Labor and Employment Law Commons^™

Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young

Michigan Law Review

Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …

Labor Relations--Union-Employer Contract--Employee's Rights, J. L. A.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Labor Law-State Regulation Of Recognition And Organizational Picketing, Richard D. Rohr S.Ed.

Michigan Law Review

Just as the fixed circumference of spheres of influence tends to reduce clash and friction in world affairs, so peaceful industrial relations are fostered by definite legal rules of conduct. Recent litigation, both by its amount and variety of result, testifies to a continued uncertainty as to the permissible scope of peaceful, primary picketing. The major problems may be subsumed under the loose category of "stranger picketing," but a distinction of some legal significance has developed within this category between picketing by the non-representative union for recognition by the employer and picketing for organizational purposes, that is, to win the …

Labor Law-Labor-Management Relations Act-Anti-Featherbedding Provision, Walter H. Weiner S.Ed.

Michigan Law Review

The typographers union insisted that newspaper publishers, upon using advertising mats as molds for metal castings from which to print advertisements, pay typesetters, at regular rates, for setting up duplicate forms for such advertisements in the same manner as though mats were not used, which duplicate forms are ordinarily melted down without having been used. The musicians union insisted that a theater employ a local orchestra, as a condition of the union's consent to the local appearance of traveling bands, to play overtures, intermissions and chasers. The publishers association and the theater challenged these demands as attempts to exact payments …

Labor Law - Interpretation Of The Anti-Featherbedding Provision Of Taft-Hartley Act, Edward Christian Loughead

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.

Michigan Law Review

A statute of Oklahoma required public employees to take an oath that, among other things, they were not, for five years previous had not been, and would not become, affiliated with an organization which advocated the overthrow of the Government of the United States or of the State of Oklahoma by force or violence or other unlawful means or which had been determined by the United States Attorney General to be a Communist front or subversive organization. A citizen and taxpayer sought to enjoin payment of salaries to teachers at Oklahoma A. & M. College who had not taken the …

Corporations--Officers And Agents-Authority Of Manager To Enter Into A Lifetime Employment Contract, Peter Van Domelen S.Ed.

Michigan Law Review

In 1924, the plaintiff, while working as an employee of the defendant corporation, suffered an injury which resulted in the loss of his leg. During his period of convalescence the plaintiff was visited by the district superintendent of the defendant corporation and was assured that the corporation would pay for his medical expenses and furnish him with a lifetime job in exchange for his promise to forbear from suit. Upon recovery, the plaintiff returned to work and served the defendant in various capacities until 1949, at which time he was discharged without cause. The plaintiff brought an action to recover …

Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.

Michigan Law Review

Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.

Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.

Michigan Law Review

One month after the employer and the union entered into a two-year contract containing a union-shop provision, a group of employees filed a petition under section 9(e)(1) of the NLRA as amended in 1951 seeking an election to rescind the union's authority to make a union-shop agreement. The union argued (1) that the contract was a bar to the election and (2) that even if an immediate election was ordered and an affirmative deauthorization vote cast, the existing union-shop clause should be held effective during the remainder of the contract term. The Board ruled, 3/2, that section 9(e)(1) as …

Labor Law—Back Pay Computed According To Woolworth Formula Approved By Supreme Court, J. Edmund De Castro Jr.

Buffalo Law Review

N. L. R. B. v. Seven-Up Bottling Co., 73 S. Ct. 287 (1953).

The Case For Uniform Union-Security Regulation

Indiana Law Journal

No abstract provided.

Workmen's Compensation-Liability Of Employer To Third Partysustaining Loss Through Injury To Employee Receiving Compensation.[New Jersey]

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation-Injury Inflicted On Employee By Assault Of Fellow Worker As "Arising Out Of The Employment."[Mississippi]

Washington and Lee Law Review

No abstract provided.

Labor Law-Application Of Unlawful Purpose Doctrine To Sustain Injunction Against Picketing In Support Of Breach Of Employment Contract. [Arkansas]

Washington and Lee Law Review

No abstract provided.

Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)

Vanderbilt Law Review

Military Justice under the Uniform Code

By James Snedeker

Boston: Little, Brown and Company, 1953. $15.00.

reviewer: Reginald C. Harmon

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Conscription of Conscience

By Mulford Q. Sibley and Philip E. Jacob

Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.

reviewer: A. B. Butts

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Theft, Law and Society

By Jerome Hall

Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.

reviewer: Rollin M. Perkins

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Freedom of the Press in England 1476-1776

By Fredrick S. Siebert

Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.

reviewer: Stanley D. Rose

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Wage-Hour Law: Coverage

By Heiman …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Constitutionality of Group Libel Statute

Federal Employers Liability Act--Liability for Employment of Man with Violent Tendencies

Federal Jurisdiction--Diversity Jurisdiction and the Multi-State Corporation

Federal Jurisdiction--Erie Railroad Doctrine Extended to State-Created Rights Arising under Special Federal Question Jurisdiction

Labor Law--Picketing--Injunction against Breach of Bargaining Agreement

Landlord and Tenant--Exculpatory Agreement--Effect on Right of Subrogation of Landlord's Insurer

Military Law--Failure to Instruct as Prejudicial Error

Military Law--Infiltration of Command Influence as General Prejudice

Trusts--Distribution of Stock Dividends between Life Tenant and Remainderman

Labor—Picketing—When Enjoinable, Robert S. Mucklestone

Washington Law Review

At a previous trial P was granted an injunction against picketing by D union after it was found that a labor dispute existed but that one of the objectives of the union was unlawful. The decree was affirmed in Ostroff v. Laundry & Dye Works Local 566, 37 Wn. 2d 595, 225 P. 2d 419 (1950). The basis for the finding of a labor dispute was in the existence of an employer-employee relationship between P and one member of D union. The illegal objective was that P sign a contract with D that he employ only union members in his …

Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.

Michigan Law Review

A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …

Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.

Michigan Law Review

Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …

New Light Of Picketing--The Blue Boar Case, Dianne Mckaig Walden

Kentucky Law Journal

No abstract provided.

Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed

Michigan Law Review

One of the employer's traditional weapons against the economic power of unions is the lockout. Since the central economic element involved in strikebreaking is that the operation of the plant and equipment is as important to labor as labor is to the operation of the plant and equipment, the lockout is one of the simplest methods of strikebreaking or of resisting union demands. This is so because in the endurance contest which ensues the economic resources of the employer are likely to be greater than those of the employee. Just as there are restrictions on union use of the strike, …

Regulation Of The Movement Of Workers: Forced Labor In The United States, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

The Taft-Hartley Act--Punishment Or Progress, James R. Richardson

Kentucky Law Journal

No abstract provided.

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Protection against prosecution under the anti-trust acts is extended to a union whenever (1) the union acts in protection of its own interests; (2) acts without combination with employers; (3) does not authorize the illegal acts of its agents officially and (4) is engaged in a labor dispute as defined by the Norris-LaGuardia Act. Whenever these circumstances exist the union is secure against a finding that it is in violation of the anti-trust acts.

Labor Law—Defensive Lockout As Unfair Labor Practice, Marion James Tizzano

Buffalo Law Review

Davis Furniture Co. v. N. L. R. B., 94 N. L. R. B. 279 (1951).

Arbitration—Award Of Conditional Penalty By Arbitration Board Held Unenforceable, Myron Siegel

Buffalo Law Review

Matter of Publishers' Assn. (Newspaper Union), 280 App. Div. 500, 114 N. Y. S. 2d 401 (1st Dep't 1952).

Judicial Review Of Labor Arbitration Or Alice Through The Looking Glass, Clyde W. Summers

Buffalo Law Review

No abstract provided.

Labor Law-Labor-Management Relations Act-Relationship Of Remedies Under Title I And Title Iii, Wendell B. Will S.Ed.

Michigan Law Review

Petitioner, a local of the International Longshoremen's and Warehousemen's Union, established a picket line at respondent's lumber mill and notified other locals to refuse to unload respondent's products. Petitioner sought to force respondent to assign certain jobs to its men. Respondent's policy had been to use its own employees for the disputed work. As a result of petitioner's action respondent was forced to suspend its operations. Respondent filed an unfair labor practice charge with the NLRB alleging union violation of section 8(b)(4)(D) of the LMRA. After some time the NLRB determined that petitioner's men were not entitled to the disputed …

Labor Law-Arbitration-Applicability Of The United States Arbitration Act To Collective Bargaining Agreements, Morris G. Shanker S. Ed.

Michigan Law Review

Plaintiff brought an action in the federal district court for Pennsylvania against the defendant labor union for damages caused by a strike, allegedly in violation of a written collective bargaining agreement between them. This contract also provided, inter alia, for submission to arbitration of all differences arising between the parties under the contract. However, no arbitration had been had prior to this suit. Defendant moved to stay all proceedings pending arbitration, allegedly as authorized by section 3 of the United States .Arbitration .Act providing for such stays in " . . . any suit or proceeding . . . brought …