Labor and Employment Law Commons^™

An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

During the Industrial Revolution, the growth of enormous industrial establishments with a correspondingly large number of workers hired to perform increasingly simple tasks manifested the inability of an individual effectively to bargain with an employer concerning wages, hours, and other terms and conditions of the employment relationship. The resulting discontent among workers produced long and bitter, often bloody, outbreaks of economic warfare between employers and employees. In the abstract, freedom of contract was possible still, but as a practical matter employment benefits and obligations were largely established by managerial fiat. It was felt that if employees could effectively unite for …

Public Employees And The Hatch Act, James W. Irwin

Vanderbilt Law Review

A recent issue of Vanderbilt Law Review featured an article by Dalmas H. Nelson, Instructor in Political Science, University of Nebraska, entitled "Public Employees and the Right to Engage in Political Activity,"' a broadside blast at the Hatch Political Activities Act, section 92 and section 12.3 It is strikingly well written, and reflects exhaustive research as evidenced by voluminous bibliography and quotations. Noteworthy is the citation of many authorities whose views differ from the author's. Notwithstanding admiration for those virtues, it is admitted that the views of the author of the article call to mind a sentiment expressed by the …

Labor Law And Workmen's Compensation -- 1955 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

In Stokeley Van Camp, Inc. v. United Packinghouse Workers of America, the company and the union had entered into a collective bargaining agreement under which there were to be no strikes or lock-outs pending the use of the grievance and arbitration procedures provided in the contract. The chancellor enjoined members of the union from participating in a strike, and in such incidental activities as mass picketing, and threatening and intimidating persons seeking to enter and leave the plant. The company's bill and affidavits indicated the existence of a strike with mass picketing and threats of violence. The union did not …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack

Vanderbilt Law Review

Even before Mr. Marbury, the public employee and his government have frequently found themselves on opposite sides of the counsel table. Not that public employees are a particularly litigious lot. Faced, however, with the willingness of administrators to deal with them politically and the unwillingness of legislators to protect them adequately, their resort to the courts was inevitable. But the courts also often provided inadequate protection. Decisions which combined ancient concepts with more than a touch of political realism accorded scant recognition to the substantial interests of the ever-growing number of public employees.

In recent years, the traditional cliches in …

Some Problems Arising Under The Workmen's Compensation Law Of Tennessee, R. Wayne Estes, Doris A. Dudney

Vanderbilt Law Review

Although there are many problems arising under the Workmen's Compensation Laws of Tennessee, it appears that here, as elsewhere, the most difficult questions are those arising out of the interpretation of the phrases "injury by accident," "arising out of," and "in the course of," employment. The present study is therefore limited to a consideration of these three particular problems, and does not purport to be a comprehensive treatment of the entire topic of Workmen's Compensation Law in Tennessee.

Encouragement Of Employment Of The Handicapped, Howard D. Fabing, Roscoe L. Barrow

Vanderbilt Law Review

Six million Americans of employable age have a physical impairment which is sufficiently serious to hinder them in finding employment. Included among the handicapped are orthopedics, those having defective vision, hearing or speech, cardiacs, diabetics, epileptics, and others. Employment of handicapped persons is in the interest of society. Employed, the handicapped are tax-payers; unemployed, they are tax-spenders. If they are not given the employment which they desire the handicapped are forced to become a charge on society. To secure their employment, however, is a problem of great magnitude, requiring the cooperation of employers, employees, interested civic organizations and governmental agencies …

The Coverage Of Unemployment Compensation Laws, Alanson W. Willcox

Vanderbilt Law Review

The federal tax which induced the states to enact unemployment compensation laws set a pattern of coverage which the states were under pressure to meet, but which they were wholly free to exceed. With notable exceptions, state coverage is shaped to conform with federal law. In this matter, indeed, federal leadership is so far accepted that the charge of federal "dictation" has not, as it has in other aspects of unemployment compensation, prevented some expansion of the system by federal initiative.

Coverage of the Federal Unemployment Tax Act starts with the concept of "employment" as the determinant of tax liability, …

Eligibility For Benefits, Lee G. Williams

Vanderbilt Law Review

The various state unemployment compensation statutes measure eligibility for unemployment "benefits" or "insurance" or "compensation" by means of a variety of yardsticks. "In the Federal-State system of unemployment insurance established in this country under the Social Security Act, the individual states have been free to develop the particular program that seems best adapted to conditions prevailing within the State. Consequently no two state laws are alike; and the differences are increased by amendments from year to year."

