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The Consent Of The Governed: Public Employee Unions And The Law, Theodore J. St. Antoine

Book Chapters

The major development in labor relations legislation during the past decade was the veritable eruption across the country of state statutes providing for the unionization of public employees. Wisconsin led the way in 1959 by 'imposing the duty to bargain on municipal employers. Ten years later, by my count, 22 states had passed laws authorizing some form of collective bargaining for either state or local employees, or both. An additional ten or so states have prescribed bargaining procedures for certain specified categories of employees, such as firemen, policemen, teachers, or public transit workers. All told, over two and a half …

Labor Law--The Permissible Scope Of The National Labor Relations Board's Rule Against Relitigation, Michigan Law Review

Michigan Law Review

Under section 9 of the National Labor Relations Act (NLRA or Act), the National Labor Relations Board (NLRB or Board) is charged with the responsibility of determining what group of employees constitutes an appropriate unit for purposes of collective bargaining with an employer. While the Board itself originally handled representation petitions and determined appropriate bargaining units, Congress in 1959 amended the NLRA and authorized the Board to delegate its section 9 powers to the regional directors in order to expedite NLRB operations. Pursuant to this authorization, and in accordance with its rule-making authority under section 6 of the Act, the …

Labor Relations--§ 301(A) Labor-Management Relations Act And Norris-Laguardia Act--Collective Bargaining Agreements--No-Strike Clause, Jerry Markham

Kentucky Law Journal

No abstract provided.

Collective Bargaining In The Federal Public Service Of Canada -- After Four Years -- A Time To Reflect, Review And Reform, C. Gordon Simmons

Kentucky Law Journal

No abstract provided.

Boys Markets And National Labor Policy, Stephen C. Vladeck

Vanderbilt Law Review

In 1962, the Supreme Court held in Sinclair Refining Co. v.Atkinson' that section 4 of the Norris-LaGuardia Act barred federal courts from enjoining union violations of no-strike clauses in collective bargaining agreements. Since Sinclair, violations of this type have been the subject of considerable discussion, but have resulted in little litigation. The number of man days lost as a result of no-strike clause violations is minimal and the frequency of these violations is so small that it is difficult to imagine that they have any great influence on the course of industrial relations. Nevertheless, lovers of symmetry have argued that …

Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review

Michigan Law Review

This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.

The Supreme Court Looks At Bargaining Orders Based On Authorization Cards, Elihu Platt

Georgia Law Review

LANDMARK decisions often tend to engender further debate. The Supreme Court's decision in NLRB v. Gissel Packing Co., upholding the authority of the Labor Board to issue bargaining orders on the basis of union authorization cards, is no exception. In the after- math of that decision, many conflicting views are being expressed. Admittedly, some questions still remain open, while other questions of at least equal, if not greater, significance have been finally adjudicated. Discussion is healthy as to both types of questions, particularly as to those for which ready answers are not yet available. It has been said-and in a …

The Right Of Wyoming State And Municipal Employees To Organize, Receive Exclusive Recognition, And Bargain Collectively, William L. Corbett

Faculty Law Review Articles

This article outlines the rights of persons employed by the State of Wyoming and its political subdivisions to organize, to have the organization obtain exclusive recognition, and to bargain collectively under existing Wyoming legislation and federal and state constitutional provisions.

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.

Book Notes, Law Review Staff

Vanderbilt Law Review

Debtors in Court: The Consumption of Government Services

By Herbert Jacobs. Chicago: American Politics Research Series, Rand McNally & Co., 1969, Pp. xv, 244.

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The Infamous of Nuremberg

By Col. Burton C. Andrus

London: Leslie Frewin, 1969. Pp. 211. $4.00

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Labor and the Legal Process

By Harry H. Wellington

NewHaven: Yale University Press, 1968. Pp. viii, 409. $10.00.

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Obscenity and Public Morality

By Harry M. Clor

Chicago:University of Chicago Press, 1969. Pp. xii, 315. $9.50.

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …

Coalition Bargaining: The Expansion Of The Bargaining Unit

Washington and Lee Law Review

No abstract provided.

Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review

Michigan Law Review

The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …

Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs

Michigan Law Review

This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.

The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus

Michigan Law Review

The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …

Collective Bargaining In Higher Education, Ralph S. Brown Jr.

Michigan Law Review

Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.

Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus

Michigan Law Review

It is to the basic financial and administrative constraints upon the powers of local governing units that this Article is primarily directed. The examples used are taken largely from Michigan experience and Michigan law. The same limitations upon the financial and administrative powers of local government, however, exist in almost all other states. The Michigan experience with public administration and public employee bargaining should provide both a warning and a guide to other states as they cope with the so-called public employee revolution.

