Labor and Employment Law Commons^™

Collective Bargaining: A Management View, Robert Abelow

Vanderbilt Law Review

In the area of grievance and arbitration machinery, unions are demanding protection against damage claims and court actions and insisting that arbitration be the sole and exclusive remedy for all disputes. Not only are unions insisting upon arbitration of grievances arising under the contract, but they are also insisting upon arbitration of other types of disputes growing out of the relationship between the parties, whether covered by the contract or not. Unions also seek immunity from damage claims in the event of so-called "wildcat strikes" and fiercely resist provisions which would enable management to obtain relief from courts when "no-strike" …

The Use Of Tests In Promotions Under Seniority Provisions, Aubrey L. Coleman, Jr.

Vanderbilt Law Review

The testing requirements enunciated by the 1964 Civil Rights Act and the Equal Employment Opportunity Commission to eliminate certain types of discrimination through tests will assuredly have application in the further development of sound, overall testing programs for all employees. While at present very few contracts have provisions with respect to testing, undoubtedly most future agreements will. This development should reduce the number of disputes, since requirements now imposed by arbitrators will be written into bargaining agreements. While there will still be disagreements over whether the tests were properly evaluated, controversies as to whether the tests are specifically related to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election

Plant Relocation: Viewed After Denial Of Enforcement Of Board's "Runaway Shop" Remedy In Garwin, E. Walter Bowman

Vanderbilt Law Review

Plant relocation--the transfer of all or a portion of plant operations to another site--can present two distinct categories of labor relations problems: (1) unfair labor practice problems under the National Labor Relations Act ("runaway shop" problems); and (2) problems of interpreting and applying a collective bargaining agreement.' While this note deals mainly with plant removal as an unfair labor practice, unionized employers must consider both problems carefully before embarking upon a relocation of operations. Miscalculations or ignorance of the consequences of certain relocation procedure can result in the imposition of liability sufficient to cause the employer to rue the day …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff

Vanderbilt Law Review

One of the most striking developments in labor relations during the past fifteen years has been the rapid increase of both employment and union organization in the public sector. In 1950, there were approximately 6 million public employees; today there are over 10 million, over three quarters of whom work on the state and local level. It is estimated that 1.5 million of these government employees are members of various union organizations, a sixty per cent increase over the past ten years. As a result of this growth, public employees have increasingly sought and gained organizational and bargaining rights parallel …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Federal Criminal Code Protects Rights Secured by Fourteenth Amendment

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Civil Rights--Removal--Strict Interpretation of Federal Removal Statute Affirmed

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Labor Law--Judicial Review of Arbitrator's Authority To Imply Contractual Condition

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Labor Relations--Federal Preemption of Defamation Suits Arising in Course of Organizational Campaign

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State and Local Taxation--Economic Exploitation Sufficient Connection To Require Non-Resident Seller To Collect Use Tax

Discharge In The "Law" Of Arbitration, Roland P. Wilder Jr.

Vanderbilt Law Review

The vast majority of arbitrators will refuse to find just cause unless the discharge penalty bears some reasonable relation to the seriousness of the grievant's offense. They believe it to be their responsibility to determine whether the "punishment fits the crime" by realistically appraising the wrongful act's deleterious effects on the industrial community. If the grievant's proven offense appears to merit discipline short of discharge, the arbitrator usually will feel compelled to modify the discharge penalty in favor of some lesser degree of discipline. Since this amounts to a review of the penalty imposed by management, there is a substantial …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

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Taxation--Thin Incorporation Not Tantamount to Disqualification …

Enforcement Of Statutory Rights Of Employees Of Government Contractors, C. Thomas Cates

Vanderbilt Law Review

The United States government disburses a vast amount of money each year to meet its contractual obligations. As the size of the federal government and the dimension of the services it provides continue to expand, the importance of federal contract spending in our national economy is likely to reach staggering proportions.' Presently there are a great many manufacturing, construction, and brokerage concerns engaged in work on a large number of federal government contracts. The purpose of this note is to discuss in general the major federal statutes which govern rights of employees of those performing government contracts and to discuss …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …

The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin

Vanderbilt Law Review

Passage of the new federal civil rights law in 1964 might have been expected to decrease the importance of the state fair employment practices (FEP) laws. Congress, however, chose not merely to permit these laws to continue in force to deal with purely local problems,but went further to entrust the primary administration of title VII, the federal fair employment statute, to state agencies where they exist. Thus the experience of these state agencies is of even greater importance now than formerly, for they will perform the day to day work of carrying out our nation's policy to prohibit discrimination in …

Agency -- 1964 Tennessee Survey, John S. Beasley

Vanderbilt Law Review

During the period covered by this Survey several cases have raised rather interesting points for consideration under the law of agency. On one occasion the Tennessee Supreme Court declined the opportunity of joining the ranks of the majority of states in moving toward a more modern rule on employer's liability with respect to an employee's child injured negligently by the employee. In this and other decisions, the courts have followed Tennessee precedent rather closely, with the result that there are few changes in the law of agency.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Interstate Legal Services and the Unauthorized Practice of Law

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Conflict of Laws--New York Public Policy Permits Enforcement of Foreign Gambling Obligation

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Conscientious Objectors--Universal Military Training and Service Act--Supreme Court Test of"Belief In A Relation to A Supreme Being

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Constitutional Law--Abatement of Convictions Occurring Prior to Passage of Civil Rights Act of 1964

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Escheats--Disputes Between States Concerning Unclaimed Corporate Obligations

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Labor Law--Failure To Bargain--Employer Required To Bargain With Respect to His Proposal To Contract Out Work

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Professions--Canon Twenty of the Canons of Professional Ethics Interpreted To Ban Statements to News Media

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Taxation--Corporate Income Taxation--Merger …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

The Question Of Union Activity On Company Property, William B. Gould

Vanderbilt Law Review

Trade unionism is not an accepted principle in this country today...

