Labor and Employment Law Commons^™

Agency-Liability Of Employer For Employee's Intentional Torts, L. W. Larson, Jr.

Michigan Law Review

Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was …

Fair Labor Standards Act--Contingent Fee Agreement--Allowance Of Reasonable Attorney's Fee Under Flsa Conditioned Upon Attorney's Surrender Of Contingent Fee Agreement, D. M. B.

West Virginia Law Review

No abstract provided.

Fair Labor Standards Act--Regular Rate Of Pay--Existence Thereof Where Sole Wages Consist Of Tips, R. L. T.

West Virginia Law Review

No abstract provided.

Negotiation, Mediation And Especially Arbitration In Labor Disputes, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.

Labor Law-Relationship Of Federal And State Authority Over Labor Relations, Ralph E. Hunt S.Ed.

Michigan Law Review

In three recent cases, the United States Supreme Court has been required to determine the impact of federal labor relations legislation on certain state enactments in this area. The importance of these decisions, concerning a problem which has caused difficulty since enactment of the National Labor Relations Act in 1935, is increased by their consideration of the significance of the amendments contained in the Labor-Management Relations Act of 1947.

(1.) The appellant La Crosse Co., which handled interstate telephone calls, had made a collective bargaining agreement with appellant A. F. of L. union, to continue from year to year. During …

Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed.

Michigan Law Review

Plaintiff was a wholesale ice distributor, selling ice to independent contractors. Defendants were members and officers of a union which represented many of the truck drivers employed by these peddlers. In carrying out a scheme to unionize all peddlers, defendants attempted to obtain plaintiff's agreement not to sell ice to non-union peddlers. Such an agreement would violate the state anti-trust law. On plaintiff's refusal, defendants peacefully picketed its plant. Plaintiff immediately suffered an 85% loss of business, and the state court granted it an injunction against the picketing. On appeal to the Supreme Court of the United States, held, …

Agency - Liability Of Employer For Willful Torts Of His Employee, Sidney Schwartz

William and Mary Review of Virginia Law

No abstract provided.

Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.

Michigan Law Review

The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.

Labor Committee Of The Twentieth Century Fund: Partners In Production, Michigan Law Review

Michigan Law Review

A Review of PARTNERS IN PRODUCTION. By the Labor Committee of the Twentieth Century Fund.

Overtime Pay Under The Fair Labor Standards Act, Paul H. Sanders

Vanderbilt Law Review

Any rate of pay exceeding the statutory minimum that the parties to an employment agreement decide upon is permissible as far as the Federal Fair Labor Standards Act 1 is concerned. In general, too, the mode of payment is uncontrolled by the statute. Does this freedom of contract include the power to make arrangements with respect to the agreed-upon compensation which will be legally effective in determining liability under the statute? This question indicates in broad scope the most persistent controversy centering around the term "regular rate of pay," which, although undefined in the Act, is the required basis for …

Strikes By Government Employees, William V. Sanford

Vanderbilt Law Review

It has been the purpose of this Note to examine the various principles and arguments involved in the development of a policy for court or legislative action with regard to strikes by government employees. It is suggested that the following principles should be controlling in the determination of that policy: (1) the general policies of the law towards striking private employees are applicable to striking government employees; (2) strikes by government employees are not all necessarily unlawful; (3) the legality of a strike by government employees depends upon its objects and upon the means used to attain them; (4) the …

Test Of Causation Between Employment And Injury

Indiana Law Journal

Recent Cases: Workers Compensation

Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed.

Michigan Law Review

Appellant, a local union of the American Federation of Labor, sought a declaratory judgment and equitable relief in the Nebraska courts as a result of appellee's refusal to discharge certain employees who had failed to maintain membership in the union. The employer relied on an anti-closed shop amendment to the Nebraska Constitution forbidding discrimination in employment on the basis of affiliation with a union and prohibiting contracts for this purpose. Appellant's assertions of invalidity of the amendment under the Federal Constitution were rejected by the state courts. Upon appeal to the United States Supreme Court, held affirmed, all justices concurring. …

Trends In The Administration Of The Taft-Hartley Act, Walter L. Brown

West Virginia Law Review

No abstract provided.

Computation Of "Overtime" Pay Under The Bay Ridge Case, C. H. H. Jr.

West Virginia Law Review

No abstract provided.

Labor Law-Validity Of State Anti-Closed Shop Legislation

Washington and Lee Law Review

No abstract provided.

The Taft-Hartley Act And The Balance Of Power In Labor Relations, Guy Farmer

West Virginia Law Review

No abstract provided.

Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.

Michigan Law Review

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …

Workmen's Compensation Acts-Denial Of Common Law Remedy For Associated Injuries Not Covered By Act, Colvin A. Peterson, Jr.

Michigan Law Review

While employed by defendant, plaintiff suffered severe bums and received compensation for a permanent partial disability under the applicable workmen's compensation act. He then brought an action for damages for disfigurement, not compensable under the act, on the theory that acceptance of statutory compensation did not deprive him of his common law remedy for injuries not within the scope of the act. Held, the statutory remedy is exclusive; plaintiff cannot recover for associated injuries outside the act. Morgan v. Ray L. Smith & Son, Inc., (D.C. Kan. 1948) 79 F. Supp. 971.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Assault and Battery--Injury Sustained in Prize Fig

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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction

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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional

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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants

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Criminal Procedure--Use of Jury Primer Prior to Trial

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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission

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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony

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Interstate Commerce--Sherman Act--Applicability to Organized Baseball

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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …

Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

The petitioning labor union made a contract with defendant employer, who was engaged solely in interstate commerce, providing that all employees were to be furnished by the union. If members could not be supplied, non-members might be hired but were required to join the union within two weeks from the date of employment. The defendant labor commissioner of the State of New Hampshire threatened to prosecute petitioner under a state statute, known as the Willey Act, which prohibited union security contracts except when ratified by two-thirds of the employees affected. Petitioner sought a declaratory judgment that the provisions of the …

Spero: Government As Employer, Michigan Law Review

Michigan Law Review

A Review of GOVERNMENT AS EMPLOYER. By Sterling Spero.

Nlrb As Protector Of Employees From Discharge For Making Suggestions To Management

Indiana Law Journal

Recent Cases: Labor Law

The Contract Clause Of Action Under The Taft-Hartley Act, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Enforcibility Of Arbitration Clauses In Collective Bargaining Agreements, Catherine E. Gillis

Kentucky Law Journal

No abstract provided.

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg

Michigan Law Review

The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …

Book Reviews, William N. Ethridge, Jr., M. G. Dakin (Reviewer), A. B. Neil (Reviewer), C. M. Updegraff (Reviewer)

Vanderbilt Law Review

Book Reviews

The Roosevelt Court: A Study in Judicial Politics and Values By C.Herman Pritchett New York: The Macmillan Company, 1948, Pp. 314,$5.00

Lions Under the Throne By Charles P. Curtis, Jr. Boston: Houghton, Mifflin Company, 1947. Pp. 361. $3.50

The Nine Young Men By Wesley McCune New York: Harper & Bros.,1947. Pp. 293. $3.50

reviewer: William N. Ethridge, Jr.

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A Declaration of Legal Faith By Wiley Rutledge Lawrence, Kansas:University of Kansas Press, 1947. Pp. 82. $2.00

reviewer: M. G. Dakin

The Papers of Walter Clark: 1857-1901, Vol. 1 Edited by Aubrey Lee Brooks and Hugh T. Leffler Chapel …

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.

Michigan Law Review

In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …

Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.

Michigan Law Review

Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …