Labor and Employment Law Commons^™

Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act

Indiana Law Journal

No abstract provided.

Labor Disputes And Their Settlement, By Kurt Braun, Edwin E. Witte

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

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Evidence--Judicial Admissions--Testimony as to Objective Facts

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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

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Torts--Landowner--Duty to Social Guest

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Wills--Pretermitted Heir Statue--Sole …

Labor Law - Lmra - Discrimination Discharge - Effect Of Legal Ground For Discharge Where Possible Dual Motivation Exists, Joy Tannian S.Ed.

Michigan Law Review

Respondent discharged an employee under the terms of a union contract which provided that employees could be discharged for failure to carry out the employer's orders. It was undisputed that the employee had failed to submit required reports on at least two occasions. A complaint alleging the commission of an unfair labor practice was filed. The National Labor Relations Board found that the employee had been discharged as a :reprisal for his union activities in violation of section 8 (a)(1) of the amended National Labor Relations Act. The Board ordered reinstatement under section 10 (c) of the act. In an …

Labor Law - Lmra - Deduction Of Workmen's Compensation From Employer's Back Pay Liability, John A. Beach

Michigan Law Review

The National Labor Relations Board found that the Moss Planing Mill Company had committed an unfair labor practice in discharging an employee for his union activities. The company's secretary-treasurer also had battered the employee, inflicting injury, at the time of the discharge. Pursuant to section 10 (c) of the amended National Labor Relations Act, the Board ordered the company to reinstate the employee and make him whole for back pay lost due to the unfair discharge. The order was enforced by the court of appeals. In a supplemental order specifying the amount of back pay to be awarded, the Board …

Secondary Boycotts And The Ally Doctrine, Raymond S. Ettlinger

Buffalo Law Review

No abstract provided.

Workmen's Compensation--Meaning And Effect Of Casual Employer Proviso, C. S. M.

West Virginia Law Review

No abstract provided.

Technological Change: Management Prerogative Vs. Job Security

Indiana Law Journal

No abstract provided.

Supplemental Unemployment Benefits: Problems Of The Ford Plan

Indiana Law Journal

No abstract provided.

Labor Law: Constitutionality Of Section 301 (A) Of Taft-Hartley Act, John G. Putnam Jr.

Buffalo Law Review

Ass'n of Westinghouse S. Emp. v. Westinghouse E. Corp, 348 U. S. 437 (1955).

Labor Law - Collective Bargaining - Unprotected Activities Of Union As Violation Of Duty To Bargain In Good Faith, Hazen V. Hatch S.Ed.

Michigan Law Review

During negotiations for a new contract, the union engaged in harassing action against the employer by promoting an organized refusal to work overtime, extending rest periods without authorization, directing employees to refuse to work special hours, encouraging slow-downs and unannounced walkouts, and inducing employees of a subcontractor not to work for their employer. There was no specific demand which the activity was designed to enforce. The National Labor Relations Board found that this activity was evidence of a failure on the part of the union to bargain in good faith, and was, therefore, a violation of section 8 (b) (3) …

Labor Law - Lmra - Validity Under Federal Act Of State Right To Work Statute Interpreted To Bar Exclusive Bargaining Rights Clause, Edward W. Powers S.Ed.

Michigan Law Review

Plaintiff employer, operator of a retail food store, refused to sign a contract with a union representing the only two butchers then employed by him on the ground that acceptance of a clause in the contract making the union the exclusive bargaining representative of all butchers in his establishment would violate the state right to work statute. The two butchers went on strike and began picketing the employer's establishment. The employer thereupon hired a non-union butcher and sought to have the picketing enjoined. The state district court denied the injunction. On certiorari to the state supreme court, held, reversed, …

Labor Law - Collective Bargaining - Duty Of Employer To Allow Union Time Study, Paul A. Heinen S.Ed.

Michigan Law Review

A dispute arose between the employer and the union as to whether certain duties performed by an employee should be classified as "special assignments" as defined in the labor contract. If these duties were "special assignments" the employee was entitled to a higher job classification. Before arrangements could be made for the third step of the grievance procedure the union asked for permission to enter the plant and analyze the job. Permission was denied by the management and the union filed a charge of unlawful refusal to bargain. The trial examiner found that by refusing the union's request the employer …

Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed.

Michigan Law Review

The National Labor Relations Board issued a back pay order in favor of the victim of a discriminatory discharge, computing the award on the basis of the earnings of the dischargee's replacement during the period of discrimination less the amount actually earned by the dischargee in other employment during the same period. The dischargee had registered with the state unemployment agency but had earned only $294.20 over a two-year period. On petition for enforcement of the order, held, order set aside and case remanded. Where a dischargee earns only a small amount of money over a long period of …

An Employer's Unilateral Action -- An Unfair Labor Practice?, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

During the Industrial Revolution, the growth of enormous industrial establishments with a correspondingly large number of workers hired to perform increasingly simple tasks manifested the inability of an individual effectively to bargain with an employer concerning wages, hours, and other terms and conditions of the employment relationship. The resulting discontent among workers produced long and bitter, often bloody, outbreaks of economic warfare between employers and employees. In the abstract, freedom of contract was possible still, but as a practical matter employment benefits and obligations were largely established by managerial fiat. It was felt that if employees could effectively unite for …

Public Employees And The Hatch Act, James W. Irwin

Vanderbilt Law Review

A recent issue of Vanderbilt Law Review featured an article by Dalmas H. Nelson, Instructor in Political Science, University of Nebraska, entitled "Public Employees and the Right to Engage in Political Activity,"' a broadside blast at the Hatch Political Activities Act, section 92 and section 12.3 It is strikingly well written, and reflects exhaustive research as evidenced by voluminous bibliography and quotations. Noteworthy is the citation of many authorities whose views differ from the author's. Notwithstanding admiration for those virtues, it is admitted that the views of the author of the article call to mind a sentiment expressed by the …

Addendum: Taft-Hartley And State Power To Regulate Labor Relations, Donald H. Wollett

Washington Law Review

The article on this subject which appeared in the February, 1955 issue of the Washington Law Review' made reference to three cases which were then pending before the Supreme Court of the United States. Since that time the Court has handed down these decisions. Ordinarily this would not justify additional comment, for one of the risks in writing any article in such a dynamic field is that what appears to be current today may be rendered obsolete or incomplete tomorrow. However, since the subject matter is of continuing and developing importance to all lawyers interested in labor law, and since …

Incidents Of The Government-Servant Relationship, Ivor L.M. Richardson

Michigan Law Review

The procedures developed in the past five years to meet the threat of communist infiltration into public employment have focused attention on the position of persons working for the federal government. However, the loyalty program and the general problem of dismissal are not the only aspects of federal employment which raise important issues. Other aspects of the government-servant relationship may be of even greater importance to the civil servant in practice. For instance, what are his legal rights to his salary or to his pension if the government refuses to pay? Can he secure redress if he is suspended from …

Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.

Michigan Law Review

Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …

Labor Law - Lmra - Strike Without Compliance With Arbitration Clause Of Collective Agreement As Unprotected Concerted Activity, Hazen V. Hatch S.Ed.

Michigan Law Review

A dispute arose over the working hours and assignment of one of the employer's truck drivers. The employer suggested to the union that they refer the question to an arbitration panel for adjudication. The collective bargaining agreement provided that the panel was to be the exclusive means of settling all such matters, but the agreement did not contain a specific no-strike clause. The union refused to arbitrate and ordered a strike. Subsequently, the employer discharged twenty of the strikers and then refused to reinstate them at the termination of the strike. The union claimed that the strike was a protected …

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."

Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.

Michigan Law Review

Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …

Labor - Secondary Boycott - Common Situs Picketing, James P. Garland

Villanova Law Review (1956 - )

No abstract provided.

Miscellaneous—Peaceful Picketing, John P. Macarthur

Buffalo Law Review

Wood v. O'Grady, 307 N. Y. 532, 122 N. E. 2d 386 (1954).

State Labor Board Prevention Of Violent Union Conduct, Even Though An Unfair Labor Practice Under Nlra - United Automobile, Aircraft And Agricultural Implement Workers Of America V. Wisconsin Employment Relations Board And Kohler Co., Richard R. Sigmon

Maryland Law Review

No abstract provided.

Labor Law - Lmra - Status Of Union Official As An "Employee Representative" For Purposes Of Prosecution Under Section 302, George E. Ewing

Michigan Law Review

The appellant was president of the International Longshoreman's Association, the recognized bargaining agent for longshore labor in the Port of New York. An officer of several of the employer members of the New York Shipping Association paid the appellant $5500 in six yearly "Christmas presents." The appellant was convicted of violating section 302 of the Labor-Management Relations Act, which makes it a misdemeanor for "any representative of any employees" to receive or agree to receive money from his employer, subject to certain exceptions. On appeal, held, reversed. The word "representative" is a term of art used throughout the act …

Validity Of Minimum Wage Determinations And A Consideration Of The Need For The Walsh-Healy Act

Indiana Law Journal

No abstract provided.

The Development Of Labor Management Legislation In Kentucky: Part I, John L. Johnson

Kentucky Law Journal

No abstract provided.

Industrial Noise Causing Acoustic Trauma, Heinz Gasser

Cleveland State Law Review

Is acoustic trauma an accident, and do the Workmen's Compensation Statutes thus save the employer from being sued in Common Law? Or is it considered an occupational disease, and thus not within the Acts?

Contracts - Restraint On Employee's Rights To Enter Competing Business - Partial Enforcement Of Restraint Indivisible By Its Own Terms, William R. Jentes S.Ed.

Michigan Law Review

A provision in defendant's employment contract stated that if he ceased to be employed by plaintiff for any reason, he would not "for a period of ten years thereafter" enter into a competing business. The trial court denied plaintiff's request for injunctive relief against defendant's violation of this restriction. On appeal, held, reversed, one justice dissenting. An employer can obtain partial enforcement for a reasonable time of an employee's agreement not to enter into a competing business, even though the restraint as agreed upon by the parties is unreasonable and is not made divisible by its own terms. Fullerton …