Labor and Employment Law Commons^™

Both Ways Test In Negligence Actions

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 …

Labor Relations--Employer's Duty To Bargain Over Subcontracting--Waiver, Louis Sweetland Southworth Ii

West Virginia Law Review

No abstract provided.

Labor Law--Bargaining In Good Faith--Union's Right To Conduct Time Studies On Company Property, Edward Perry Johnson

West Virginia Law Review

No abstract provided.

Reports, Awards And Opinions 1967-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Allied Maintenance Corporation, Boston Edison Company, and Beacon Photo Service, Inc., among others.

Reports, Awards And Opinions 1967-4, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Prudential Insurance Company of America, E.R. Squibb & Sons, Inc. and Trenton-Philadelphia Coach, Co., among others.

Reports, Awards And Opinions 1967-3, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New Haven Copper, Otis Elevator Company and Pabst Brewing Company, among others.

Reports, Awards And Opinions 1967-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Lithographers and Photographers International Union, National Broadcasting Company, Inc.,Texaco, Inc. Sales Department New York Division, Topps Discount Store, among others.

Reports, Awards And Opinions 1967-5, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Trenton-Philadelphia Coach, Company, Shopmen's Local Union 455, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO and Wilson Athletic Goods Manufacturing Company, Inc., among others.

Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine

Book Chapters

One of the happier ironies of recent labor history can be found in the impetus given union democracy by the Landrum- Griffin Act. At the time the Act was passed, the thinking of disinterested observers had not yet crystallized on the merits of running a union's affairs democratically. It is probably fair to say that the main push in Congress for Landrum-Griffin and, particularly, its Title, "Bill of Rights" came from a conservative coalition which was less concerned with promoting the individual rights of working people than with blunting the effectiveness of labor organizations. There is hardly anything unique in …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus

Cleveland State Law Review

In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …

State Employees And The Fair Labor Standards Act - Maryland V. Wirtz

Maryland Law Review

No abstract provided.

Labor Democracy In America: The Impact Of Titles I & (And) Iv Of The Landrum-Griffin Act, Robert L. Berchem

Villanova Law Review (1956 - )

No abstract provided.

Employer's Liability For Employee He Was Compelled To Hire, James Balph

Cleveland State Law Review

Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …

Labor Law-Two Views Of A Labor Relations Consultant's Duty To Report Under Section 203 Of The Lmrda, Michigan Law Review

Michigan Law Review

Title II of the Labor-Management Reporting and Disclosure Act (LMRDA) requires unions, union officials, union employees, employers and "labor relations consultants" to file various reports with the Secretary of Labor. The purpose of these provisions is to discourage corrupt, though not necessarily illegal, labor management activities by disclosing them for public scrutiny. Section 203(b) of the Act, which is aimed at the "labor relations consultant," states that "every person" who agrees with an employer to "directly or indirectly" (1) "persuade employees" regarding their right to organize and bargain collectively or (2) inform the employer of certain union-employee activities must file …

A Union Member's Right Of Free Speech And Assembly: Institutional Interests And Individual Rights, James B. Atleson

Journal Articles

No abstract provided.

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

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 …

The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Federal Criminal Code Protects Rights Secured by Fourteenth Amendment

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Civil Rights--Removal--Strict Interpretation of Federal Removal Statute Affirmed

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Labor Law--Judicial Review of Arbitrator's Authority To Imply Contractual Condition

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Labor Relations--Federal Preemption of Defamation Suits Arising in Course of Organizational Campaign

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State and Local Taxation--Economic Exploitation Sufficient Connection To Require Non-Resident Seller To Collect Use Tax

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 …

Re Int'l Moulders Union And Jamaica Mfg (Canada) Ltd, Innis Christie, D Wren, S H. Hartt

Innis Christie Collection

The facts essential to the settlement of this grievance do not appear to be in dispute. Employees of the company are paid an hourly base rate, as set out in the schedule to the collective agreement, plus incentive pay. The incentive system operates. wholly outside the agreement except for references in art. 10 (c), which is quoted below, and upon which this grievance is based. There are several indirect references to the incentive scheme in the "Wage Schedule and Classifications" appended to the agreement. The references in the schedule do no more than testify to the existence of the incentive …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

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Taxation--Thin Incorporation Not Tantamount to Disqualification …

American And European Labor Law: The Use And Usefulness Of Foreign Experience, Clyde Summers

Buffalo Law Review

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Adjusting The Adjustment Board: Jurisdictional And Judicial Review Amendments To Section 3 Of The Railway Labor Act

Indiana Law Journal

No abstract provided.

Re United Cork Linoleum & Plastic Workers, Local 380, And Union Carbide Canada Ltd, Innis Christie, G Brooks, C W. Vanwinsen

Innis Christie Collection

Employee Grievance claiming improper application of seniority provisions.

The issues in this case are therefore:

Where the company has the right under the collective agreement to deny promotion to the grievor, who is the senior man, on the ground that he does not satisfy educational qualifications unilaterally prescribed by the company.

If the company is successful in issue, can it be said that the grievor does not in fact have the qualifications prescribed by the company in this case.

Labor Law—Where Disputing General Contractor At Common Situs In Construction Industry Reserves Gate For Exclusive Use Of His Employees, Union May Picket That Gate Only, Fredric H. Fischer

Buffalo Law Review

Markwell & Hartz, Inc. v. Building & Construction Trades Council of New Orleans, AFL-CIO, 155 N.L.R.B. No. 42 (1965).