Labor and Employment Law Commons^™

Automation's Impact On Industrial Safety, Donald F. Harrington

Cleveland State Law Review

Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.

Staggering Punitive Damages Against Labor Unions, Thurlow Smoot

Cleveland State Law Review

The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.

Book Review, Robley D. Evans

Cleveland State Law Review

Reviewing Milton Derber and Edwin Young, Labor and the New Deal, University of Wisconsin Press, 1957

Newspaper Carrier--Servant Or Independent Contractor?, Fred F. Bradley

Kentucky Law Journal

No abstract provided.

Labor Law: Validity Of "Hot Cargo" Clause In Contract Between Employees And Common Carriers., William H. Gardner

Buffalo Law Review

Genuine Parts Co., 119 N. L. R. B. No. 53 (1957).

Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.

Michigan Law Review

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction's millwork. The NLRB issued a complaint against the striking …

Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams

Michigan Law Review

Plaintiff, Sorenson, contracted with defendant, Overland Corporation, to become one of its directors, and the contract was approved by Overland's stockholders. After he began to serve as a director, Sorenson was made a party defendant to a stockholder's derivative suit attacking the propriety of his contract of employment with Overland. The derivative suit terminated in favor of Sorenson and he then brought an action for reimbursement of the counsel fees incurred by him in defending the stockholder's action. Plaintiff's action was under a corporate by-law providing that the corporation shall indemnify directors and officers against expenses incurred by them in …

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …

Film Review. The Constitution And Employment Standards, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.

Michigan Law Review

The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …

Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.

Michigan Law Review

Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant's business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company's volume of business did not meet the Board's revised minimum "jurisdictional" standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board's determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme …

Protection Of Members' Interests In Funds Of Unincorporated Unions

Indiana Law Journal

No abstract provided.

Miscellaneous—Labor Law—Matters For Arbitration, Diane Gaylord, Donald N. Roberts

Buffalo Law Review

Wrap-Vertiser Corporation v. Plotnick, 3 N.Y.2d 17, 163 N.Y.S.2d 639 (1957); Matter of Potoker (Brooklyn Eagle), 2 N.Y.2d 553, 161 N.Y.S.2d 609 (1957).

Subrogation Rights Of Employer Barred As Against Statutory Co-Employees, Charles R. Cloud

William & Mary Law Review

No abstract provided.

New Approaches In The Teaching Of Collective Bargaining, Herbert L. Sherman Jr.

Journal of Legal Education

No abstract provided.

Teaching The Labor-Management Relations Act In The Basic Labor Law Course, Jerre S. Williams

Journal of Legal Education

No abstract provided.

Insurance -- 1957 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Lee v. Occidental Life Ins. Co.' is one of first impression in this state, and considers the effect of a change in the by-laws and constitution of a labor union--with a corresponding change in coverage under a group insurance policy issued to the union--on the rights of an insured member of the union.

Life, Health and Accident Insurance In Alvis v. Mutual Benefit Health and Acc. Ass'n, the Supreme Court construed certain provisions of a ten-year annual increasing policy issued to the plaintiff's intestate by defendant insuror.

Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …

Labor Law, John P. Cook

Washington Law Review

Covers cases on picketing—when subject to injunction as coercive.

Some Procedural Problems In Arbitration, Benjamin Aaron

Vanderbilt Law Review

By training and experience, lawyers are accustomed to deal with problems within a well-defined procedural framework. Familiarity with established rules of conduct, however archaic and nonsensical they may be, apparently does not breed contempt; on the contrary, it seems to enhance the average lawyer's feelings of security and self-confidence. Conversely, he is apt to become uneasy, irritable, even indignant, when compelled to function within a system of loose and flexible procedures, inconsistently applied according to a logic that to him is at best obscure and often inscrutable. The attorney who is not a labor relations specialist, and who only occasionally …

Informing The Arbitrator, Robert L. Howard

Vanderbilt Law Review

In any arbitration proceeding the representative of each party has a two-fold obligation of major importance to the arbitrator, the effective fulfillment of which is essential to the success of the arbitration process. In the first place, the arbitrator must be advised in clear and concise terms as to exactly what constitutes the issue or issues to be determined, which, of necessity, to be effective, must be preliminary to the presentation of the case proper. In the second place, it is, of course, equally important to have a clear presentation of each party's case after the issue has been formulated. …

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of violation of an overtime clause dealing with equal distribution. In each case …

Executive Compensation And Federal Securities Legislation, Myer Feldman, V. Henry Rothschild

Michigan Law Review

In this article we first consider the type of compensation plan or arrangement which must be registered with the Securities and Exchange Commission. We shall then outline the requirements for disclosing the plan and its terms, as imposed by federal securities legislation and administrative regulation thereunder.

Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.

Michigan Law Review

In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …

Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.

Michigan Law Review

Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …

A Lawyer's View Of Labor Arbitration, George E. Strong

Vanderbilt Law Review

The future of labor arbitration and the viewpoint of the lawyer with reference thereto depend very largely upon the arbitrators and their procedures, conduct and decisions. Of course, the parties and their counsel are under a duty, in the words of the Code of Ethics and Procedural Standards for Labor-Management Arbitration prepared by the American Arbitration Association and the National Academy of Arbitrators and approved by the Federal Mediation and Conciliation Service, "to approach arbitration in a spirit of cooperation with the arbitrator and should seek to aid him in the performance of his duties." Nevertheless, the arbitrator, like the …

The Proposed Uniform Arbitration Act Should Not Be Adopted, Alexander H. Frey

Vanderbilt Law Review

The primary reason why the proposed Uniform Arbitration Act should not be adopted is because, by an express provision in section 1, the Act is made applicable to "arbitration agreements between employers and employees or between their respective representatives." My experience as an arbitrator has been confined almost exclusively to labor disputes of which I have arbitrated hundreds. Consequently, I do not purport to be able to judge whether or not the proposed Act would be a valuable adjunct to the existing arbitration law in the area of commercial arbitration. But I am convinced that, if applied to labor arbitrations, …

Collective Bargaining, Labor Arbitration And The Lawyer, Nathan P. Feinsinger

Vanderbilt Law Review

The role of the lawyer in labor arbitration must be appraised in the light of his function in society generally and the unique demands of the institution of collective bargaining, of which arbitration has become an integral part.

The role of the lawyer generally is to assist in resolving conflicts among individual and group interests within a framework of rules developed by the common law or by legislation, as interpreted and applied by courts and administrative agencies. Operating within that framework, the lawyer advises his client whether and how he can accomplish his immediate objective. The professional skills which he …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

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Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

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Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

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Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

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Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

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Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional