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Articles 181 - 210 of 271
Full-Text Articles in Labor and Employment Law
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
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 …
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
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 …
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.
Laidlaw-The Mackay Legacy, Peter W. Hirsch
Laidlaw-The Mackay Legacy, Peter W. Hirsch
Georgia Law Review
IN 1938, a few short years after the enactment of the National Labor Relations Act,' and only one year after the constitutionality of the Act had been upheld, 2 the Supreme Court resolved a fundamental question concerning the extent to which the Act protected employees in their exercise of the right to strike. In NLRB v. Mackay Radio & Telegraph Co.," the Supreme Court held that an employer, in order to carry on his business, could lawfully hire permanent replacements for his employees who were engaged in an economic strike, and that the employer was under no obligation to create …
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Michigan Law Review
In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.
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
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 …
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit
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.
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Articles
Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …
Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review
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' …
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
University of Michigan Journal of Law Reform
This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …
Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)
Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)
William & Mary Law Review
No abstract provided.
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
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 …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
Labor Law-Prima Facie Tort Doctrine Bars Unreasonable Deprivation Of Union Membership-Hurwitz V. Directors Guild Of America, Inc., Michigan Law Review
Labor Law-Prima Facie Tort Doctrine Bars Unreasonable Deprivation Of Union Membership-Hurwitz V. Directors Guild Of America, Inc., Michigan Law Review
Michigan Law Review
In July 1965 the officers of the Directors Guild of America (DGA) and the Screen Directors International Guild (SDIG) concluded a merger agreement which provided that DGA was to be the surviving union and SDIG members were to become members of DGA automatically upon signing the DGA non-Communist loyalty oath. Although the SDIG membership ratified the merger agreement by a majority vote, six members steadfastly refused to sign the oath and as a result were not admitted to membership in DGA. They thereupon brought a diversity suit in a New York federal district court: and moved for a preliminary injunction …
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Michigan Law Review
One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …
The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman
The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
The Unanswered Questions Of American Ship, Michigan Law Review
The Unanswered Questions Of American Ship, Michigan Law Review
Michigan Law Review
The National Labor Relations Act does not specifically prohibit an employer from temporarily locking out his employees during collective bargaining negotiations. For many years, nevertheless, only lockouts used solely to avoid substantial economic loss as a result of union action-so-called "defensive" lockouts-were allowed. However, the emphasis which Congress placed on equality of bargaining pressure in enacting the Taft-Hartley amendments to the NLRA has caused a change in this judicial attitude. Although a few courts have gone so far as to suggest that the lockout should be as freely available as the strike, the United States Supreme Court has been more …
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
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 …
"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review
"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review
Michigan Law Review
The sole stockholder of the Garwin Corporation, a New York apparel manufacturer, caused a similar manufacturing company to be incorporated in Florida. The Garwin Corporation then terminated its New York operations, discharged its employees, and resumed operations at the Florida location. The International Ladies' Garment Workers' Union, which represented a majority of the discharged employees, filed a complaint with the National Labor Relations Board, alleging that the Garwin Corporation had violated sections 8(a)(l), (3) and (5) of the National Labor Relations Act because the relocation was motivated by anti-union animus and because the discharged employees were deprived of their rights …
Boulwareism And Good Faith Collective Bargaining, Michigan Law Review
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.
Product Picketing-A New Loophole In Section 8(H) (4) Of The National Labor Relations Act?, Michael A. Warner
Product Picketing-A New Loophole In Section 8(H) (4) Of The National Labor Relations Act?, Michael A. Warner
Michigan Law Review
Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …
Employer Free Speech Under The National Labor Relations Act, Joseph K. Pokempner
Employer Free Speech Under The National Labor Relations Act, Joseph K. Pokempner
Maryland Law Review
No abstract provided.
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Book Review. The Wagner Act Cases By Richard C. Cortner, Julius G. Getman
Book Review. The Wagner Act Cases By Richard C. Cortner, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Subcontracting Clauses And Section 8(E) Of The National Labor Relations Act, David M. Ebel
Subcontracting Clauses And Section 8(E) Of The National Labor Relations Act, David M. Ebel
Michigan Law Review
The addition of section 8(e) to the National Labor Relations Act in 1959 jeopardized the validity of all subcontracting clauses-provisions in employer-union collective bargaining agreements which in some manner eliminate or condition the employer's right to contract out work or which penalize the exercise of that right. Although it was not the congressional intent that section 8(e) indiscriminately abolish all subcontracting clauses, this is the literal impact of the language used in the section.
A Standard For Arbitrators In Subcontracting Disputes
A Standard For Arbitrators In Subcontracting Disputes
Indiana Law Journal
No abstract provided.
Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr.
Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr.
Michigan Law Review
Petitioner, a large independent oil company, owned a gasoline service station which it leased to an individual operator, reserving the right to determine certain aspects of the lessee's operations. During the lease period, a majority of the station attendants signed union authorization cards, and the union requested a meeting with the lessee for the purpose of negotiating a contract. The lessee refused to negotiate, discharged the attendants, and hired replacements. The trial examiner found that petitioner, as an employer of his lessee, had violated section 8(a)(5) of the National Labor Relations Act by refusing to bargain. On appeal, held, …