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Articles 121 - 150 of 152
Full-Text Articles in Labor and Employment Law
Labor Law, Denny E. Anderson
Labor Law, Denny E. Anderson
Washington Law Review
Covers cases on the jurisdictional conflict between state courts and the National Labor Relations Board.
The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover
The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover
Washington Law Review
In Curtis Bros., Inc., the National Labor Relations Board (NLRB) first enunciated the rule that picketing for recognition by a union representing a minority of the employees was an unfair labor practice because it violated section 8(b) (1) (A) of the National Labor Relations Act. The doctrine has never had the full support of all Board members. Moreover the initial reaction of the reviewing courts to this ruling has been unfavorable. The Curtis doctrine has been entirely rejected by the District of Columbia Court of Appeals, upon review of the Board's decision of the case, and partially rejected by one …
Labor Law, Cornelius J. Peck
Labor Law, Cornelius J. Peck
Washington Law Review
Covers the Washington minimum wage and hour act.
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
Washington Law Review
Covers federal pre-emption and state power.
Labor Relations, Fred Bruhn
Labor Relations, Fred Bruhn
Washington Law Review
Covers cases on federal pre-emption under Taft-Hartley—interference with employment as an unfair labor practice as a common law tort.
Labor Law, John P. Cook
Labor Law, John P. Cook
Washington Law Review
Covers cases on picketing—when subject to injunction as coercive.
Addendum: Taft-Hartley And State Power To Regulate Labor Relations, Donald H. Wollett
Addendum: Taft-Hartley And State Power To Regulate Labor Relations, Donald H. Wollett
Washington Law Review
The article on this subject which appeared in the February, 1955 issue of the Washington Law Review' made reference to three cases which were then pending before the Supreme Court of the United States. Since that time the Court has handed down these decisions. Ordinarily this would not justify additional comment, for one of the risks in writing any article in such a dynamic field is that what appears to be current today may be rendered obsolete or incomplete tomorrow. However, since the subject matter is of continuing and developing importance to all lawyers interested in labor law, and since …
Washington Case Law-1954; Agency, William D. Cameron
Washington Case Law-1954; Agency, William D. Cameron
Washington Law Review
Covers cases on presumption as to scope of employment.
Labor Law, Robert M. Westberg
Labor Law, Robert M. Westberg
Washington Law Review
Covers cases on the effect of arbitration agreements.
Taft-Hartley And State Power To Regulate Labor Unions, Donald H. Wollett
Taft-Hartley And State Power To Regulate Labor Unions, Donald H. Wollett
Washington Law Review
While the United States Supreme Court has in recent years held that the states have wide powers under the Fourteenth Amendment to regulate labor relations, it has during the same period circumscribed state authority over matters falling within the purview of Title I of Taft-Hartley viz., the National Labor Relations Act.
Labor Law, Robert S. Mucklestone
Labor Law, Robert S. Mucklestone
Washington Law Review
Covers cases on union discipline and judicial review of union declared law.
Creditors' Rights, Warren L. Shattuck
Creditors' Rights, Warren L. Shattuck
Washington Law Review
Covers labor liens by employees of hotels, restaurants, taverns, etc.
