Labor and Employment Law Commons^™

The Runaway Shop, Michael Frenkel

Cleveland State Law Review

One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …

Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete

Cleveland State Law Review

Disposition of funds upon a local's disaffiliation from the international union has been one of the most difficult problems for the courts to overcome in the field of Labor Law. The application of common law doctrines to a mobile field requiring flexible approaches posed many problems. Seemingly, a new theory had to be developed every time'a new situation arose since the courts were reluctant to consistently apply any one theory because of its undesirable results. This resulted in the development of six distinct doctrines: "implied condition" or "frustration of purpose," "local autonomy," "trust fund," "unclean hands," "certification" and "breach of …

Labor Law--Norris-Laguardia Act--Power Of Federal Court To Enjoin Breach Of No Strike Clause, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Priority Paradoxes In Patent Law, Richard H. Stern

Vanderbilt Law Review

The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …

Labor Law—Dissolution Of Federally Authorized Welfare Fund By State Superintendent Of Insurance Upheld, Richard S. Mayberry

Buffalo Law Review

Tiacher v. United Construction Workers, 10 N.Y.2d 439, 180 N.E.2d 245, 224 N.Y.S.2d 657 (1962).

Labor Law—Labor Disputes—Federal Pre-Emption Of Jurisdiction, Harold D. Johnson

Washington Law Review

The doctrine of federal pre-emption of jurisdiction over labor disputes was given a significant application by the Washington Supreme Court in 1961. In Freeman v. Retail Clerks Union, Local No. 1207, the court held that since the "controversy is within the 'arguably subject' rule of San Diego Bldg. Trades Council v. Garmon ..." the state courts lacked jurisdiction to grant an injunction against peaceful picketing.

Employment Discrimination And Interstate Carriers

Indiana Law Journal

No abstract provided.

Labor Law--Jurisdiction Of Nlrb--Dollar Yardstick Of Nlrb And The "Affecting Commerce" Test, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Labor Law--Mandatory Requirement Of Bargaining, John Templeton Kay Jr.

West Virginia Law Review

No abstract provided.

Labor Law--Statute Of Limitations Under Taft-Hartley Act §303, Robert Glenn Steele

West Virginia Law Review

No abstract provided.

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

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Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

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Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

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Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

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Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …

Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar

Michigan Law Review

Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's …

Labor Law-Collective Bargaining Agreements-Implied Limitation On Management's Right To Subcontract, A. Paul Victor

Michigan Law Review

During the existence of a collective bargaining agreement which included both exclusive recognition and union shop clauses but did not include a management prerogatives clause, defendant employer, without the consent of the plaintiff union, contracted out janitorial work which had previously been performed by three of its employees. Subsequently, these employees were laid off and the plaintiff's protest, though in compliance with all grievance procedures, was unsuccessful. Thereupon, the plaintiff sought declaratory judgment relief under section 301 of the Labor-Management Relations Act, alleging that the defendant had no right to subcontract work customarily performed on its premises by its employees …

Workmen's Compensation -- 1961 Tennessee Survey (Ii), J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Since the workmen's compensation statute was designed to provide benefits for an employee's work-connected injury or death, it necessarily follows that there must have been an employment relationship within the coverage of the statute and that the person or persons claiming the benefits must be within the class entitled to do so. The application of this basic premise, which on its face appears simple enough, was involved in three cases before the Tennessee Supreme Court during the survey period.

Bowling v. Whitley was a workmen's compensation suit brought by an employee against his immediate employer, a subcontractor, as well as …

Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar

Michigan Law Review

A complaint issued by the National Labor Relations Board charged respondents, an employer and two labor unions, with illegally maintaining a closed or preferential shop. Following the issuance of the complaint, a settlement agreement was reached in which respondents stipulated to waive a hearing and all other proceedings to which they might be entitled under the National Labor Relations Act or under rules and regulations of the Board. Respondents also consented to the entry of a broad cease-and-desist order and a subsequent decree in which they were ordered to refrain from unlawful preferential hiring arrangements with each other, or with …

Labor Law-Unemployment Compensation-Applicable Disqualification Provision Where Claimant Is Discharged For Unauthorized Walkout, L. R. Bishop

Michigan Law Review

Plaintiff was discharged by his employer for participating in a walkout which was not authorized by the union of which he was a member and which was in violation of the applicable collective bargaining agreement. In passing upon his subsequent application for unemployment compensation, the Appeal Board ruled that he was disqualified from receiving benefits for the duration of his unemployment because his actions had constituted "misconduct" under section 29(1)(a)(2) of the Michigan Employment Security Act. The circuit court reversed, holding that the "misconduct" provision did not apply and that plaintiffs acts were properly cognizable under section 29(1)(b) which provides …

Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis

Michigan Law Review

Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …

Master And Servant--Fraud In The Inducement Of An Employment Contract--Effect Under Federal Employers' Liability Act, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Plant Removal And The Survival Of Seniority Rights: The Glidden Case

Indiana Law Journal

No abstract provided.

Labor Law-Picketing-Per Se Application Of Washington Coca Cola Doctrine Overruled By The Nlrb, John W. Galanis

Michigan Law Review

During a labor dispute with an electrical contractor, a union picketed the job site, the premises of a neutral employer, rather than the office of the primary employer where the contractor's employees reported for a few minutes at the beginning and end of each work day. The picket signs stated that the union's dispute was only with the contractor, and the picketing was limited to the times when the contractor's employees were present (except that it did not stop when the contractor's employees left for lunch and coffee breaks) . The neutral employer filed a complaint with the National Labor …

Labor Law-Collective Bargaining Agreements-Sham Exception To The Parol Evidence Rule In Welfare Trust Fund Agreement, John M. Price

Michigan Law Review

Defendant, shortly after commencing a small-scale strip-mining operation, signed a standard United Mine Workers collective bargaining agreement. He claimed that before signing he informed the union representative that he could not pay the union wage scale, or the specified royalty payments to the plaintiffs, trustees of the union welfare and retirement fund, and that he signed only after being assured that the agreement was a mere formality. Defendant did not pay union wages, and sent monthly checks to the plaintiffs only in amounts he felt he could afford. Plaintiffs brought suit on the written agreement for payment of the royalties …

Employee's Misconduct As A Bar To Unemployment Compensation

Washington and Lee Law Review

No abstract provided.

Foundations Of Union Power: The Complex Pattern Of Employment Laws, John M. Court

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade-Supreme Court Suggests A New Reading of Section 3 of the Clayton Act

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Civil Rights--Abatement and Revival--State Survival and Wrongful Death Statutes Adopted in Federal Civil Rights Act Suits

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Constitutional Law--Tenth Amendment-the Estate of A Veteran Dying Intestate Without Heirs May Constitutionally Escheat to the Federal Rather Than State Government

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Due Process of Law--A State May Deny An Applicant Admission to the Bar for Refusing To Answer Questions About His Advocacy of Subversive Organizations Or Objectives

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Federal Courts--State Security for Expenses Statute Inapplicable in Federal Equity Action Under Securities Exchange Act

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Federal …

Constitutional Law--Protected Freedoms And Rights--Enforced Organizational Dues, William Erwin Barr

West Virginia Law Review

No abstract provided.

Labor Law - Certain Appeals To Racial Prejudice Are Grounds For Setting Aside A Union Representation Election, Alan Sanders, Mark H. Plafker

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Right To Strike - No-Strike Clause Bars Strike Where Unfair Labor Practice Is Not Serious In Nature, Stuart Hubert Savett

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Representation - Seasonal Supervisors Included In Employees' Bargaining Unit, Arthur B. Morgenstern

Villanova Law Review (1956 - )

No abstract provided.

Trade Secrets, Customer Contracts And The Employer-Employee Relationship

Indiana Law Journal

No abstract provided.

Third Party Actions Under Workmen's Compensation Act, J. Westwood Smithers

University of Richmond Law Review

At common law any person who wrongfully injures another, intentionally or negligently, is liable to compensate such other person for his damages if the injured person is himself free from contributory fault. If the tortfeasor is a servant, acting within the scope of his employment, his employer (or master) is also liable to answer for the wrong under the long-established doctrine of respondeat superior,with certain exceptions in which immunity is granted to the state, or subdivisions thereof, and to charitable institutions. The trend in modern times has been to narrow, or to entirely abolish, such immunity. By the Federal Tort …