Labor and Employment Law Commons^™

Non-Profit Hospitals And Labor Unions, Esther Weissman

Cleveland State Law Review

This article examins the relationship between non-profit hospitals and labor unions.

Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley

Michigan Law Review

In companion cases state employees of Pennsylvania and New York were dismissed on grounds of "incompetency" and "doubtful trust and reliability" for refusing to answer questions by superiors concerning membership in communist organizations. Petitioner Beilan also invoked the Fifth Amendment at a hearing by a congressional investigating committee between the time he refused to answer his superior and the time he was dismissed. Appellant Lerner had invoked the Fifth Amendment when he refused to answer the questions asked by city officials. The highest courts of the states upheld the dismissals, making it clear that they were based on refusal to …

Labor Law - Evidence- Production Of Pre-Trial Statements For Purpose Of Cross-Examination In Nlrb Proceeding, Bruce L. Bower

Michigan Law Review

Respondent was accused of unfair labor practices. At the hearing before the trial examiner, respondent requested pre-trial statements of the general counsel's witnesses who testified, for the purpose of impeaching their credibility on cross-examination. The trial examiner's refusal was upheld by the NLRB. Upon motion to reopen the record, held, the record is reopened and further proceedings are to be held before the trial examiner. The holding of Jencks v. United States applies to NLRB proceedings; hence respondent has the right for cross-examination purposes to production of pre-trial statements made by the general counsel's witnesses which directly relate to …

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.

Labor Law--Federal Pre-Emption In The Field Of Labor Relations, G. H. A.

West Virginia Law Review

No abstract provided.

Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.

Michigan Law Review

In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …

Labor Relations In The Atomic Program, David B. Johnson

Vanderbilt Law Review

As in other areas of the United States program, the most pervasive influence in labor relations in atomic energy has been the federal government. The non-government sector is expanding rapidly in terms of the number of companies launching atomic energy operations, but this expansion is still in the exploratory and research and development stage. During this period of development in the private sector of the industry employers have relatively heavy need for engineering and technical skills and less for manual workers who are more susceptible to union organization. Although some problems for management and labor in the private sector of …

Chamberlin, Bradley, Reilly And Pound: Labor Unions And Public Policy & Gregory: Labor And The Law, Paul R. Haerle

Michigan Law Review

A Review of Labor Unions and Public Policy. By Edward H. Chamberlin, Philip D. Bradley, Gerard D. Reilly and Roscoe Pound.

State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett

Washington Law Review

Covers federal pre-emption and state power.

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox

Michigan Law Review

One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …

Labor Law—Injunctions Against Stranger Picketing, Buffalo Law Review

Buffalo Law Review

Pleasant Valley Packing Co. v. Talarico, 5 N.Y. 2d 40, 177 N.Y.S.2d 473 (1958).

Labor Law—Union Member's Remedies For Wrongful Expulsion, Buffalo Law Review

Buffalo Law Review

Madden v. Atkins, 4 N.Y.2d 283, 174 N.Y.S.2d 633 (1958).

Labor Law—Power Of Court To Enforce Arbitrator's Injunction, Buffalo Law Review

Buffalo Law Review

In re Ruppert, 3 N.Y.2d 576, 170 N.Y.S.2d 785 (1958).

Agency--1958 Tennessee Survey, Edward R. Hayes

Vanderbilt Law Review

Establishing that Tortfeasor is a Servant of Defendant: Negligent operation of motor vehicles probably is the most prolific source of tort liability today. Within this area an important cause of litigation has been negligent operation by someone other than the owner of the vehicle. The initial common law approach to such cases was to hold the owner responsible if he himself were negligent, as by entrusting his car to a known incompetent driver, or if the negligent driver were the owner's servant acting within the course and scope of his employment.'

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In Smith v. Phillips a pick-up truck, registered …

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

Labor Relations, Fred Bruhn

Washington Law Review

Covers cases on federal pre-emption under Taft-Hartley—interference with employment as an unfair labor practice as a common law tort.

Labor Law - Lmra - Injunctive Relief For Breach Of No-Strike Agreement, Mark Shaevsky

Michigan Law Review

The collective bargaining agreement between the employer and union contained a no-strike provision. While the contract remained in effect, the union sought wage renegotiations. The discussions were unsuccessful and the union called a strike. Claiming a breach of the no-strike clause, the employer requested an injunction against continuance of the peaceful strike. The district court held that under section 301 of the Labor-Management Relations Act of 1947, which provides that "Suits for violation of contracts between an employer and a labor organization . . . may be brought in any district court ... ," it had authority to enjoin the …

Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R.

West Virginia Law Review

No abstract provided.

Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson

Michigan Law Review

The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees' bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections …

Judicial Settlement Of Internal Union Disputes, Clyde W. Summers

Buffalo Law Review

No abstract provided.

"Cartels" Under The New German Cartel Statute, Heinrich Kronstein

Vanderbilt Law Review

On January 1, 1958, the "Cartel Statute" of the Federal Republic of Germany' became effective. American interests in this event are threefold: (1) During the past decade Americans have tried to convince the Western world that in an industrial, democratic society legislation of the American antitrust type is imperative. Is the German cartel statute a piece of legislation of this type? (2) The enactment of the statute brings to an end the application of Law No. 56 enacted by the American Military Government on January 28, 1947. The Paris Treaty between the Allied Powers and Germany provided that the Allied …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

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Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

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Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

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Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

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Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

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Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

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Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

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Evidence--Witnesses--Cross-Examination of Character Witness for Accused …

Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.

Michigan Law Review

Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …

Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr

Michigan Law Review

Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …

Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell

Michigan Law Review

The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …

Abdu V. Mayor Of Akko, Zvi Berinson, Yitzhak Olshan, Alfred Witkon

Translated Opinions

The petitioner was-the senior social worker in her particular field and had been in the service of the Akko Municipality since 1949, except for a short interval when she was abroad on a special training course. As a member of a minority group, she was mainly concerned with Arab residents. Owing to the National Insurance Law and substantial administrative changes in providing municipal assistance to needy people, she had been put on part-time work in October 1956. Her final dismissal in March 1957 was effected by the Council approving a prior resolution of the Executive Committee abolishing the post of …

The United States Arbitration Act - A Reevaluation, Herbert Burstein

Villanova Law Review (1956 - )

No abstract provided.

Pre-Emption And Non-Regulation - The No Man's Land Of Labor Relations - Guss V. Utah Labor Relations Board, Charles P. Logan Jr.

Maryland Law Review

No abstract provided.

The "Hot Cargo" Dilemma - Local 1976, Etc. V. National Labor Relations Board (Sand Door Case), Charles P. Logan Jr.

Maryland Law Review

No abstract provided.

The Background And Public Policy Of Pennsylvania Law On Collective Bargaining Agreements - Unshackling The Hold Of The Common Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.