Labor and Employment Law Commons^™

Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory

Michigan Law Review

This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.

Labor Law--Arbitration--Management's Disciplinary Authority On Union's Breach Of A No-Strike Covenant, Jean Engstrom S.Ed.

Michigan Law Review

A demonstration protesting the proper discharge of two union officials resulted in the discharge of ninety-six participating employees. The following day the company commuted the penalty to a two-week suspension. The effective collective bargaining agreement provided that there should be no strikes or lockouts "for any reason" unless the grievance and arbitration procedure had been exhausted but it reserved the employer's right to discharge for breach of the agreement. The arbitration board awarded employees back pay for the time of suspension and seniority and other rights incident to employment for the entire period. Although the employee had violated the no-strike …

Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.

Michigan Law Review

Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …

Lieberman: Unions Before The Bar, Michigan Law Review

Michigan Law Review

A review of UNIONS BEFORE THE BAR. By Elias Lieberman.

Jurors: Impartiality Of Government Employees As Affected By The Loyalty Order

Indiana Law Journal

Recent Cases

Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.

Michigan Law Review

In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …

Can Administrative Handling Of Labor Problems Bring Industrial Peace?, E. Kontz Bennett

Mercer Law Review

The American bar has frequently criticized the everincreasing use of administrative agencies to handle legal problems. On the other hand, the bar itself has frequently been criticized by the lay public for its failure to expand legal machinery and legal concepts so as to meet a rapidly changing world. The bar, known for its ability to appraise honestly its own shortcomings, has often posed this question: "Would the administrative agencies be so frequently and consistently set up by law-making bodies if they did not supply a real need?"

Position Of Labor In Georgia, J. Carlton Ivey

Mercer Law Review

Georgia has no uniform system of laws pertaining to industrial relations. The statutes which have been passed are designed primarily to serve a threefold purpose-to guarantee to the individual employee the fullest freedom in exercising his right to work, to protect the rights of employers in any lawful business, and to maintain peace and order in industrial disputes. The state laws, as a whole, follow a public policy somewhat resembling the doctrine of laissez-faire, with the scales tipped definitely in favor of the employer. There are no state laws patterned after the National Labor Relations Act, the Federal Anti-Injunction Act …

Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps

Vanderbilt Law Review

There has been recent discussion of abandoning the literal meaning rule and most of the other rules of statutory construction. A broader principle is favored which will allow the full play of the rational processes of the court. This view has great appeal, and, in terms of freeing judges who apply rules as rules without regard to their object, serves a need. But if it means a sudden release of the judiciary from always starting with a statute as it reads--as it is written--as it has meaning for most of us--it is a harmful suggestion. Law is something more than …

The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox

Michigan Law Review

When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …

Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed.

Michigan Law Review

At the time of his induction into the Armed Forces, plaintiff was employed as a locomotive machinist at defendant's Loyall shop. This shop was transferred to Corbin during his absence, and, upon discharge from military service, plaintiff was reemployed there with seniority from July 17, 1946, the date of his return. In April, 1947, plaintiff filed his complaint under section 8, Selective Training and Service Act, alleging that had he not been in the Armed Forces he would have been transferred to the Corbin shop with seniority from July 1, 1945. The collective bargaining agent of the machinist employees of …

Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos

Journal of Legal Education

No abstract provided.

Labor Law-Scope Of Statutory Prohibition Against Expenditure By Labor Unions In Connection With Federal Elections [United States V. Painters Local Union No. 481, C. A. 2d, 1949].

Washington and Lee Law Review

No abstract provided.

Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.

Michigan Law Review

Plaintiff brought a derivative suit against the defendant, a Delaware corporation, in a United States district court in New Jersey. While the suit was in process, New Jersey passed a statute permitting a corporation in whose name a suit was brought to demand security for reasonable expenses including attorney fees. The plaintiff stockholder was to be liable for such expenses if the suit was unsuccessful. The statute was not to apply when the complainant's holding represented 5% of the par or stated value of the corporation's outstanding stock or had a value of $50,000. Since the act applied to suits …

Unemployment Compensation In Labor Disputes, Stimson Bullitt

Washington Law Review

This article will discuss the labor dispute section of the Washington State Unemployment Compensation Act1 and especially the advantages of an insurance coverage test as the most satisfactory approach by which this section may be applied.

Basic Coverage Of The Amended Federal Wage And Hour Law, Paul H. Sanders

Vanderbilt Law Review

The Fair Labor Standards Amendments of 1949 became effective on January 25, 1950, as a major revision of the Federal Fair Labor Standards Act of 1938. New "white-collar" regulations of the Wage-Hour Administrator, governing the exemption from this statute of executive, administrative and professional employees, likewise became operative on the same date. Together, these changes bring about a most substantial alteration in pre-existing federal controls over minimum wages, overtime pay requirements and child labor.

Silverberg: How To Take A Case Before The National Labor Relations Board, Michigan Law Review

Michigan Law Review

A Review of HOW TO TAKE A CASE BEFORE THE NATIONAL LABOR RELATIONS BOARD By Louis G. Silverberg.

What Is The I.L.D.?, Kaarte-Edlund Branch

Ina and Noel Harris Collection

Article explaining the origin, recent history and current goals of the International Labor Defense. Details their local history in Northern California and their aid to striking lumber workers amongst other efforts.

Issued by: KAARTE-EDLUND BRANCH, International Labor Defense

Box 988, Eureka, Calif

Constitutionality Of Non-Communist Affidavit Provision Of The Taft-Hartley Act - A Partial Stalemate - American Communications Association, Et Al. V. Douds

Maryland Law Review

No abstract provided.

Scope Of Employment Extended To Sponsored Recreation

Indiana Law Journal

Recent Cases: Agency

Compensated Employee's Right To Sue Physician For Aggravation

Indiana Law Journal

Recent Cases: Worker's Compensation

Delegation Of Power To Fix Prevailing Wages With Collective Bargaining Agreement As The Standard, Dempsey A. Cox

Kentucky Law Journal

No abstract provided.

The Constitutionality Of Compulsory Arbitration, Bernard Schwartz

Kentucky Law Journal

No abstract provided.

Liability Of Employers For Misrepresentations Made By Independent Contractors, Merton Ferson

Vanderbilt Law Review

There are two ways of getting a job done. The person who wants it done can do it himself by his own efforts, management and hired help; or he can bargain with someone else for the desired result. When he hires per- sonal services and retains the management of the enterprise he is called a "master," the person hired is called a "servant," and the master is liable for what the servant does in the master's behalf. But when one bargains for a given result he does not then become a master, the person bargained with is called an independent …

Master And Servant--Recovery For Silicosis Under Boiler Inspection Act And Federal Employers' Liability Act, W. M. T.

West Virginia Law Review

No abstract provided.

Trade Regulation--Monopolies--Status Of Requirements Contracts Under The Clayton Act, T. W. C.

West Virginia Law Review

No abstract provided.

Unemployment Compensation--Leaving Employment Voluntarily Without Cause--"Involving Fault On The Part Of The Employer", J. R. H.

West Virginia Law Review

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

BOOK NOTES

The Law of Trusts

By Ralph A. Newman

Brooklyn: The Foundation Press, Inc., 1949. Pp. xi, 452. $4.50

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Estate Planning

By Joseph Trachtman

New York: Practicing Law Institute. 1949 Edition. Paper bound. Pp. i, 170. $2.00

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BOOKS RECEIVED

The Case of General Yamashita

By A. Frank Reel

Chicago: University of Chicago Press, 1949. Pp. v, 324. $4.00

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Cases and Materials on Commercial Law

By Hugh W. Babb and Carl B. Everberg

Brooklyn: The Foundation Press, Inc., 1949. Pp. iii, 963. $6.00

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Cases and Materials on Law and Accounting

By Donald Schapiro and Ralph Wienshienk …

Liability Of Employers For Misrepresentations Made By "Independent Contractors", Merton Person

Vanderbilt Law Review

There are two ways of getting a job done. The person who wants it done can do it himself by his own efforts, management and hired help; or he can bargain with someone else for the desired result. When he hires personal services and retains the management of the enterprise he is called a "master," the person hired is called a "servant," and the master is liable for what the servant does in the master's behalf. But when one bargains for a given result he does not then become a master, the person bargained with is called an independent contractor, …

Contracts-Duration Of Indefinite Employment Contracts That Specify Period Of Pay, Paul E. Anderson S.Ed.

Michigan Law Review

Normally a contract which does not express a time for performance is treated as enforceable. The courts interpret it to require that performance be completed within a reasonable time, basing their conclusion on a presumption of the intention of the parties. However, in the area of employment contracts, an exception to the reasonable time rule has developed. An indefinite contract for services is generally held to be terminable at will. The questions that come to mind are two: What is" the basis for the unique treatment of employment contracts? What are the manifestations of intent that will defeat application of …