Labor and Employment Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Interstate Legal Services and the Unauthorized Practice of Law

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Conflict of Laws--New York Public Policy Permits Enforcement of Foreign Gambling Obligation

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Conscientious Objectors--Universal Military Training and Service Act--Supreme Court Test of"Belief In A Relation to A Supreme Being

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Constitutional Law--Abatement of Convictions Occurring Prior to Passage of Civil Rights Act of 1964

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Escheats--Disputes Between States Concerning Unclaimed Corporate Obligations

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Labor Law--Failure To Bargain--Employer Required To Bargain With Respect to His Proposal To Contract Out Work

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Professions--Canon Twenty of the Canons of Professional Ethics Interpreted To Ban Statements to News Media

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Taxation--Corporate Income Taxation--Merger …

The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin

Vanderbilt Law Review

Passage of the new federal civil rights law in 1964 might have been expected to decrease the importance of the state fair employment practices (FEP) laws. Congress, however, chose not merely to permit these laws to continue in force to deal with purely local problems,but went further to entrust the primary administration of title VII, the federal fair employment statute, to state agencies where they exist. Thus the experience of these state agencies is of even greater importance now than formerly, for they will perform the day to day work of carrying out our nation's policy to prohibit discrimination in …

Agency -- 1964 Tennessee Survey, John S. Beasley

Vanderbilt Law Review

During the period covered by this Survey several cases have raised rather interesting points for consideration under the law of agency. On one occasion the Tennessee Supreme Court declined the opportunity of joining the ranks of the majority of states in moving toward a more modern rule on employer's liability with respect to an employee's child injured negligently by the employee. In this and other decisions, the courts have followed Tennessee precedent rather closely, with the result that there are few changes in the law of agency.

Admissibility Of Parol Evidence In Judicial Determinations Of Arbitrability, Michigan Law Review

Michigan Law Review

Whether parol evidence of bargaining history is admissible in a court's determination of arbitrability is a problem arising out of the United States Supreme Court's 1960 decisions in the Steelworkers Trilogy. The Court there emphasized the national labor policy favoring arbitration as the best means of resolving labor disputes. Citing its earlier Lincoln Mills decision interpreting section 301(a) of the Labor Management Relations Act, the Court stated that, in enacting section 301, Congress assigned the question of the jurisdiction of an arbitrator to the courts in the absence of an agreement by the parties specifically assigning the question to …

The Report Of The President's Cabinet Committee On Private Pension Plan Regulation: An Appraisal, Thomas B. Ridgley

Michigan Law Review

The growth of private employee pension plans in the American economy is astonishing. From 1953 to the end of 1964, the accumulation of assets of private pension funds has grown from 16.9 billion dollars to 75 billion dollars, with a projected accumulation of 225 billion dollars by 1980. At present, private retirement plans cover approximately 25 million workers, which is one-half of all employees in private non-farm establishments. Moreover, unions increasingly stress both the creation of pension plans where none exist and increased benefits from current plans. Thus, during the recent United Auto Workers negotiations the union sought and received …

Unfair Representation As An Unfair Labor Practice, Michigan Law Review

Michigan Law Review

In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.

Withholding Taxes On Wage Dividends For Pre-Bankruptcy Wages Assigned To Fourth Priority In Distribution Of Bankrupt's Estate-In Re Connecticut Motor Lines, Inc., Michigan Law Review

Michigan Law Review

Among claims against a bankrupt estate were those for unpaid wages and vacation pay earned within three months of the bankruptcy of the employer. The referee ordered distribution of the amount of the claims, assigning them second priority, but he refused to authorize deduction of income withholding tax and social security taxes from these payments as requested by the Government. The district court reversed, holding the trustee in bankruptcy liable for the taxes as a first priority administrative expense. On appeal, held, reversed. Taxes based on wage claims accruing prior to bankruptcy but paid during bankruptcy are section 64a(4) …

The Supreme Court And Labor Dispute Arbitration: The Emerging Federal Law, Russell A. Smith, Dallas L. Jones

Michigan Law Review

Within the past few years, the United States Supreme Court has handed down a number of decisions of great significance to the labor dispute arbitration process. Some have been concerned with problems of arbitrability or arbitral authority; others with the availability and exclusivity of the arbitration process vis-a-vis alternative legal remedies for breach of the labor agreement; and still others with the effect of a breach of obligation by one party to the labor agreement upon the obligations of the other party. We propose in this article to analyze these decisions, to attempt to categorize the different kinds of challenges …

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 …

The Nlrb And Determination Of The Appropriate Unit: Need For A Workable Standard, T. L. Grooms

William & Mary Law Review

No abstract provided.