Hospitals, Unions, And Strikes, Glenn E. Billington

Cleveland State Law Review

In April 12, 1967, the majority of the non-professional employees of St. Luke's Hospital of Cleveland, Ohio, members of Local 47, Building Service and Maintenance Union, walked off their jobs and set up picket lines across the entrance of the Hospital. In addition to bringing into the limelight the extremely poor working conditions in modern non-profit hospitals, the strike also pointed out a serious shortcoming of the law in Ohio and most other states. Before we can fully understand the problems of employees in non-profit hospitals, it is useful to briefly review the history of the modern hospital.

Collective Bargaining Without Work Stoppage?, Alvin L. Goldman

Law Faculty Scholarly Articles

Legal institutions have provided us with numerous spectator sports. The jury trial and its predecessors, including trial by combat, are obvious examples. In the mid-nineteenth century, arguments before the Supreme Court of the United States occasionally attracted crowds of spectators and captured the front pages of the yellow press. In more recent times, proxy fights have been rumored to provide action for the bookmaking set and televised legislative investigations have won top-viewer ratings. Among the perennial spectator sports provided by our legal institutions over the past half-century or more has been the confrontation of labor and management across the collective …

Public Employees' Right To Strike, Marc J. Bloch

Cleveland State Law Review

In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.

Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein

Cleveland State Law Review

BOOM BACKLASH made recent headlines in the May 26th issue of The Wall Street Journal. The sub-heading, "Efficiency Falls and Pay Training Costs Increase as Labor Supply Shrinks" delves into the heart of industrial engineering. This represents, also, an expansive and enigmatic economic problem which is now confronting employers in northern Ohio and western Pennsylvania. It is the job of the industrial engineer to deal with the resulting problems of decreased productivity, contract erosion, and unbalanced labor relations.

Obligation To Bargain On Basis Of A Card Majority: Recognition Of Unions Through Authorization Cards, Jacob Sheinkman

Georgia Law Review

THE controversy over the use of union authorization cards to support an order of the National Labor Relations Board (the Board) directing union recognition has become one of the most heated areas in labor law today. The veritable tempest, however, is in a proverbial teapot, for the overwhelming majority of questions concerning repre- sentation before the Board are resolved through the election process. In fiscal year 1967, the Board conducted 8,116 elections and issued only 157 bargaining orders based on a card majority, a fraction under merely two percent. Of these 157 cases, all but 16 involved employers whose commission …

Obligation To Bargain On Basis Of Card Majority: Some Thoughts On The Board's "Decision" In Levi Strauss, Or New Straws In Support Of Cumberland Shoe, Harry L. Browne

Georgia Law Review

FOLLOWING what must have been a deflating series of reversals by the court of appeals in Cumberland Shoe "card-check" cases, and shortly after the Supreme Court declined to review the Fourth Circuit's section 8(a)(5) decision in Crawford Manufacturing Co. v. NLRB, 2 the Board in Levi Strauss & Co. reasserted its independence from the mainstream or consensus of the judiciary and restated its arguments for resisting attacks on authorization cards when solicitor representations or misrepresentations are involved. As the Board acknowledged, Levi Strauss involved nothing unique, but

because their validity [Board principles] has been questioned by some courts and in …

The Obligation To Bargain On The Basis Of A Card Majority, Melvin J. Welles

Georgia Law Review

THE purpose of this paper, as the title indicates, is to discuss an employer's legal obligation under the National Labor Relations Act (the Act) to bargain with a union which has obtained authorization cards from a majority of the employees in an appropriate unit. I am assuming throughout this paper that the union's authorization cards are authentic, that they are unambiguous cards, that the signers understand the cards, and that the union obtained them without coercion, fraud, misrepresentation, or indeed any suggestion to the signers that the cards were for any purpose other than to authorize the union to represent …

Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine

Reviews

If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …

Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review

Michigan Law Review

The conventional National Labor Relations Board (NLRB) remedy against an employer who has violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with a properly certified union is a cease-and-desist order coupled with a directive ordering the employer to bargain with the union at the union's request. However, the interval between an employer's initial refusal to bargain and the final entry of a court of appeals' decree enforcing the NLRB's order to bargain has often been of such long duration that unions have complained that the conventional remedy is relatively meaningless and ineffective. The unions' …

Duty To Bargain On A Decision To Terminate Or Relocate Operations

Washington and Lee Law Review

No abstract provided.

Collective Bargaining Without Work Stoppages?, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt

Kentucky Law Journal

No abstract provided.

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …