Labor and Employment Law Commons^™

Labor Law - Jurisdiction Of National Labor Relations Board - Picketing Of Foreign Owned And Manned Vessels Is Arguably Subject To Jurisdiction Of Nlrb, Thomas A. Hogan

Villanova Law Review (1956 - )

No abstract provided.

Interpretation Of Union-Management Arbitration Agreements - Maryland Tel. Union V. Chesapeake And Potomac Tel. Co., Thomas Waxter Jr.

Maryland Law Review

No abstract provided.

Racial And Religious Discrimination In Employment And The Role Of The Nlrb, Walter H. Maloney Jr.

Maryland Law Review

No abstract provided.

Harassing Tactics Not Per Se A Breach Of The Duty To Bargain Collectively - N.L.R.B. V. Insurance Agents' International Union , M. Albert Figinski

Maryland Law Review

No abstract provided.

The Right Of Association And Labor Law, Robert J. Affeldt

Villanova Law Review (1956 - )

No abstract provided.

Intermittent And Constant Common Situs Picketing

Indiana Law Journal

No abstract provided.

Indiana Labor Relations Law, By Fred Witney, Joseph Lazar

Indiana Law Journal

No abstract provided.

The New Tax Policy On Deferred Compensation, Ralph S. Rice

Michigan Law Review

No single factor of income tax planning today exceeds in importance those devices under which payment of tax with respect to services performed by an employee in his peak earning years is postponed until the compensation is actually paid to him at a later date. It is normally expected that through these devices payment will be made to the employee after he has partially or fully retired and no longer encounters the high tax burden which arises from progressive rates at the time the services are rendered.

Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White

Michigan Law Review

Respondent company laid off a number of employees as a result of its decision to contract out maintenance work formerly done in the company shop. After the grievance procedure failed to resolve petitioner union's claim that this violated the contract provision against lockouts, and the company refused the union's request for arbitration, the union sought specific performance of the promise to arbitrate contained in the collective bargaining contract. In dismissing the plea, the district court found that contracting out work was solely a function of management and therefore not arbitrable because the contract specifically excluded from arbitration "matters which are …

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …

The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan

Faculty Scholarship

Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies

Michigan Law Review

Respondent construction firm was engaged in building a dam, the sole purpose of which was to enlarge a reservoir that supplied water to the city of Corpus Christi, Texas. Industrial producers of goods for interstate commerce and operators of instrumentalities of interstate commerce consumed nearly half of the water supplied by the city's system. The Secretary of Labor sought an injunction against violations of the overtime provisions of the Fair Labor Standards Act The district court granted the injunction; the court of appeals reversed, relying primarily upon the "new construction" doctrine. On certiorari to the United States Supreme Court, held …

Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb

Michigan Law Review

Taxpayer received assistance from a labor union while he was participating in a strike called by the union. The area in which he lived had become a distressed area as a consequence of the strike, and the union had established a general program of aid for strikers with no other source of income. Both before and after he joined the union payments were made to taxpayer under this program. Taxpayer sued for a refund of the income tax he payed on the value of the assistance so received, and the jury returned a verdict in his favor, finding the payments …

Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas

Washington Law Review

Since the passage of the labor reform legislation of 1959, a member of a labor organization engaged in an industry affecting commerce has certain federally-recognized rights in addition to his rights under state law. In many instances he may have a choice between a state and a federal forum when he seeks a remedy against his union. In this Comment, the federal rights and remedies and the existing Washington law will be examined in broad summary form1 in order to evaluate the factors influencing the choice of forum.

Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.

Michigan Law Review

Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners' association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association's notice were "voluntarily'' out of work and therefore …

Labor Law—Federal Preemption Of State Jurisdiction In Labor Cases, Buffalo Law Review

Buffalo Law Review

Dooley v. Anton, 8 N.Y.2d 91, 202 N.YS.2d 273 (1960).

Contracts -- 1960 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

During the period covered by this survey, the Tennessee courts have had occasion to decide some rather basic questions in the law of contracts. These cases are the subject of comment. Other cases involving only questions of burden of proof regarding contracts questions have not be commented on.

Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Labor law is concerned with the rules governing the various phases of the employment relation and the activities of employers and labor organizations vis-a-vis such phases. Sometimes such rules are embodied in criminal law or tort law. If the substance of the alleged crime or tort is not directed toward or used in some respects as a regulation of employment or labor relations, it is excluded by the above definition even though some "labor" aspect is prominently identified with the case. For example, during the survey period the Supreme Court of Tennessee decided the case of Smith v. State, affirming …

The Six Carrier Mutual Aid Pact

Indiana Law Journal

No abstract provided.

Pension Funds And Economic Power, By Paul P. Harbrecht, Robert J. Lynn

Indiana Law Journal

No abstract provided.

Labor Law, Denny E. Anderson

Washington Law Review

Covers cases on the jurisdictional conflict between state courts and the National Labor Relations Board.

Labor Law--Unprotected Activities As Affecting Requirements Of Union's Duty To Bargain, C. H. H. Ii

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases:

CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY

=================================

CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN

=================================

DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR

=================================

EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT

=================================

FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE

=================================

LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT

=================================

PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …

Labor Law - Collective Bargaining - Union's Unprotected Harassing Activites As A Refusal To Bargain In Good Faith, William Y. Webb

Michigan Law Review

While bargaining for a new contract, the union announced that it would engage in a "work-without-contract" program designed to harass the insurance company employer into accepting its demands, in the event that no agreement was reached prior to the expiration of the existing contract. When that contingency occurred, the program was instituted consisting of such activities as refusing to write new business for a period, refusing to do customary duties, engaging in "sit-in mornings," soliciting policyholder support against the company, and mass demonstrations at the company's home office. The union continued to attend bargaining sessions, but it informed its members …

Unemployment Compensation - Labor Dispute Disqualification - Public Policy And The "Establishment", William G. Thursby

Michigan Law Review

Claimants brought suit for unemployment compensation allegedly due them for a period of temporary unemployment. Their employer manufactured spark plugs which were assembled at its Ohio plant using component parts made at its Michigan plant some 50 or 60 miles distant. The parts were transported daily by truck to the Ohio plant, and the Michigan plant was under the direct supervision of the Ohio plant. When a labor dispute occurred at the Michigan plant, lack of parts forced the lay-off of claimants at the Ohio plant. Upon termination of the labor dispute and a resumption of production the claimants resumed …

Labor Law--Injunctions Of Strikes Affecting National Health And Safety, C. H. H. Ii

West Virginia Law Review

No abstract provided.

Protecting The Public Interest In Labor Disputes, Frank E. Cooper

Michigan Law Review

There exists general agreement that an effective means must be found, in the public interest, to curb strikes in basic industries that imperil the national health or safety. This principle, indeed, has been a part of our basic law for more than a decade. The trouble has been that the limited means provided to meet this need fail to give effective expression to the public interest. The only significant remedy is that which the steel strike has made so well known: an 80-day injunction followed by an election in which the employees may indicate for publicity purposes whether they wish …

Internal Affairs Of Labor Unions Under The Labor Reform Act Of 1959, Archibald Cox

Michigan Law Review

The Labor-Management Reporting and Disclosure Act of 1959 has two main divisions. One deals with the internal affairs of labor organizations and, incidentally, with certain dishonest practices in labor-management relations tending to corrupt union officials. The other deals with labor-management relations as such. This article is confined to the first branch.

Labor Law - Fair Labor Standards Act - Recovery In Suit By Secretary Of Labor Of Wages Lost Through Wrongful Discharge, Robert Brooks

Michigan Law Review

Several employees of respondent had requested the Secretary of Labor to institute an action against the respondent under the Fair Labor Standards Act to recover unpaid minimum wages and overtime compensation. As a result, the employees were discharged, in violation of section 15 (a) (3) of the act. The Secretary brought an action under section 17 to enjoin respondents from the violation, for reinstatement and for wages lost due to the wrongful discharge. The court of appeals held that the district court had no jurisdiction under section 17 to award wages lost through wrongful discharge. On certiorari to the United …