The term "eligibility," as used in the unemployment compensation field, includes many statutorily prescribed factors which themselves differ from state to state. These …

Administrative Law Problems In The Unemployment Insurance Program, Reginald Parker

Vanderbilt Law Review

"A good government," Albert Einstein said recently, "not only gives its citizens a maximum amount of liberty and political rights but also provides for a certain amount of economic security."' Our Constitution provides for political rights and liberties but not for economic security. Unlike foreign federal constitutions it neither provides for it directly nor delegates social legislation to the states; nor does the Constitution expressly prohibit this type of law. As, however, the Constitution authorizes the states to exercise powers not reserved to the central government, it may be deduced that unemployment relief legislation is within the competence of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

Criminal Law--Insanity--Test of Irresponsibility

Criminal Procedure--Continuances--Delay of Trial Because of Crowded Civil Docket

Elections--Underage Candidate--Power of Judiciary over Names Appearing on Ballot

Federal Rules of Civil Procedure--Impleader--UnderRule 14(a)--Effect of Judgment between Plaintiff and Third-Party Defendant

Husband and Wife--Expenses of Last Illness--Husband's Right to Reimbursement under Wife's Will

Joint Tort Feasors--Release of One as Release of All--Application of Rule when First Tort Feasor is not Legally Liable

Restraint of Trade--Employee's Covenant Not to Compete--State-Wide Restraint

Specific Performance--Conveyance of Leased Premises upon Lessee's Exercise of Option to Purchase--Defense of Hardship

Unemployment Compensation--"Suitable" Employment--Refusal of Sabbath on Religious Grounds

Wrongful Death--Unborn …

Experience Rating: Its Objectives, Problems And Economic Implications, Edwin R. Teple, Charles G. Nowacek

Vanderbilt Law Review

Within a decade, the system of rate differentiation which has become one of the distinctive characteristics of the unemployment insurance program in the United States spread from the North Woods to the shores of the Gulf of Mexico. The idea so vigorously advocated by Professors John R. Commons and Harold M. Groves, and their Wisconsin colleagues, having been first put into effect under the Wisconsin Law in 1938, was finally incorporated in the Mississippi Law in 1948. Though unknown to the older European systems, experience rating thus took a firm grip upon the program in this country.

Federal Standards In Unemployment Insurance, Frank T. De Vyver

Vanderbilt Law Review

Some of the most vigorous arguments during meetings of the Federal Advisory Council of the Bureau of Employment Security have concerned federal standards.' "Federalizers" was the name attached by industry groups to those advocating change in existing standards, and labor groups strongly denounced industry members of the Council for insisting that existing federal standards are sufficient. Nor did industry members hesitate to condemn the Secretary of Labor, the Director of the Bureau of Employment Security and other Bureau employees for suggesting legislation to strengthen federal standards. Discussions of the subject at Council meetings were never free from emotion. Yet an …

Book Reviews, Lloyd P. Stryker, Howard J. Graham (Reviewer)

Vanderbilt Law Review

Book Reviews

The American Lawyer

Albert P. Blaustein Charles O. Porter with Charles T. Duncan Chicago: The University of Chicago Press,1954. Pp. xiii, 360. $5.50.

reviewer: Lloyd Paul Stryker

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American Business Corporations Until 1860; with Special Reference to Massachusetts

By Edwin Merrick Dodd. Cambridge: Harvard University Press, 1954. Pp. xix, 524. $7.50

reviewer: Howard Jay Graham

The Guaranteed Annual Wage And Unemployment Compensation, Ernest J. Eberling

Vanderbilt Law Review

The recent demands of the CIO unions for the guaranteed annual wage have aroused considerable interest in this issue among those concerned with labor-management relations. Several factors have accentuated this interest. First, during 1954 when these demands were being pressed with considerable vigor, a recession had developed,resulting in a considerable increase in unemployment levels. Second, these demands were made on mass production industries manufacturing durable goods which are subject to wide variations in demand and output during periods of cyclical change. Third, the recent proposals are taking a form quite different from the existing plans, namely, they propose an integration …

The Development Of Unemployment Insurance In The United States, Arthur Larson, Merrill G. Murray

Vanderbilt Law Review

The federal-state system of unemployment insurance in the United States is the result of a combination of influences. At its inception, it was influenced by experience with unemployment insurance abroad, by experience with voluntary plans already in existence in this country, by bills that had been introduced in state legislatures over a period of years, and by a number of studies that had been made by official commissions and students of the subject. Its structure was also considerably affected by the fact that those chiefly responsible for drawing up the original legislation had a background of experience in the administration …

The Place Of Unemployment Insurance Within The Patterns And Policies Of Protection Against Wage-Loss, Stefan A. Riesenfeld

Vanderbilt Law Review

The following paper deals with an intricate and perplexing subject, covering an enormous expanse. For modern society has produced income-maintenance schemes of infinite variety and tremendous complexity. Perhaps the most outstanding and important point is the fact that it has developed them at all. When, however, it comes to classifying the different existing systems and to unraveling and correlating their underlying policies, a task resembling the labor of the Danaides is assumed.

