general plan to monopolize the labor supply was a conclusion not …

Go to article

Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller Nov 1941

Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller

Michigan Law Review

The very face of federal law governing labor unions and labor activities has been transformed by the recent holding by the United States Supreme Court in United States v. Hutcheson, that the Sherman, Clayton and Norris Acts must be read not separately but as "interlacing statutes," and that labor activity unenjoinable under the Norris Act is likewise and by the same token uncensurable under the Sherman Act. In so deciding, the high court has drastically affected the meaning of the Sherman Act, and the extent of its application to labor activities. New life has been given to the Clayton …

Go to article

Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan Nov 1941

Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan

Michigan Law Review

Both the Brewery Workers Union and the Teamsters Union, members of the American Federation of Labor, demanded jurisdiction over drivers of brewery wagons and trucks. In 1933, the Federation decided the controversy in favor of the Teamsters Union. The Brewery Workers Union refused to abide by this decision and filed suit for an injunction to restrain the Teamsters Union and the Federation from carrying out the decision. The lower court granted the injunction, construing the certificate of participation granted the Brewery Workers Union by the Federation as giving a contract right of prior and exclusive jurisdiction over the disputed group …

Go to article

Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons Jun 1941

Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons

Michigan Law Review

In July, 1940, the Wage-Hour Administrator obtained a consent decree restraining defendant from violating the Fair Labor Standards Act, and a stipulation was filed which provided, among other things, that defendant should restore to its employees the difference between wages actually paid and the minimum wages which should have been paid under the act. Twelve of the fifteen employees in whose favor the award was made endorsed over the checks which they received with out obtaining any actual cash, and executed releases for the amounts due to them. In the present proceeding, the administrator sought a rule to show cause …

Go to article

Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield Jun 1941

Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield

Michigan Law Review

A mining company, subject to the Fair Labor Standards Act, brought an action against the United States District Attorney for Idaho for a declaratory judgment that it was not subject to threatened criminal prosecutions and penalties under the act. The company had not included the forty minutes allowed for lunch in estimating the number of hours worked by its employees. The employees and their labor union threatened to sue, claiming the lunch period was part of their working hours and that they were therefore to that extent required to work overtime without extra pay. The Department of Labor and the …

Go to article

Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager Jun 1941

Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager

Michigan Law Review

The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …

Go to article

Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager Jun 1941

Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager

Michigan Law Review

Following a strike at respondent corporation which had started prior to the effective date of the National Labor Relations Act, the respondent refused to hire two men who had ceased to be in its employ before the strike but who sought employment after its close. The National Labor Relations Board, finding that the men had been refused employment because of their affiliations with a union and hence that the respondent had violated section 8(3) of the act, ordered the corporation to offer the two men employment and also ordered reimbursement for the loss of pay, minus actual earnings in the …

Go to article

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review Jun 1941

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review

Michigan Law Review

Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended …

Go to article

The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff May 1941

The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff

Michigan Law Review

Can it be that less than a score of years has elapsed since Schlesinger v. Quinto pointed out the difference between employment contracts and collective contracts? And yet in that short period the various objections recurrently raised regarding the enforceability of these contracts, such as lack of consideration and of mutuality as well as the dictate of the "personal service" rule, came to be disregarded. At a time when employers are not only obliged to bargain collectively but also, after reaching an agreement, to reduce it to writing, reminiscences of the "custom" doctrine must, indeed, resemble the frozen sounds in …

Go to article

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith May 1941

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …

Go to article

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin May 1941

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …

Go to article

First Prev Next Last