Labor and Employment Law Commons^™

Labor Law -- 1961 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

In considering basic rights in connection with labor organization, it must be noted that there may be a fundamental conflict between giving dominant emphasis to the interest of the group of organized workers in advancing and maintaining the standards applicable to the group as opposed to giving comparable emphasis to the wishes of the individual employee of a particular employer. The various policy statements contained in the Wagner Act, the Taft-Hartley Act of 1947 and the Landrum-Griffin Act of 1959 indicate a public interest (within the scope of federal authority) in the protection of employees' right to organize, to choose …

The N.L.R.B.'S Dues Reimbursement Remedy In Perspective, Arthur M. Schiller

Vanderbilt Law Review

Where employees have been coerced to pay union dues, initiation fees, assessments, permit fees, referral fees, "dobies" and the like,an inequitable situation exists requiring that restitution be made by the parties whom the National Labor Relations Board determines to be legally responsible for having required that the payments be made. In an effort to restore the status quo in the particular situation and to deter others from entering into contracts and practices, which, in general, encourage membership in a labor organization,the Board has ordered a disgorgement remedy. An enunciation of the Board's power to fashion this remedial order was issued …

Contracts -- 1960 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

During the period covered by this survey, the Tennessee courts have had occasion to decide some rather basic questions in the law of contracts. These cases are the subject of comment. Other cases involving only questions of burden of proof regarding contracts questions have not be commented on.

Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Labor law is concerned with the rules governing the various phases of the employment relation and the activities of employers and labor organizations vis-a-vis such phases. Sometimes such rules are embodied in criminal law or tort law. If the substance of the alleged crime or tort is not directed toward or used in some respects as a regulation of employment or labor relations, it is excluded by the above definition even though some "labor" aspect is prominently identified with the case. For example, during the survey period the Supreme Court of Tennessee decided the case of Smith v. State, affirming …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases:

CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY

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CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN

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DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR

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EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT

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FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE

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LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT

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PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Act--Discriminatory Practices--Defenses Available to Charge of Discrimination in Furnishing Services and Facilities

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Bankruptcy--Priority of Wages--Employer's Contributions to Welfare Funds Are Not Entitled to Priority as Wages Due to Work

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Constitutional Law--Social Security Benefits--Automatic Suspension of Deported Person's Social Security Benefits a Denial of Due Process

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Constitutional Law--Union Shop Agreement Under Railway Labor Act Violates Constitutional Rights of Employees

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Corporations--Securities and Exchange Act of 1934--Liability of Director for Profits on Stock Acquired Prior to Election as Corporate Official

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Damages--Quasi Contract--Exemplary Damages in Quasi Contract When Defendant is Guilty of Fraud

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Evidence--Other Crimes--Admissibility of Evidence …

Book Notes, Law Review Staff

Vanderbilt Law Review

Living the Law By Frank E. Cooper Indianapolis: The Bobbs-Merrill Company, Inc., 1958. Pp. xv, 184. $7.50.

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Shared Government in Employment Security By Joseph M. Becker New York: Columbia University Press, 1959. Pp. 501. $6.50.

Conflict Of Laws In Labor Matters In The United States, Stuart Rothman

Vanderbilt Law Review

A sampling of the ways in which the subject of conflict of laws has been treated in the United States in labor matters will be undertaken. However, the term "labor matters" may be regarded as embracing a multitude of topics, and this presentation by no means purports to be encyclopedic. Indeed, questions concerning conflicts between laws of the federal and state governments have been purposely excluded, though admittedly they loom large in domestic law and jurisprudence. On the other hand, the subjects considered are deemed illustrative of the domestic approach to the problems involved.

Labor Law And Workmen's Compensation--1959 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Rights And Remedies Of Members In Internal Union Controversies In The Southern Jurisdictions, Fred Graham

Vanderbilt Law Review

There is a traditional reluctance on the part of judges to involve the courts in the internal affairs of labor unions. Consequently, a judge will often pause in the course of an opinion adjudicating a union controversy with an aside to the effect that:

"Of course, it is well understood that courts are indisposed to interfere with the internal management of an unincorporated, voluntary association as is here involved. We have held that the right of a voluntary association to interpret and administer its own rules and regulations is as sacred as the right to make them, and there is …

Book Notes, Law Review Staff

Vanderbilt Law Review

Labor Unions and Public Policy By Edward H. Chamberlin, Philip D. Bradley, Gerald D. Reilly and Roscoe Pound Washington, D.C.:American Enterprise Association, 1958. Pp. 177. $4.50.

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The Worker Views His Union By Joel Seidman, Jack London, Bernard Karsh and Daisy L. Tagliacozzo Chicago: The University of Chicago Press, 1958. Pp. xi, 300. $5.75.

