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Full-Text Articles in Labor and Employment Law

Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein Jun 1979

Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein

Michigan Law Review

This Article assesses the consequences of unions' virtually unrestrained power to set bargaining priorities and to reconcile antagonisms among the workers they represent. It then evaluates the function that economic interest groups within unions might serve if workers were encouraged to form interest groups and these groups were recognized as legitimate mechanisms for meeting the diverse needs of a heterogeneous workforce.

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Afterthoughts On The Short-Lived Experiment In Deregulation Of Representation Elections, David B. Ross Mar 1979

Afterthoughts On The Short-Lived Experiment In Deregulation Of Representation Elections, David B. Ross

Michigan Law Review

A Review of Union Representation Elections: Law and Reality by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman

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Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein Jan 1979

Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein

Articles by Maurer Faculty

No abstract provided.

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The Integrity Of The Arbitral Process, Roger I. Abrams Dec 1977

The Integrity Of The Arbitral Process, Roger I. Abrams

Michigan Law Review

Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Review the question of the role law should play in labor arbitration. Shulman urged "that the law stay out," while Cox argued that courts would come to understand the special nature of the arbitration process and would accordingly limit the extent of judicial intervention. The impact of their discussion has, of course, been mooted by the numerous judicial decisions implanting private arbitration within the federal law of the collective agreement. From the Supreme Court has come a formidable legal superstructure for the labor …

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Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine May 1977

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

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Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case Apr 1977

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.

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Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner Apr 1977

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

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Reprisal Discharges Of Union Officials, Alan V. Reuther Jan 1977

Reprisal Discharges Of Union Officials, Alan V. Reuther

University of Michigan Journal of Law Reform

Usually union officers and employees are also members of their union. The dual status of officer-members and employee-members places them in a unique situation under the LMRDA. As union members, they are entitled to the rights enumerated in Title I. As union officers and employees, however, they serve at the pleasure of their superiors. This situation raises the question whether officer- and employee-members have a cause of action under the LMRDA when they are discharged in retaliation for exercising rights protected under Title 1. Resolution of this question depends upon whether or not such reprisal discharges violate the provisions of …

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Protecting Employee Solicitation - Distribution Rights From Union Waiver, Alan V. Reuther Jan 1976

Protecting Employee Solicitation - Distribution Rights From Union Waiver, Alan V. Reuther

University of Michigan Journal of Law Reform

Section 7 of the National Labor Relations Act guarantees various fundamental rights to employees, including the right to self-organization. Recognizing the inherent superiority of the work place as a situs for organizational activities, the courts and the National Labor Relations Board (hereinafter NLRB or Board) have balanced the property interests of employers against the organizational interests of labor and concluded that employees have the right to distribute literature on the employer's premises in nonworking areas during nonworking time and to solicit support during nonworking time for purposes protected by Section 7, unless special circumstances of production, discipline, or safety are …

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Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine Jan 1976

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

Articles

From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …

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Labor Relations Law In The Public Sector, Arvid Anderson Nov 1974

Labor Relations Law In The Public Sector, Arvid Anderson

Michigan Law Review

A Review of Labor Relations Law in the Public Sector by Russell A. Smith, Harry T. Edwards, and R. Theodore Clark, Jr.

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A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman Jan 1974

A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

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Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review Dec 1973

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

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The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards Apr 1973

The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards

Michigan Law Review

Whether the public sector is indeed sufficiently different from the private sector to warrant the assumption that private sector precedents should be avoided, or at least modified, is a question that can and has been argued at length; therefore, it will serve no useful purpose to rehash the issue in this Article. Rather, it is probably sufficient to observe that, for the most part, legislators and judges at the federal, state, and municipal levels have assumed that the two sectors are different; as a consequence, the initial legislative and judicial reactions to public sector unionism have been cautious. Arguments about …

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Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham Apr 1973

Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham

Michigan Law Review

The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?

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Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review Jan 1973

Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review

Michigan Law Review

This Note will only briefly discuss the implications of Burns for NLRB proceedings. Instead, the focus will be on the impact of Burns on actions to compel arbitration under section 301. Is the rationale of Burns inconsistent with the rule established in Wiley for section 301 actions? If it does not undermine Wiley, does Burns indicate when employers will be deemed successors in future actions under section 301 to compel arbitration? Before examining these questions, however, it is necessary to consider the decisions of Wiley and Burns.

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Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine Jan 1973

Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine

Articles

Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …

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The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman Jan 1972

The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman

Articles by Maurer Faculty

No abstract provided.

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The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg Jan 1972

The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg

Articles by Maurer Faculty

No abstract provided.

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Federal Employee Labor Relations: From The "Gag Rule" To Executive Order 11491, Stuart M. Rosenblum, Shelton E. Steinbach Jan 1971

Federal Employee Labor Relations: From The "Gag Rule" To Executive Order 11491, Stuart M. Rosenblum, Shelton E. Steinbach

Kentucky Law Journal

No abstract provided.

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Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine Jan 1971

Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine

Articles

The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …

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Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review Jun 1970

Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review

Michigan Law Review

When a group of employees strike against their own employer--the primary employer-their purpose usually is to disrupt his operations in the hope that economic pressure will persuade or coerce him to meet their demands. They may picket the primary employer's premises in order to publicize the strike or to try to persuade fellow employees to join it; and even if the picketing induces third persons not to deal with the primary, the employees' activity constitutes protected primary picketing. If the goal of the striking employees is in fact to publicize the strike and to persuade their co-workers, they will naturally …

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Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review Dec 1969

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.

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Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey Dec 1969

Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey

University of Michigan Journal of Law Reform

When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …

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Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould Dec 1969

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 …

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Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review Dec 1969

Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review

Michigan Law Review

In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …

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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 Jun 1969

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 …

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Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review Apr 1969

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review

Michigan Law Review

The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …

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Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald Apr 1969

Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald

University of Michigan Journal of Law Reform

The spiraling costs of political campaigns 5 and the continuing significant role played by unions and corporations in the financing of those campaigns call for an examination of section 610's efficacy as a prohibitory statute. This article will focus on the use of labor union funds in the financial aspects of national politics. It will first discuss the loopholes in section 610: those loopholes created through narrow judicial interpretation of the statute and those resulting from its imprecise drafting. Particular emphasis will be placed upon an analysis of the sources of funds available to unions for political activities and the …

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Labor Union Group Legal Service For Members, Eugene Green Jan 1969

Labor Union Group Legal Service For Members, Eugene Green

Cleveland State Law Review

The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.

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