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The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

Nlrb Deferral To Arbitration: The Evolution Of The Spielberg Doctrine, Brian S. Taylor

William & Mary Law Review

No abstract provided.

The Case For Quick Relief: Use Of Section 10(J) Of The Labor-Management Relations Act In Discriminatory Discharge Cases, Randal L. Gainer

Indiana Law Journal

No abstract provided.

Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Stephen B. Goldberg, Julius G. Getman, Jeanne G. Getman

Michigan Law Review

The response to the study in the academic journals was extensive, particularly in light of its multidisciplinary nature, which could be seen as calling for reviewers capable of assessing not only the labor law recommendations, but also the data collection methodology and the statistical analysis. One law review dealt with the multidisciplinary nature of the study by inviting a psychologist and a law teacher to write a joint review, and another law review published separate reviews by a lawyer, a professor of labor law, a labor economist, a professor of industrial relations, and a labor reporter and editor. Most legal …

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

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 …

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro

Indiana Law Journal

No abstract provided.

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

Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

An Examination Of Section 8(F) Of The National Labor Relations Act, Missy Walrath

Villanova Law Review (1956 - )

No abstract provided.

The Third Circuit's New Standard For Strike Misconduct Disharges: Nlrb V. W.C. Mcquaide, Inc., Stephen J. Cabot, Kenneth M. Jarin

Villanova Law Review (1956 - )

No abstract provided.

An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol

Villanova Law Review (1956 - )

No abstract provided.

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).

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 …

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.

Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt

University of Michigan Journal of Law Reform

The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of …

Resolving The Uncertainties Of The Employer's Duty To Bargain On The Basis Of Authorization Cards: Truck Drivers Union Local No. 413 V. Nlrb

William & Mary Law Review

No abstract provided.

Recent Cases, Author Unidentified

Vanderbilt Law Review

Labor Law--Authorization Cards--Court Suggests Board Requirement That Employer Petition for Election to Demonstrate Good Faith Upon Rejection of Authorization Cards --

Plaintiff unions' sought a National Labor Relations Board (NLRB) bargaining order alleging a violation of section 8(a)(5) of the National Labor Relations Act (NLRA) based on defendant-employers' refusal to recognize the unions when presented with authorization cards signed by a majority of the employees.' Plaintiffs contended that the language and history of sections 8(a) (5) and 9(a)" of the NLRA and interpretative court decisions establish an employer's duty to bargain whenever the union representative presents "convincing evidence of majority …

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.

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.