Labor Relations In The Atomic Program, David B. Johnson

Vanderbilt Law Review

As in other areas of the United States program, the most pervasive influence in labor relations in atomic energy has been the federal government. The non-government sector is expanding rapidly in terms of the number of companies launching atomic energy operations, but this expansion is still in the exploratory and research and development stage. During this period of development in the private sector of the industry employers have relatively heavy need for engineering and technical skills and less for manual workers who are more susceptible to union organization. Although some problems for management and labor in the private sector of …

Agency--1958 Tennessee Survey, Edward R. Hayes

Vanderbilt Law Review

Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'

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In Smith v. Phillips a pick-up truck, registered …

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

"Cartels" Under The New German Cartel Statute, Heinrich Kronstein

Vanderbilt Law Review

On January 1, 1958, the "Cartel Statute" of the Federal Republic of Germany' became effective. American interests in this event are threefold: (1) During the past decade Americans have tried to convince the Western world that in an industrial, democratic society legislation of the American antitrust type is imperative. Is the German cartel statute a piece of legislation of this type? (2) The enactment of the statute brings to an end the application of Law No. 56 enacted by the American Military Government on January 28, 1947. The Paris Treaty between the Allied Powers and Germany provided that the Allied …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

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Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

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Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

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Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

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Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

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Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

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Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

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Evidence--Witnesses--Cross-Examination of Character Witness for Accused …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Insurance -- 1957 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Lee v. Occidental Life Ins. Co.' is one of first impression in this state, and considers the effect of a change in the by-laws and constitution of a labor union--with a corresponding change in coverage under a group insurance policy issued to the union--on the rights of an insured member of the union.

Life, Health and Accident Insurance In Alvis v. Mutual Benefit Health and Acc. Ass'n, the Supreme Court construed certain provisions of a ten-year annual increasing policy issued to the plaintiff's intestate by defendant insuror.

Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of vio- lation of an overtime clause dealing with equal distribution. In each …

Some Procedural Problems In Arbitration, Benjamin Aaron

Vanderbilt Law Review

By training and experience, lawyers are accustomed to deal with problems within a well-defined procedural framework. Familiarity with established rules of conduct, however archaic and nonsensical they may be, apparently does not breed contempt; on the contrary, it seems to enhance the average lawyer's feelings of security and self-confidence. Conversely, he is apt to become uneasy, irritable, even indignant, when compelled to function within a system of loose and flexible procedures, inconsistently applied according to a logic that to him is at best obscure and often inscrutable. The attorney who is not a labor relations specialist, and who only occasionally …

The Proposed Uniform Arbitration Act Should Not Be Adopted, Alexander H. Frey

Vanderbilt Law Review

The primary reason why the proposed Uniform Arbitration Act should not be adopted is because, by an express provision in section 1, the Act is made applicable to "arbitration agreements between employers and employees or between their respective representatives." My experience as an arbitrator has been confined almost exclusively to labor disputes of which I have arbitrated hundreds. Consequently, I do not purport to be able to judge whether or not the proposed Act would be a valuable adjunct to the existing arbitration law in the area of commercial arbitration. But I am convinced that, if applied to labor arbitrations, …

Collective Bargaining, Labor Arbitration And The Lawyer, Nathan P. Feinsinger

Vanderbilt Law Review

The role of the lawyer in labor arbitration must be appraised in the light of his function in society generally and the unique demands of the institution of collective bargaining, of which arbitration has become an integral part.

The role of the lawyer generally is to assist in resolving conflicts among individual and group interests within a framework of rules developed by the common law or by legislation, as interpreted and applied by courts and administrative agencies. Operating within that framework, the lawyer advises his client whether and how he can accomplish his immediate objective. The professional skills which he …

Informing The Arbitrator, Robert L. Howard

Vanderbilt Law Review

In any arbitration proceeding the representative of each party has a two-fold obligation of major importance to the arbitrator, the effective fulfillment of which is essential to the success of the arbitration process. In the first place, the arbitrator must be advised in clear and concise terms as to exactly what constitutes the issue or issues to be determined, which, of necessity, to be effective, must be preliminary to the presentation of the case proper. In the second place, it is, of course, equally important to have a clear presentation of each party's case after the issue has been formulated. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

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Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

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Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

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Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

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Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

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Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of violation of an overtime clause dealing with equal distribution. In each case …

A Lawyer's View Of Labor Arbitration, George E. Strong

Vanderbilt Law Review

The future of labor arbitration and the viewpoint of the lawyer with reference thereto depend very largely upon the arbitrators and their procedures, conduct and decisions. Of course, the parties and their counsel are under a duty, in the words of the Code of Ethics and Procedural Standards for Labor-Management Arbitration prepared by the American Arbitration Association and the National Academy of Arbitrators and approved by the Federal Mediation and Conciliation Service, "to approach arbitration in a spirit of cooperation with the arbitrator and should seek to aid him in the performance of his duties." Nevertheless, the arbitrator, like the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

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CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

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CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

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CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

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EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

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FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

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INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

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LABOR …

Labor Law And Workmen's Compensation -- 1956 Tennessee Survey, Paul H. Sanders, James G. Bowman, Jr.

Vanderbilt Law Review

Labor Law

Inducing Breach of Contract: Howard v. Haven' was the only case during the survey period which presented a legal problem relating to the activities of a labor organization. In this case an electrical contractor sought an injunction and damages because of the acts of a local labor union, its business agent, and other named defendants in preventing the plaintiff from carrying out a hospital construction contract. On the trial of the case the determinative issue became whether or not the defendants brought about a breach of the contract which the complainant claimed to have had with the general …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

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Evidence--Judicial Admissions--Testimony as to Objective Facts

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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

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Torts--Landowner--Duty to Social Guest

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Wills--Pretermitted Heir Statue--Sole …