Municipal Employees' Unions: The Climb Up Labor's Ladder, Frank A. Mysliwiec

Duquesne Law Review

For years municipal employees' unions have struggled to stand as equals beside their brother unions in private industry. Periodically, they have ascended many rungs in labor's ladder. However, in many instances their progress has been blocked, not by the municipal government but by courts, who, after considering all the factors involved, not only believed that it was in the public's best interests to have municipal employees join a less powerful union but also outlined the power of the municipality in dealing with the union.

At the present time, the court, the union and the municipality appear lost in a maze. …

The Unions - "The Implicit Enemy", Ronald R. Davenport

Duquesne Law Review

In a syndicated article, Ralph McGill asks whether the economic plight of the Negro in the United States will continue to be a statistic merely for social workers. The New York Times, recognizing that "Negroes make up one tenth of the civilian labor force," but that "they account for one fifth of the unemployed," recommends a federal works program, similar to that utilized during the depression, to end high Negro unemployment. Civil rights leaders meeting in Washington at the behest of the federal government call for massive federal governmental programs and new and stronger legislation to combat the problem of …

Labor Arbitration - A New Technology, Herbert Burstein

Villanova Law Review (1956 - )

No abstract provided.

Employer Free Speech Under The National Labor Relations Act, Joseph K. Pokempner

Maryland Law Review

No abstract provided.

State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow

Washington Law Review

The general problem to be considered here is that of the employer's insolvency and consequent inability to pay wages which have already been earned. More specifically this comment examines the various types of state legislation designed to assist employees in the collection of these earned but unpaid wages, with primary consideration directed to those statutes which enable the employee to circumvent the limitations of the federal Bankruptcy Act. State wage priority statutes are therefore not included, nor are general creditor collection devices, criminal sanctions against non-payment of wages, and laws authorizing the assignment of wage claims to an administrative agency …

Statement By Employer To His Employees Concerning Cause Of Discharge Of Fellow Employee Is Not Privileged-Sias V. General Motors Corp., Michigan Law Review

Michigan Law Review

Plaintiff, employed for ten years by defendant as a plant guard and held in high repute by the community, was summarily discharged for allegedly taking company property. The property in question was an automobile generator that plaintiff claimed to believe was one he had arranged to purchase from the company as salvage for use in his own car. Plaintiff removed the generator in an open manner, explaining to other employees what he was doing. The generator was found in the guard booth where plaintiff had left it with another guard while he went to the plant medical department for treatment …

Book Review. The Wagner Act Cases By Richard C. Cortner, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

The Fate Of Congressional Business Inquiry - U.S. V. Welden, Karl Jay Seif

Maryland Law Review

No abstract provided.

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.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

The Question Of Union Activity On Company Property, William B. Gould

Vanderbilt Law Review

Trade unionism is not an accepted principle in this country today...

The National Labor Relations Act maintains an encouragement of its "practice and procedure" as a basic policy of the United States. Yet there is a pronounced disparity in atmosphere between many established collective bargaining relationships and industries or regions which are nominally unionized or unorganized. Since Congress has chosen to proscribe a good deal of picketing of an organizational and recognitional nature in the Landrum-Griffin amendments to the act it is quite likely that the grounds for union-management combat will shift in this area somewhat to less specifically regulated …

The Establishment And Administration Of Pension Plans In The Labor Relations Process, Robert J. Hickey

Vanderbilt Law Review

The purpose of this article is to analyze the role of pension plans' in the labor relations process. The earliest pension plans had their origin in the early nineteenth century and were pioneered by fraternal associations established and operated by and for the employees. The advent of unions on the labor scene resulted in the union, instead of the fraternal association, administering the program. As for employer pension plans, the union leaders feared that such programs were only a devious employer's device to prevent unionization. Thus, prior to World War II, employer pension plans were usually unilaterally instituted. However, beginning …

Attorney And Client--Union Programs To Obtain Legal Counsel, Frank Cuomo Jr.

West Virginia Law Review

No abstract provided.

Twenty Years Of State Fair Employment Practice Commissions: A Critical Analysis With Recommendations, Herbert Hill

Buffalo Law Review

No abstract provided.

Hindsight And Foresight About Fepc, John G. Feild

Buffalo Law Review

No abstract provided.

Tailoring The Techniques To Eliminate And Prevent Employment Discrimination, Henry Spitz

Buffalo Law Review

No abstract provided.

Part I. Discussion Summary, Herman Schwartz

Buffalo Law Review

No abstract provided.

Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones

Buffalo Law Review

No abstract provided.

Damages For Unfair Labor Practices

Indiana Law Journal

No abstract provided.

Comment, Joseph B. Robison

Buffalo Law Review

No abstract provided.