Labor—Picketing—When Enjoinable, Robert S. Mucklestone
Labor—Picketing—When Enjoinable, Robert S. Mucklestone
Washington Law Review
At a previous trial P was granted an injunction against picketing by D union after it was found that a labor dispute existed but that one of the objectives of the union was unlawful. The decree was affirmed in Ostroff v. Laundry & Dye Works Local 566, 37 Wn. 2d 595, 225 P. 2d 419 (1950). The basis for the finding of a labor dispute was in the existence of an employer-employee relationship between P and one member of D union. The illegal objective was that P sign a contract with D that he employ only union members in his …
Union Membership: Privilege Or Right?, Keith M. Callow
Union Membership: Privilege Or Right?, Keith M. Callow
Washington Law Review
The rapid growth of the labor union movement in the past sixty years has created many new, unique and complex problems. The application of old concepts and theories to these problems often has resulted in illogical and inequitable answers. In certain branches of labor law the courts have been slow in providing workable rules due to their adherence, not only to the old concepts, but also to—as if they applied to the present situation—the reasoning behind the old concepts. Some problems are being misread. Union membership must come to be recognized as a right and not a mere privilege. The …
Another Look At Picketing In Washington, Donald H. Wollett
Another Look At Picketing In Washington, Donald H. Wollett
Washington Law Review
The purpose of this comment is threefold: (1) to reformulate the Washington rules in re peaceful picketing in light of Ostroff v. Laundry and Dye Works Drivers' Local No. 566; (2) to suggest, using the metaphor employed by Judge Hamley in his dissenting opinion, that the rule of the Ostroff case embarks the court on a voyage into uncharted seas; and (3) to suggest further the wisdom of the court's returning to port and recharting a course over better marked and more frequently traveled waters.
Unemployment Compensation In Labor Disputes, Stimson Bullitt
Unemployment Compensation In Labor Disputes, Stimson Bullitt
Washington Law Review
This article will discuss the labor dispute section of the Washington State Unemployment Compensation Act1 and especially the advantages of an insurance coverage test as the most satisfactory approach by which this section may be applied.
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Washington Law Review
The underlying thesis of this critique is the notion that we are irrevocably committed to a federal labor policy of encouraging the establishment and maintenance of collective bargaining relationships. The economic wisdom of collective bargaining as a policy is somewhat beyond the scope of this discussion, yet some observations seem appropriate.
Jurisdictional Disputes, Donald R. Colvin
Jurisdictional Disputes, Donald R. Colvin
Washington Law Review
To understand better the tremendous scope of this labyrinthical situation, the following hypothetical, but not usual case is posed: The employees of A are members of B union. They are satisfied with their hours, working conditions, and wages and there is no allegation of any unfair labor practices upon the part of A. C, a rival union, enters the field, contending that the employees should affiliate with it, and, in order to prosecute its point, either pickets A or instigates a boycott. If A's employees were to accede to C's demands, it is highly probable that B would take resort …
Union Security In War-Time [Part 2], Lucile Lomen
Union Security In War-Time [Part 2], Lucile Lomen
Washington Law Review
A continuation of the article begun in the previous issue.
Union Security In War-Time [Part 1], Lucile Lomen
Union Security In War-Time [Part 1], Lucile Lomen
Washington Law Review
No appraisal of the present-day labor situation can be complete without a discussion of union security, which is one of the most significant trends in modem labor relations. The concept was formulated before the war, but it owes its rapid development to the need for union protection resulting from present abnormal conditions and its immediate purpose is to preserve union morale. Even when considering post-war economic and social policies, this device is important as a basis for determining the position of unions in that era. If union security is widely employed in post-war labor contracts, the device will give unions …
Wage Stabilization, Harold A. Seering
Wage Stabilization, Harold A. Seering
Washington Law Review
In the course of this discussion I do not feel it incumbent upon me to argue the case of wage stabilization. It is one of the facts of our war-time economy and whether we agree with its basic philosophy or not we must live with it. As I see it, the chief function of this discussion is to highlight the wage stabilization program so that your task as practicing attorneys who are frequently faced with wage stabilization problems will be made easier. In the measure which I can accomplish that result our task on the Twelfth Regional Board is also …
Freezing Of Labor In Wartime, James Gay
Freezing Of Labor In Wartime, James Gay
Washington Law Review
Regardless of the institutional or political structure of the countries engaged in modem warfare, competition for manpower among the armed forces, agriculture and industries creates labor shortage problems which, of necessity, must be solved by similar methods as long as the total amount of human resources is limited. A cursory glance at the wartime labor legislation of Great Britain, Canada, the U.S.S.R., and Germany shows that the means of coping with the steadily increasing labor shortage are on the whole similar in all four countries. Recent developments in the field of manpower allocation and wage freezing in the United States, …
The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton
The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton
Washington Law Review
A continuation of the article, beginning with the section on Provisions of the Collective Bargaining Agreement.
Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue
Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue
Washington Law Review
The uproar of the ancient market place was the symbol of competition until contemporary times. Each purchase or barter was a thing of its own; each buyer was to be treated according to "what this part of the traffic will bear"; each seller was to be heckled until the price would be cut no lower. Although "survival of the fittest" was the keyword, by and large the majority survived. Contrary to popular opinion, however, history has numerous examples of ancient and semi-modern attempts to control some of the unwanted effects of the competitive system. Furthermore, while early civilizations may have …
The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton
The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton
Washington Law Review
The significance of the collective labor agreement is naturally of importance to employers and their workers, but the public as a whole has an equally vital interest in the matter. The strike and its picket line, the lockout and the blacklist all create economic waste ultimately borne by the public. The concurrent disruption of industrial life and the imminence of violence and bloodshed suggest the value of industrial peace to the community, ind this is particularly true in wartime, when the utmost possible elimination of interruptions in production becomes a matter of urgent iational concern. The collective agreement, representing the …
State Courts Ponder Free Speech, Robert A. Purdue
State Courts Ponder Free Speech, Robert A. Purdue
Washington Law Review
This article will deal particularly with the control exercised by the United States Supreme Court over various state policies toward picketing, and will examine the coupling of that labor activity with freedom of speech. The recent Supreme Court holdings on this subject may have ramifications throughout the field of labor law. Some of these impacts will be suggested, and reference will be made to legal writings discussing particular phases in detail. Washington cases will be examined in the light of federal judicial pronouncements, and the effect of the specific cases decided by the United States Supreme Court upon analagous fact …
Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham
Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham
Washington Law Review
Advisedly has the "boycott"' been characterized as "a chameleon that is impossible of definition." Only the epithet "secondary boycott has perhaps occasioned more intricate judicial gymnastics. Justice Steinert, writing for the Washington Supreme Court, has recently observed with perspicacity that "the term 'secondary boycott' is of somewhat vague signification and has no precise and exclusive denotation." In the field of labor relations, as in other branches of the law, bench and bar have leaned on the comforting pillar of "lump concept" thinking which has more than once done yeoman's service for judicial reasoning and analysis. Truly has there been more …
Status Of Picketing In Washington, Jack H. Jaffe
Status Of Picketing In Washington, Jack H. Jaffe
Washington Law Review
The history of the status of picketing in the eyes of the legislative and judicial bodies of our nation since the early part of this decade has been a vitally interesting one, mirroring the changes which have taken place in the social and economic outlook of the populace. It is the purpose of this article to present a brief survey of this history, giving particular emphasis to that which has transpired in the state of Washington.
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Washington Law Review
Space will not permit of a comprehensive enumeration of the provisions of the Act or of the problems which have already arisen in its application, but an attempt will be made to briefly state and discuss its salient features and the more important problems which have arisen to date, and in conclusion reference will be made to the problem of constitutionality which is ever present in pioneering social and economic legislation.
The Status Of The Right To Picket In Washington, Charles R. Carey
The Status Of The Right To Picket In Washington, Charles R. Carey
Washington Law Review
The recent decision of the Washington Supreme Court in the case of Sterling Chain Theatres, Incorporated, v. Central Labor Council of Seattle, et al., as to the right to picket, constitutes such a radical departure from the heretofore well-established law of this state, that a retrospection and analysis is essential to a better understanding as to the future solution of this question. In the instant case, the plaintiff sought to restrain as unlawful the acts of members of defendant union of maintaining peaceful patrols marching to and fro with placards signed by the council of all the unions, informing the …