The National Labor Relations Act maintains an encouragement of its "practice and procedure" as a basic policy of the United States. Yet there is a pronounced disparity in atmosphere between many established collective bargaining relationships and industries or regions which are nominally unionized or unorganized. Since Congress has chosen to proscribe a good deal of picketing of an organizational and recognitional nature in the Landrum-Griffin amendments to the act it is quite likely that the grounds for union-management combat will shift in this area somewhat to less specifically regulated …

The Establishment And Administration Of Pension Plans In The Labor Relations Process, Robert J. Hickey

Vanderbilt Law Review

The purpose of this article is to analyze the role of pension plans' in the labor relations process. The earliest pension plans had their origin in the early nineteenth century and were pioneered by fraternal associations established and operated by and for the employees. The advent of unions on the labor scene resulted in the union, instead of the fraternal association, administering the program. As for employer pension plans, the union leaders feared that such programs were only a devious employer's device to prevent unionization. Thus, prior to World War II, employer pension plans were usually unilaterally instituted. However, beginning …

Labor Law -- 1963 Tennessee Survey, Paul H. Sanders, Harvey Couch

Vanderbilt Law Review

I. ARBITRATION PROCESS

An active area of litigation today is concerned with the interrelation of the judicial process and the arbitration process in the settlement of labor disputes. It was observed in last year's survey that the Supreme Court of the United States had "embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements"' since the landmark decision in the Lincoln Mills case.

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II. PICKETING

The Labor-Management Reporting and Disclosure Act of 1959 amended section 8(b) of the National Labor Relations Act to make it an unfair labor practice for …

The Financing Of Benefits In Unemployment Insurance, Ernest J. Eberling

Vanderbilt Law Review

The current federal-state unemployment insurance system has been in operation throughout the country for over a quarter of a century. As one of the two major social insurance programs created by the Social Security Act of 1935, it has become generally accepted as one of the nation's most important measures against the privation of unemployment and as a stabilizer of the economy in helping offset the down drag on economic activity resulting from excessive joblessness. Despite its general acceptance, however, it has been subjected to vigorous controversy in recent years. Criticism of the program has focused largely upon two issues, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--FTC Proceeding Will Not Toll the Statute of Limitations in an Action Under Section 4(b) of the Clayton Act

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Conflict of Laws--Where None of the Beneficiaries Reside in Forum State, Limitation on Amount of Recovery Imposed by State Where Tort Occurred Governs

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Criminal Law--Double Jeopardy--Conviction of Greater Degree of Offense on Retrial

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Federal Rules of Civil Procedure--No Requirement that Agent Appointed To Receive Service of Process be Expressly Bound To Give Notice to Principal

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Labor Law--NLRA--Union's Duty To Represent Fairly

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Labor Law-Walsh--Healey Act--Secretary of Labor Not Authorized To Set More Than One Prevailing Wage

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Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity

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Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping

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Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act

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Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing

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Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act

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Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"

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Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies

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Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …

Economic Aspiration And Method, Jesse W. Markham

Vanderbilt Law Review

The topic I have chosen concerns the changing nature of organized economic enterprise, especially its social and legal environment. By organized economic enterprise I shall mean any economic entity in which decision-making is essentially composite rather than individual, of which business corporations and labor unions are the most obvious and, in terms of impact on the total economy, the most important. But by the criterion employed--decisions are essentially composite rather than individual--the average household consisting of at least one wife and husband surely falls within its ambit. Nor do I mean to imply that organized economic enterprise can be assessed …

Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington

Vanderbilt Law Review

This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel

Vanderbilt Law Review

It is refreshing to find among the myriad of volumes on trial practice published in recent years one which neither assumes that cases are tried in an emotional vacuum, where nothing but concrete facts and abstract propositions of law can influence the jury, nor deteriorates into a personal reminiscence on the part of the author of past court-room victories with the simple instruction to the reader to go and do likewise. Obviously a widely experienced courtroom practitioner, Mr.Gazan seldom utilizes that background directly for purposes of illustration; rather he draws from it general propositions applicable to courtroom procedure, which he …

Nlrb - Fepc?, Jeffrey M. Albert

Vanderbilt Law Review

One potential agency in the attack on racial discrimination in employment is the National Labor Relations Board. The President has indicated that substantial reliance will be placed on that agency for the vindication of Negro rights in areas of employment not covered by Executive Order 10925. Less than a year. ago the board's approach in this area was cautious and its proper role ill-defined and speculative.' Within the past year, however, the NLRB has moved rapidly by sharpening four, possibly five, anti-bias remedies. Three have roots in early NLRB decisions. The fourth is new. The fifth, resurrection of which has …

Unfair Labor Practices, Individual Rights And Section 301, Irving Kovarsky

Vanderbilt Law Review

On December 10, 1962, the United States Supreme Court, in Smith v. Evening News Ass'n, established several principles of law which may rival the well-known decision of Textile Workers Union v. Lincoln Mills in importance. The purpose of this comment is to examine the far-reaching implications of Evening News and related Supreme Court decisions.

Labor Law -- 1962 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Two decisions during the survey period involve implementation of rights under collective bargaining agreements. These Tennessee decisions interrelate with other decisions in an area of labor law that has been developing with astonishing rapidity since the Supreme Court of the United States embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements in the famous Lincoln Mills decision in 1957. It has been determined that rights under collective bargaining agreements, where the parties would be subject to the Taft-Hartley or Labor-Management Relations Act of 1947, arise under this federal common law." …

Priority Paradoxes In Patent Law, Richard H. Stern

Vanderbilt Law Review

The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

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Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

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Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

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Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

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Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …