Labor and Employment Law Commons^™

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 vio- lation of an overtime clause dealing with equal distribution. In each …

Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman

Michigan Law Review

A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.

Labor Law: Federal V. State Jurisdiction To Enjoin Unfair Labor Practices, George M. Gibson

Buffalo Law Review

United Automobile Workers, CIO v. W.E.R.B, 351 U. S. 266 (1956).

Labor Law - Collective Bargaining - Duty Of Employer To Substantiate Claim Of Inability To Pay, John Fildew

Michigan Law Review

A union had been recognized by an employer for three years. Pursuant to a reopening clause in the current contract the union asked for a IO-cent wage increase. The company maintained that it was paying above average wages and could not afford more than a 2½-cent hourly raise. When the union asked to be shown the company's books as proof of this claim of inability to pay, the company refused on the ground that the union had no legal right to such information. The National Labor Relations Board found that the company had failed to bargain in good faith with …

Lecht: Experience Under Railway Labor Legislation, Sylvester Petro

Michigan Law Review

A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.

Labor Law: Unfair Labor Practice Strikes During Taft-Hartley Act "Cooling-Off” Period, John Stenger

Buffalo Law Review

Mastro Plastics Corp. v. N.L.R.B., 350 U. S. 270 (1956).

Labor Law: Filing Requirements Of Taft-Hartley Act—Federal Pre-Emption, Donald N. Roberts

Buffalo Law Review

United Mine Workers v. Arkansas Oak Flooring Co, 351 U. S. 62 (1956).

Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.

Michigan Law Review

The employer and the union were covered by a contract which contained a no-strike clause. In spite of this agreement, buffers in the employer's plant walked off their jobs when a blower in the buffing room failed to carry away dust and cool the area properly. The trial examiner found that the walkout was a protected concerted activity and not a strike, and that the employer had therefore committed an unfair labor practice by refusing to permit the buffers to return to their jobs when the blower had been repaired. On exceptions taken to these findings, the NLRB reviewed and …

The Status Of The Collective Labor Agreement In France, Robert J. Nye

Michigan Law Review

This paper is intended to outline in historical perspective the statutory, judicial, administrative and social developments which have made the collective agreement an indispensable accessory to legislative and judicial regulation in France.

Right To Work, A Decade Of Development, William F. Swindler

Faculty Publications

No abstract provided.

Successful Handling Of Labor Grievances, John R. Williams

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

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

CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

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

CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

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

CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

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

EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

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

FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

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

INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

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

LABOR …

Municipal Corporations—Prevailing Wage, Weston Wardell Jr.

Buffalo Law Review

Driesbach v. City of New York, 1 N. Y. 2d 272, 135 N. E. 2d 32 (1956).

The National Labor Relations Board And Its Operations, Charles Sandberg, William Naimark

Buffalo Law Review

No abstract provided.

Miscellaneous—Master And Servant, John Stenger

Buffalo Law Review

Simon v. Ora Realty Corp, 1 N. Y. 2d 388, 135 N. E. 2d 580 (1956).

The Duty Of Fair Representation, Archibald Cox

Villanova Law Review (1956 - )

No abstract provided.

The Status Of The Collective Labor Agreement In France, 55 Mich. L. Rev. 655 (1957), Robert J. Nye

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Role Of Job Classification In Collective Bargaining, Gene E. Wilkins

Indiana Law Journal

No abstract provided.

Labor Law--Use Of The Injunction In Labor Disputes In Kentucky, James Park Jr.

Kentucky Law Journal

No abstract provided.

Organizational Picketing In American Law, Tim L. Bornstein

Kentucky Law Journal

No abstract provided.

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.

Michigan Law Review

Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).

Strikes, Picketing And The Law, Godfrey P. Schmidt

Villanova Law Review (1956 - )

No abstract provided.

Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Administrative Officers' Tort Liability, Kenneth Culp Davis

Michigan Law Review

Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …

Labor Law - Labor Management Relations Act - Unfair Labor Practice Strike Permitted During Sixty-Day "Cooling-Off" Period, Edward C. Hanpeter S.Ed.

Michigan Law Review

Petitioner clearly committed unfair labor practices and a strike in protest resulted. Thirty-one days prior to the strike the union had given petitioner notice, in accordance with section 8 (d) of the amended National Labor Relations Act, of its desire to 'modify the existing collective bargaining agreement. [Section 8 (d) makes it an unfair labor practice for a party to an existing contract to modify the contract without, inter alia, giving notice to the other party of the desire to modify 60 days before the expiration of the contract, and continuing in effect, without resorting to strike or lockout, all …

Corporations - Employee Stock Option Plans - Nature Of Consideration Required For Valid Plan, Richard E. Day

Michigan Law Review

Restricted stock option plans, approved by a majority of the stockholders, were adopted by the defendant corporation in 1951 and 1952 pursuant to, and in compliance with, section 218 of the Revenue Act of 1950, for the purpose of" ... providing an incentive to participating key executive employees in the form of an opportunity to acquire a greater proprietary interest in the corporation and thus stimulate their efforts in the corporate welfare .... " The options were effective and exercisable anytime from the date of issuance to the end of a five-year period, with provision for termination three months after …

Miscellaneous—Labor Law—Payment Of Wages, Robert Rosinski

Buffalo Law Review

People v. Vetri, 309 N.Y. 401, 131 N.E. 2d 568 (1955).

Labor Law And Workmen's Compensation -- 1956 Tennessee Survey, Paul H. Sanders, James G. Bowman, Jr.

Vanderbilt Law Review

Labor Law

Inducing Breach of Contract: Howard v. Haven' was the only case during the survey period which presented a legal problem relating to the activities of a labor organization. In this case an electrical contractor sought an injunction and damages because of the acts of a local labor union, its business agent, and other named defendants in preventing the plaintiff from carrying out a hospital construction contract. On the trial of the case the determinative issue became whether or not the defendants brought about a breach of the contract which the complainant claimed to have had with the general …