Labor and Employment Law Commons^™

Use Of An Arbitration Clause As A Defense To 8(A)(5) Charge Resulting From The Employer's Refusal To Bargain When Acting Unilaterally With Respect To A Mandatory Subject Of Collective Bargaining

Indiana Law Journal

No abstract provided.

Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney

Michigan Law Review

State legislatures have enacted civil service laws applicable to municipalities in order to ensure that local governments provide optimum services to their citizens. To achieve this objective, the laws restrict eligibility for public service positions to persons of proven qualifications. Although these statutes provide general guidelines for municipal employment procedures, final decisions as to the actual hiring of employees are generally left to the municipalities. This practice recognizes the advantages of permitting local officials who are intimately acquainted with the demands of government work in their particular localities to select employees at their own discretion. However, it has been deemed …

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--Member's Right To Presence Of Counsel In Union Hearing, David Ray Rexroad

West Virginia Law Review

No abstract provided.

Management Rights And Subcontracting, John E. Burns

Duquesne Law Review

If we were a magician and could peer into a crystal ball and read the future, what would we see in the shadowland of managerial prerogatives? Undoubtedly a further shrinking and withering!

The handwriting is already clearly on the wall in large letters and bold face type, stenciled in indelibly in two cases of potentially farreaching decisions of National Labor Relations Board - Fibreboard Paper Products Corp. v. NLRB; and Town and Country Mfg. Co. v. NLRB. These two cases have caused strong repercussions in management circles.

Dilemma In Labor Law: The Right To Own Versus The Right To Know, Joseph Jr. Pass

Duquesne Law Review

From the line of labor decisions beginning with the Cordwainers Case to the most recent ones, one discernible fact is that the effort of labor unions to achieve a power balance with management has been extensive. And, at every step toward this ideal, the unions have been met with opposition by management. While some students of labor law feel that unions have now seen the scales tipped in their favor, others would disagree.

This comment explores one of the most recent conflicts between labor and management. It concerns the National Labor Relation Board's legal justification for requiring management to turn …

Survey Of North Carolina Case Law: Workmen's Compensation, Philip C. Thorpe

Articles by Maurer Faculty

No abstract provided.

Awarding Interest In Labor Arbitration Cases, James E. Youngdahl

Kentucky Law Journal

No abstract provided.

Unlocking The Lockout - American Ship Bldg. V. Nlrb

Maryland Law Review

No abstract provided.

Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich

Cleveland State Law Review

Since the institution of the Workmen's Compensation Acts, courts have recognized that in some instances compensation statutes cover suicide. However, these situations are few, and must meet a rigid set of tests before a court will award compensation to the decedent's family or survivors.

How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso

Cleveland State Law Review

The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …

Horseplay By Employees, Michael Kaye

Cleveland State Law Review

The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …

Book Review | Labor Arbitration - A Dissenting View By Paul Hays (Storrs Lectures On Jurisprudence 1964), Alvin L. Goldman

Law Faculty Scholarly Articles

This book review examines Labor Arbitration - A Dissenting View by Paul Hays (Storrs Lectures on Jurisprudence 1964).

Impasse In Collective Bargaining, David G. Epstein

Law Faculty Publications

The word "impasse" is an important part of the working vocabulary of all practitioners and students of labor relations. Although numerous trial examiner reports, board orders, court decisions and commentators have used the term impasse, the concept has never been discussed at length. In NLRB v. TexTan, Inc., the Fifth Circuit described "impasse" as "a state of facts in which the parties, despite the best of faith, are simply deadlocked." The Tex-Tan definition, while accurate, is of limited practical significance. It adds little to the definition of impasse that might be found in almost any standard desk dictionary. The only …

The Worker And The Law, Innis Christie

Innis Christie Collection

Professor Wedderburn's addition to the Pelican Law Series is, in keeping with the best of that series, an excellent introduction to the industrial law of the United Kingdom. Like its predecessors this book is written "both for the general reader and for the student of our social and legal system". However, general readers will have to be rather sophisticated in the law to stay with Professor Wedderburn from "The Foundations of Labour Law", through five chapters on the "law of industrial peace" and four on the "law of industrial conflict", to his conclusion.

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 …

Labor Law-Nrab Awards In Work Assignment Disputes Are Unenforceable Unless The Board Has Considered The Interest Of The Competing Union-Order Of R.R. Telegraphers V. Union Pac. R.R., Michigan Law Review

Michigan Law Review

The Order of Railroad Telegraphers filed a complaint with the National Railroad Adjustment Board (NRAB), alleging that the Union Pacific Railroad had violated its collective bargaining agreement with the union by assigning work covered by that agreement to members of the Brotherhood of Railway and Steamship Clerks. The Telegraphers sought damages in the form of back pay, but did not demand job reinstatement. Notice of the Telegrapher's claim was served on the Clerks who declined to appear before the Board since they viewed the dispute as one which involved only an interpretation of the contract between the Telegraphers and the …

Labor Law--Nlrb Refuses To Apply Related Work Doctrine To Construction Site Picketing--Building And Construction Trades Council (Markwell & Hartz), Michigan Law Review

Michigan Law Review

The New Orleans Building and Construction Trades Council, an association of craft unions, was engaged in a labor dispute with Markwell & Hartz, the general contractor on a construction project. In support of its dispute with the general contractor (primary employer), the Council picketed all gates leading to the job site, although some gates had been specifically reserved for the exclusive use of those subcontractors (secondary employers) with whom the union had no dispute. Employees of the subcontractors refused to cross the picket line to perform work pursuant to their employers' contracts with the general contractor. Markwell & Hartz filed …

"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 …

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Enforcement Of Statutory Rights Of Employees Of Government Contractors, C. Thomas Cates

Vanderbilt Law Review

The United States government disburses a vast amount of money each year to meet its contractual obligations. As the size of the federal government and the dimension of the services it provides continue to expand, the importance of federal contract spending in our national economy is likely to reach staggering proportions.' Presently there are a great many manufacturing, construction, and brokerage concerns engaged in work on a large number of federal government contracts. The purpose of this note is to discuss in general the major federal statutes which govern rights of employees of those performing government contracts and to discuss …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …

Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez

Washington Law Review

There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.

Judicial Creativity And State Labor Law, Cornelius J. Peck

Washington Law Review

That courts must and do make law is a proposition which no longer admits of debate. What remains debatable, however, is whether they choose the proper subjects and occasions for exercising their lawmaking powers as well as whether the products which they fashion are the best or most suitable for governing the affairs to which they will apply. Logically these questions involve separable issues, although there is a noticeable tendency on the part of some commentators to refer to the products of which they disapprove as judicial legislation and to those of which they approve as fine examples of common …

Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson

All Faculty Scholarship

The plaintiff sued the defendant for injuries sustained in an automobile collision and was awarded a judgment in the amount of $5,000 actual damages and $1,500 punitive damages. The defendant's insurance company had refused to defend her in that action or to pay the judgment obtained, relying upon an employee exclusion clause in the policy. The plaintiff thereupon sued the defendant on the judgment, this time joining the insurer as a co-defendant, and won a verdict to recover against the insurer the aforesaid amount. The insurance company appealed, questioning its liability for punitive damages.

Injunctions And Removal Under Section 301(A) Of Taft-Hartley

Washington and Lee Law Review

No abstract provided.

Philippine Labor Law—A Survey, Perfecto Fernandez

Washington Law Review

No abstract provided.

The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan

Washington Law Review

In carrying out its statutory responsibility to determine whether a unit of craft employees, rather than a broader unit, is appropriate for purposes of collective bargaining, the National Labor Relations Board (hereinafter referred to as the Board) ordinarily must strike a balance between sharply conflicting interests. One or more groups of specially skilled workmen will desire to be disassociated from other employees in order to obtain relatively superior terms and conditions of employment. The employer will probably oppose separate representation for the specialists, believing it not conducive to stable labor relations. And often an incumbent union, which has represented the …

Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review

Michigan Law Review

In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …

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.