Labor and Employment Law Commons^™

Collective Bargaining And The Coase Theorem, Stewart J. Schwab

Cornell Law Faculty Publications

Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer

Seattle University Law Review

Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …

Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel

Indiana Law Journal

No abstract provided.

Retail Store Employees Union Local 1001 V. Nlrb (Safeco Title Insurance Co.): Extending Tree Fruits To Protect Picketing Of Predominant Product Secondaries, Ann C. Hodges

Law Faculty Publications

The consumer product boycott is a traditional weapon employed by organized labor in disputes with employers. Picketing to solicit support from the public and other workers is also a traditional labor tactic. The legality of seeking support by combining these two methods--picketing a retailer to urge a consumer boycott of the primary employer's product-has been a source of disagreement among the Supreme Court, the United States Court of Appeals for the District of Columbia, and the National Labor Relations Board. The contested issue is whether picketing to instigate a product boycott on the premises of an employer with whom the …

The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg

Articles by Maurer Faculty

No abstract provided.

Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.

University of Richmond Law Review

A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).

Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman

Articles by Maurer Faculty

No abstract provided.

Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch

Florida State University Law Review

No abstract provided.

A Response To Professor Getman, George Schatzki

Indiana Law Journal

No abstract provided.

A Little Bit More On Collyer Insulated Wire, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Labor Law Reform-The Nlrb And A Labor Court, Florian Bartosic

Georgia Law Review

THE G-- D --- Labor Board." That expletive, the title of ." a 1938 Fortune article,' has become an unceasing chant of protest over the years. Today, as in 1938, the National Labor Relations Board finds itself at the center of a whirlpool of criticism. This is not at all surprising in light of the Board's mandate to strike a balance between the conflicting motifs of the national labor policy. My personal experience has been that the Board welcomes constructive criticism. The familiar refrain of persecution and ordeal at the hands of the Board that runs through the perennial anti-Board …

National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit

University of Richmond Law Review

In the National Labor Relations Act it is the stated policy of the United States to encourage the collective bargaining process. This article submits that in order to effectuate such a policy, a recognition of the nature and basic need of the union in a procedure involving three parties is vital.

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

Kentucky Law Journal

No abstract provided.

Craft Severance: Nlrb's New Approach

Indiana Law Journal

No abstract provided.

Indiana Labor Relations Law: The Case For A State Labor Relations Act, Julius G. Getman

Indiana Law Journal

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 - Right To Strike - No-Strike Clause Bars Strike Where Unfair Labor Practice Is Not Serious In Nature, Stuart Hubert Savett

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Duty To Bargain - Performance Bond Not A Mandatory Subject Of Bargaining, Thomas F. Caffrey

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Jurisdiction Of National Labor Relations Board - Picketing Of Foreign Owned And Manned Vessels Is Arguably Subject To Jurisdiction Of Nlrb, Thomas A. Hogan

Villanova Law Review (1956 - )

No abstract provided.

Nlrb Control And Administration Of Representation Elections

Indiana Law Journal

No abstract provided.

Labor Law--Labor-Management Relations Act--"Captive Audience" Doctrine, George B. Berridge S.Ed.

Michigan Law Review

The day before a representation election was to be held at respondents plant the employees were assembled on the premises during working hours to hear an anti-union address by respondent's president. The union requested but was refused a similar opportunity to address the employees, and it appeared that respondent had in force a rule prohibiting union solicitation on company property. The National Labor Relations Board decided that although the contents of the president's speech were within the privilege of section 8(c) of the amended National Labor Relations Act, in refusing the union's request respondent had applied its no-solicitation rule in …

Disestablishment: Nlrb's Waning Remedy And The International Unions

Indiana Law Journal

No abstract provided.

Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed

Michigan Law Review

One of the employer's traditional weapons against the economic power of unions is the lockout. Since the central economic element involved in strikebreaking is that the operation of the plant and equipment is as important to labor as labor is to the operation of the plant and equipment, the lockout is one of the simplest methods of strikebreaking or of resisting union demands. This is so because in the endurance contest which ensues the economic resources of the employer are likely to be greater than those of the employee. Just as there are restrictions on union use of the strike, …

Labor Law-Labor-Management Relations Act-Relationship Of Remedies Under Title I And Title Iii, Wendell B. Will S.Ed.

Michigan Law Review

Petitioner, a local of the International Longshoremen's and Warehousemen's Union, established a picket line at respondent's lumber mill and notified other locals to refuse to unload respondent's products. Petitioner sought to force respondent to assign certain jobs to its men. Respondent's policy had been to use its own employees for the disputed work. As a result of petitioner's action respondent was forced to suspend its operations. Respondent filed an unfair labor practice charge with the NLRB alleging union violation of section 8(b)(4)(D) of the LMRA. After some time the NLRB determined that petitioner's men were not entitled to the disputed …

Smith: Labor Law: Cases And Materials, Harry Shulman

Michigan Law Review

A Review of LABOR LAW: CASES AND MATERIALS. By Russell A. Smith.

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Silverberg: How To Take A Case Before The National Labor Relations Board, Michigan Law Review

Michigan Law Review

A Review of HOW TO TAKE A CASE BEFORE THE NATIONAL LABOR RELATIONS BOARD By Louis G. Silverberg.

Nlrb As Protector Of Employees From Discharge For Making Suggestions To Management

Indiana Law Journal

Recent Cases: Labor Law