Labor and Employment Law Commons^™

Employer Remedies For Breach Of No-Strike Clauses

Indiana Law Journal

No-strike clauses in which unions promise not to strike or engage in work stoppages appeared in more than 94 per cent of all collective bargaining agreements in 1960.1 The no-strike clause is of manifest importance to the employer, for it is obtained as its sole assurance that business operations will continue uninterrupted by inevitable labor-management disagreements. It has long been thought that specific enforcement was the only satisfactory employer remedy for breach of a no-strike clause,' but a recent decision of the United States Supreme Court, Sinclair Refining Co. v. Atkinson,3 has held that federal courts may not issue injunctions …

Job Refusal In Unemployment Compensation Claims, Robert J. Bowers

Cleveland State Law Review

Unemployment compensation is a type of insurance. As such, it does not cover losses intentionally incurred by claimants. However, the spirit of the Social Security Act of 1935 and of similar laws enacted in all the states affect the qualification or disqualification of a claimant who refuses a job. The broad discretionary powers of administrators and boards of review preclude definitive answer. We must be content with awareness of the tolerance limits indicated by stare decisis and commission rules.

Stare Decisis In The F.E.L.A., Harry G. Fuerst

Cleveland State Law Review

The general doctrine on stare decisis is that when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases, where the facts are substantially the same. Congress on August 11, 1939, amended the Federal Employers Liability Act, and by the sweep of the President's pen the old and archaic defense of assumption of risk was completely eliminated from the Act.

Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

The Midwest Piping Doctrine: An Example Of The Need For Reappraisal Of Labor Board Dogma, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …

The Nlrb And Jurisdictional Disputes: The Aftermath Of Cbs, James B. Atleson

Journal Articles

No abstract provided.

Unions' Duty Of Fair Representation: Does It Exist And Who Should Enforce It, Robert L. Berchem

Villanova Law Review (1956 - )

No abstract provided.

State Right-To-Work Laws And Federal Labor Policy, Joseph R. Grodin, Duane B. Beeson

Faculty Scholarship

No abstract provided.

Economic Aspiration And Method, Jesse W. Markham

Vanderbilt Law Review

The topic I have chosen concerns the changing nature of organized economic enterprise, especially its social and legal environment. By organized economic enterprise I shall mean any economic entity in which decision-making is essentially composite rather than individual, of which business corporations and labor unions are the most obvious and, in terms of impact on the total economy, the most important. But by the criterion employed--decisions are essentially composite rather than individual--the average household consisting of at least one wife and husband surely falls within its ambit. Nor do I mean to imply that organized economic enterprise can be assessed …

Income Taxation--Contribution To Employees' Savings Trust, Charles Ellsworth Heilman

West Virginia Law Review

No abstract provided.

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, …

Labor Law—Collective Bargaining Agreement Resulting In Loss Of Right To Litigate By Union-Member Beneficiaries, Courtland R. Lavallee

Buffalo Law Review

Chupka v. Lorenz- Schneider Co., 12 N.Y.2d 1, 186 N.E.2d 191, 233 N.Y.S.2d 929 (1962).

Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington

Vanderbilt Law Review

This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.

Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel

Vanderbilt Law Review

It is refreshing to find among the myriad of volumes on trial practice published in recent years one which neither assumes that cases are tried in an emotional vacuum, where nothing but concrete facts and abstract propositions of law can influence the jury, nor deteriorates into a personal reminiscence on the part of the author of past court-room victories with the simple instruction to the reader to go and do likewise. Obviously a widely experienced courtroom practitioner, Mr.Gazan seldom utilizes that background directly for purposes of illustration; rather he draws from it general propositions applicable to courtroom procedure, which he …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder

Washington Law Review

"We... hold that a person is not automatically ineligible for unemployment compensation simply because he engages in some remunerative activity of a personal or self-directed nature. Respondent... was unemployed within the meaning of RCW 50.04.310."' In these words the Washington Supreme Court permitted the recovery of unemployment compensation, under our statute, by a claimant who, though temporarily unemployed, assisted in the operation of his dairy farm.

Labor Law--Application Of Pre-Emption Doctrine In Suites To Enforce Collective Bargaining Agreements, James K. Edmundson Jr.

West Virginia Law Review

No abstract provided.

The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen

Michigan Law Review

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …

Unfair Labor Practices, Individual Rights And Section 301, Irving Kovarsky

Vanderbilt Law Review

On December 10, 1962, the United States Supreme Court, in Smith v. Evening News Ass'n, established several principles of law which may rival the well-known decision of Textile Workers Union v. Lincoln Mills in importance. The purpose of this comment is to examine the far-reaching implications of Evening News and related Supreme Court decisions.

Nlrb - Fepc?, Jeffrey M. Albert

Vanderbilt Law Review

One potential agency in the attack on racial discrimination in employment is the National Labor Relations Board. The President has indicated that substantial reliance will be placed on that agency for the vindication of Negro rights in areas of employment not covered by Executive Order 10925. Less than a year. ago the board's approach in this area was cautious and its proper role ill-defined and speculative.' Within the past year, however, the NLRB has moved rapidly by sharpening four, possibly five, anti-bias remedies. Three have roots in early NLRB decisions. The fourth is new. The fifth, resurrection of which has …

Labor Law -- 1962 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Two decisions during the survey period involve implementation of rights under collective bargaining agreements. These Tennessee decisions interrelate with other decisions in an area of labor law that has been developing with astonishing rapidity since the Supreme Court of the United States embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements in the famous Lincoln Mills decision in 1957. It has been determined that rights under collective bargaining agreements, where the parties would be subject to the Taft-Hartley or Labor-Management Relations Act of 1947, arise under this federal common law." …

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Labor Law--Employee Rights Under Collective Bargaining Agreement, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.

Inequities In Corporate Payments To Widows

Indiana Law Journal

No abstract provided.

Fela Beneficiaries

Washington and Lee Law Review

No abstract provided.

Section 301(A) And Pre-Emption Under Taft-Hartley

Washington and Lee Law Review

No abstract provided.

Advocating The Rights Of The Injured, Benjamin Marcus

Michigan Law Review

When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.

Labor Law--Federal Pre-Emption--Scope Of Arguable Nlrb Jurisdiction, Martin B. Dickinson Jr., S.Ed.

Michigan Law Review

Picketing by petitioner interrupted the unloading of respondent's cargo vessels. A state court granted respondent's request for a permanent injunction against further picketing, despite petitioner's contention that, since it was a "labor organization" within the meaning of section S(b) of the Labor Management Relations Act and respondent had alleged an unfair labor practice, the National Labor Relations Board had exclusive jurisdiction of the dispute. The Supreme Court of Minnesota affirmed the granting of injunctive relief. On certiorari to the United States Supreme Court, held, reversed, one Justice dissenting. Since an unfair labor practice has been alleged and petitioner is …

Labor Law--Interrogation Of Employee By Employer As An Unfair Labor Practice, Sterl Franklin Shinaberry

West Virginia Law Review

No abstract provided.