Labor and Employment Law Commons^™

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 …

The Labor Court Idea, R. W. Fleming

Michigan Law Review

When the War Labor Board first began to exert pressure on companies and unions to adopt grievance arbitration clauses during World War II, there was a considerable hesitance on both sides. Both groups worried that while third party decision making might momentarily improve productive efficiency, it would do so at the price of a long-run loss in institutional integrity and autonomy, and peace at any price held little fascination for either side. Nevertheless, grievance arbitration was accepted and gradually became the normal mechanism for resolving contractual disputes in the United States.

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 …

A Struck Carrier's Right To Attempt To Operate

Washington and Lee Law Review

No abstract provided.

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

Michigan Law Review

Those who have become accustomed to keep one ear cocked for the five-part harmony relentlessly ground out by the mimeograph machines at NLRB headquarters on Pennsylvania Avenue-those whom one may call professional Board-watchers-have doubtless noticed how fashions come and go in the subjects of NLRB litigation. It is as if the interest of litigants as easily wanes as does that of the reader of opinions, for there is a fairly regular succession of themes, each to be developed for a time until, as though by common consent, attention swings toward a different problem entirely. The wave of the present, I …

The Labor Board And The Arbitrators, Theodore J. St. Antoine

Other Publications

The Labor Relations Law Section of the State Bar of Michigan held its second program of the current year, from May 27 through May 30, 1967 on Mackinaw Island, on a variety of subject matters with excellent presentations by the resource people conducting each of the various symposiums. Those who were unable to be present in this joint venture of pleasure and legal presentations will be able to at least vicariously "gather in the sheaves" of the legal wisdom disseminated during the program by the report contained herein. For those who were fortunate enough to attend plus those who didn't, …

Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine

Other Publications

A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …

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 …

Unlocking The Lockout - American Ship Bldg. V. Nlrb

Maryland Law Review

No abstract provided.

Labor Law-State Court Jurisdiction Over Employee's Damage Action Against Union For Failure To Process Fully Grievance Is Not Pre-Empted By The Nlrb-Sipes V. Vaca, Michigan Law Review

Michigan Law Review

Plaintiff, discharged by his employer on the ground that he was no longer physically able to work, enlisted the aid of his union to contest the dismissal. Under the provisions of the collective bargaining agreement between the union and the employer, the union was to seek redress of employee complaints by means of a five step grievance procedure, with arbitration as the final step. The union processed plaintiff's grievance without success through the first four steps of the procedure, but refused to take the issue to the arbitral level. Plaintiff brought suit against the union in a Missouri county circuit …

Boulwareism And Good Faith Collective Bargaining, Michigan Law Review

Michigan Law Review

The obligation to bargain collectively in good faith is imposed on both the employer and the representative of his employees by the National Labor Relations Act. Generally, some form of ask-and-bid bargaining is used to satisfy this statutory obligation. Since 1947, however, the General Electric Company has developed and used a bargaining technique known as Boulwareism, which, on its face, seems capable of achieving the same results as the ask-and-bid method, but in a more efficient manner. Nevertheless, the National Labor Relations Board recently found Boulwareism to be in violation of the duty to bargain in good faith.

Unfair Representation As An Unfair Labor Practice, Michigan Law Review

Michigan Law Review

In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.

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 …

Management And Labor Appraisals And Criticisms Of The Arbitration Process: A Report With Comments, Dallas L. Jones, Russell A. Smith

Michigan Law Review

Although arbitration as a means of resolving disputes arising under collective bargaining agreements has received widespread acceptance in this country/ in recent years there has been some evidence of increasing criticism of the process. As part of a research project dealing with the impact of the 1960 Supreme Court decisions in the Warrior & Gulf "trilogy" and the 1962 Sinclair "trilogy," we decided to ascertain how parties are appraising the arbitration process. We report here the more significant results of this survey along with our evaluation of the criticisms and suggestions which were received.

The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen

Michigan Law Review

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Labor Law--Employee Rights Under Collective Bargaining Agreement, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.

The Runaway Shop, Michael Frenkel

Cleveland State Law Review

One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …

Labor Law--Mandatory Requirement Of Bargaining, John Templeton Kay Jr.

West Virginia Law Review

No abstract provided.

Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen

West Virginia Law Review

No abstract provided.

Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White

Michigan Law Review

Respondent company laid off a number of employees as a result of its decision to contract out maintenance work formerly done in the company shop. After the grievance procedure failed to resolve petitioner union's claim that this violated the contract provision against lockouts, and the company refused the union's request for arbitration, the union sought specific performance of the promise to arbitrate contained in the collective bargaining contract. In dismissing the plea, the district court found that contracting out work was solely a function of management and therefore not arbitrable because the contract specifically excluded from arbitration "matters which are …

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …

Labor Law - Collective Bargaining - Union's Unprotected Harassing Activites As A Refusal To Bargain In Good Faith, William Y. Webb

Michigan Law Review

While bargaining for a new contract, the union announced that it would engage in a "work-without-contract" program designed to harass the insurance company employer into accepting its demands, in the event that no agreement was reached prior to the expiration of the existing contract. When that contingency occurred, the program was instituted consisting of such activities as refusing to write new business for a period, refusing to do customary duties, engaging in "sit-in mornings," soliciting policyholder support against the company, and mass demonstrations at the company's home office. The union continued to attend bargaining sessions, but it informed its members …

Protecting The Public Interest In Labor Disputes, Frank E. Cooper

Michigan Law Review

There exists general agreement that an effective means must be found, in the public interest, to curb strikes in basic industries that imperil the national health or safety. This principle, indeed, has been a part of our basic law for more than a decade. The trouble has been that the limited means provided to meet this need fail to give effective expression to the public interest. The only significant remedy is that which the steel strike has made so well known: an 80-day injunction followed by an election in which the employees may indicate for publicity purposes whether they wish …

Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox

Michigan Law Review

The Labor-Management Reporting and Disclosure Act of 1959 has two main divisions. One deals with the internal affairs of labor organizations and, incidentally, with certain dishonest practices in labor-management relations tending to corrupt union officials. The other deals with labor-management relations as such. This article is confined to the first branch.

Labor Law - Arbitration - Necessity Of According Individual Employees Right To Independent Representation In Arbitration Proceeding, Alan E. Price

Michigan Law Review

Plaintiffs, employees of defendant corporation, were demoted from supervisory positions back into the bargaining unit. The collective bargaining agreement defined seniority as "an employee's length of service with the company in years, months and days." The employer credited plaintiffs with continuous seniority from the time they had originally begun work with the company in non-supervisory positions. Defendant union contended that time spent in supervisory positions should be excluded from seniority. The dispute was submitted to arbitration without plaintiffs being given notice of the proceedings or opportunity to participate. The arbitration award adopted the position urged by the union. Plaintiffs brought …

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

Scholarly Works

No abstract provided.

Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones

Michigan Law Review

Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …

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 …

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger

Michigan Law Review

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.