A Symposium On Unemployment Insurance - Foreword, Stuart Rothman -- General Counsel, Federal Security Agency

Vanderbilt Law Review

Any statutory program which has such an impact on our economic life is worth consideration by law students and lawyers. More and more, workers and employers will need to consult with lawyers about their rights under the unemployment insurance laws. An increasing number of unemployment insurance cases are being appealed to the courts and an increasing amount of unemployment insurance legislation is being introduced in state legislatures. This symposium will give law students, lawyers, judges and legislators some background information, as well as a discussion of significant legal problems; it will help all to a better understanding of the unemployment …

Disqualification For Unemployment Insurance, Paul H. Sanders

Vanderbilt Law Review

Our public arrangements in this country for compensating unemployment (including the aggregate of federal and state legislation to that end) are quite properly referred to as an "insurance" program.' Study of the elements of coverage in an insurance policy will be found instructive, therefore, in the matter of eligibility and disqualification for unemployment benefits. A contract of insurance is designed to transfer certain defined risks from the insured to the insurer. The risks selected for this process in a particular policy will be described or stated affirmatively in its provisions. Certain exclusions from the risk may be specified for even …

The Labor Dispute Disqualification -- A Primer And Some Problems, Jerre S. Williams

Vanderbilt Law Review

Particularly in the last five years there has been a substantial maturing of the labor dispute disqualification of the various state unemployment compensation statutes. The unpredictable and vacillating administrative decision has given way to more authoritative court decision. In turn, the nonconforming court decision has tended to disappear as clear majority interpretations of the various questions arising under the disqualification begin to develop. Further, and perhaps most significantly, a number of states which have experimented with various nonconforming types of labor dispute disqualification provisions have tended to abandon these experiments and return to the more conventional pattern. Hence, with regard …

Interstate Aspects Of Unemployment Insurance, Emmett Conner, Charles K. Cosner

Vanderbilt Law Review

State-operated systems of unemployment insurance, first instituted in the United States in Wisconsin in 1932, were set up in all of the states, and in the District of Columbia, Hawaii and Alaska within the two years following the enactment in 1935 of Titles III and IX of the Social Security Act.' Mutual problems of administration and of coordination among the various state programs led to a series of conferences of state officials charged with the operation of the systems. These early conferences were informal in nature, but steps were taken looking toward the creation of a formal organization. With the …

Tennessee Labor Decisions: 1901-1954, James C. Kirby Jr.

Vanderbilt Law Review

Any survey of a state's decisional law in the labor field should include some reference to the jurisdiction of its courts over labor controversies. There would be no separate body of substantive labor law but for the intervention of Congress into employment relations affecting interstate commerce with comprehensive legislation designed to strengthen the worker in his collective capacity.' The administration of this legislation by the National Labor Relations Board provides the great majority of case law governing the employment relationship. However, that residue which may be regulated exclusively or concurrently by the states is an important one, as evidenced by …

Agency -- 1954 Tennessee Survey, Merton L. Ferson

Vanderbilt Law Review

Scope of Employment: In the case of McKinnon v. Michaud,- it appeared that Mrs. McKinnon was in the business of distributing petroleum products wholesale. Her servant, Nickson, made delivery of gasoline to a service station, put the nozzle from his truck into the retailer's tank and then carelessly allowed the tank to overflow. Nickson then enhanced the danger by throwing water on the gasoline with the result that it splashed onto an open stove and caused an extensive fire that damaged the plaintiff. Mrs. McKinnon was held liable. The court did not decide whether Nickson's act of throwing water on …

Labor Law And Workmen's Compensation -- 1954 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

Labor Law is best defined, perhaps, as that body of law which is directed toward, and peculiar to, the various incidents of the employer-employee relationship, whether viewed individually or collectively.' In this sense it includes all laws, such as those on workmen's compensation, wages and hours and unemployment insurance, setting forth the rights and limitations of the individual employee as against the employer (directly or indirectly), as well as those concerned with union organizational activity and collective bargaining.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Bankruptcy--Acts of Bankruptcy--Petition for Dissolution under State Statute

Corporations--Stockholders' Derivative Suits--Equitable Stockholder's Rights under Security Statute

Criminal Law--Evidence--Immunity Statutes

Criminal Procedure--Grand Jury Indictments--Failure of Jurors to Hear All the Evidence as Grounds for Setting Aside Indictment

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

Federal Jurisdiction--Scope of Federal Common Law--Characterization of Foreign Statute for Purpose of Applying Federal Constitution

Labor Law--Unfair Labor Practice--Intent to Encourage or Discourage Union Membership by Discrimination

Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.

Vanderbilt Law Review

The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Labor Law, Paul H. Sanders

Vanderbilt Law Review

The body of statutory wording, regulations and court and administrative decisions which clusters around such familiar federal landmarks as the Labor-Management Relations Act ("Taft-Hartley") and the Fair Labor Standards Act ("Wage and Hour") fall far short of constituting the entire subject matter of Labor Law. State statutes or the common law of the state may be much more in point in providing the legal framework for solving a particular problem of the employment relationship, whether viewed individually or collectively. The law which governs the various aspects of the "human factor in industry," or which prescribes the ground rules under which …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)

Vanderbilt Law Review

Military Justice under the Uniform Code

By James Snedeker

Boston: Little, Brown and Company, 1953. $15.00.

reviewer: Reginald C. Harmon

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Conscription of Conscience

By Mulford Q. Sibley and Philip E. Jacob

Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.

reviewer: A. B. Butts

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Theft, Law and Society

By Jerome Hall

Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.

reviewer: Rollin M. Perkins

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Freedom of the Press in England 1476-1776

By Fredrick S. Siebert

Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.

reviewer: Stanley D. Rose

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Wage-Hour Law: Coverage

By Heiman …