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Articles 10741 - 10770 of 11169
Full-Text Articles in Labor and Employment Law
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Civil Servants And The Right To Engage In Political Activity
Civil Servants And The Right To Engage In Political Activity
Indiana Law Journal
Notes and Comments: Constitutional Law
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
Michigan Law Review
An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …
The Fair Labor Standards Act, Leon H. Wallace
The Fair Labor Standards Act, Leon H. Wallace
Indiana Law Journal
No abstract provided.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Labor Law-Kickback Act-Application To Union Officials, James R. Bliss
Michigan Law Review
Defendants were officials of Local 39 of International Hod Carriers Building and Common Labor Union of America, which procured a closed shop agreement with certain contractors on a federal building project. Defendants were indicted for violation of the federal Kickback Act, the indictment charging that defendants had (1) collected five dollars weekly from nonunion employees on the project by threatening them with dismissal, (2) given receipts for payments collected and accepted employees as union members on presentation of receipts totalling the union initiation fee, (3) but had not kept a record of collection nor accounted to Local 39, as required …
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman
Michigan Law Review
The National Labor Relations Act has recently celebrated its tenth anniversary. A decade is a short time in the life of a statute and the process of interpretation of an act which marked a new approach to labor relations problems is far from ended . In fashioning the mosaic of statute and decision which constitutes the basic law for our varied industrial communities, the National Labor Relations Board has had to deal with difficult and diverse problems. Not the least important of these questions comprise those involving the duration of the validity of its certifications.
Workmen's Compensation-Basis Of Compensation Where Previous And Subsequent Permanent Partial Injuries Result In Permanent Total Disability. [Virginia] During The Comparatively Short Life Of
Washington and Lee Law Review
No abstract provided.
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith
Michigan Law Review
It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Unemployment Compensation Act-Test Of Employment Relationship, John S. Dobson S.Ed.
Michigan Law Review
Claimant was employed as a salesman by a copartnership at a regular salary. The partnership was composed of three men, one of whom, R. L. Keppen, managed the business, for which he was paid a salary of $175 per month, independently of his share of the profits of the partnership. The other partners received no salary, being dependent upon partnership dividends for their return upon the investment. If Keppen could be considered an employee of the firm during the time· of the claimant's employment, then there would have been compliance with the Michigan Unemployment Compensation Act, which required that a …
Labor Law, Leon H. Wallace
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan
Michigan Law Review
The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston
Michigan Law Review
Two recent decisions interpret the overtime provisions of the Fair Labor Standards Act: (1) Previous to the enactment of the act, defendant company paid employees at an hourly rate for an eight hour day, seven day week. In order to comply with section 7a requiring payment of time and a half the "regular rate" of pay for hours in excess of the weekly maximum set by the act, defendant contracted to pay employees for six straight time and two overtime hours each day but at a new, lower rate such that payment at the new rate for six straight time …
Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed.
Labor Unions-Suability Of Unincorporated Labor Union In Its Common Name, Joseph R. Brookshire S.Ed.
Michigan Law Review
Plaintiff brought suit in a district court of the United States against the defendant union in its common name, and officers of the union for an alleged libel. The union was not incorporated, no substantive right protected by federal law was involved, and the state wherein the suit was brought, Illinois, did not have a statute permitting actions at law against an unincorporated association in its own name. The district court dismissed the action against the union on the ground that it was not a legal entity; the plaintiff appealed. Held, under the common law of Illinois, an unincorporated …
Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed.
Municipal Corporations-Collective Bargaining Contracts-Implied Power To Bargain With A Labor Union, Joseph R. Brookshire S.Ed.
Michigan Law Review
Under the Ohio Constitution the City of Cleveland had the power to own and operate a street railway system. The city charter authorized the Transit Board to supervise, manage and control the transit system. The authorization included the power to establish wages and working conditions in accordance with the provisions of the charter. An action for a declaratory judgment was brought in order to determine whether the board had the power to contract with a union as the exclusive bargaining agent of the transit system employees, or the power to contract with a union for arbitration of disputes, and finally, …
Labor Unions-Application Of Sherman Act Where Refusal Of Union To Admit Employees To Membership Tends To Diminish Employer's Inter-State Business, John S. Dobson
Michigan Law Review
Action by petitioning employer against officers and members of defendant union to recover treble damages under the Sherman Anti-Trust Act and to obtain injunctive relief. Petitioner was a trucking concern carrying freight under a contract with the A&P Company. Defendant union called a strike of all the truckers of the A&P Company in Philadelphia for the purpose of enforcing a closed shop. Violence occurred during the strike, with a union man being killed. A member of the petitioner partnership was tried for the homicide and acquitted. The A&P Company and the union eventually entered into a closed shop agreement, and …
Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson
Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson
Michigan Law Review
The defendants appealed from an order of the lower court awarding a preliminary injunction which restrained the defendants from discharging or causing the discharge of the plaintiff and other Negro employees because they were not members of a labor union with which their employer has a closed shop agreement, but which will not grant Negroes full membership privileges. The defendants were: the plaintiff's employer; the International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America which is a labor union; and certain officials of the aforementioned union. There was a written contract between the employer and the International Brotherhood containing …
Kickback Act Held Not To Apply To Labor Union Officials, Thomas F. Broden
Kickback Act Held Not To Apply To Labor Union Officials, Thomas F. Broden
Journal Articles
United States v. Carbone et al. raises an important question as to the meaning and scope of Sec. 1 of the Act of June 13, 1934, commonly known as the Kickback Act, making it unlawful to prevent any person employed in government construction and repair from receiving the full compensation to which he is entitled.
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
Michigan Law Review
The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Jurisdictional Disputes, Donald R. Colvin
Jurisdictional Disputes, Donald R. Colvin
Washington Law Review
To understand better the tremendous scope of this labyrinthical situation, the following hypothetical, but not usual case is posed: The employees of A are members of B union. They are satisfied with their hours, working conditions, and wages and there is no allegation of any unfair labor practices upon the part of A. C, a rival union, enters the field, contending that the employees should affiliate with it, and, in order to prosecute its point, either pickets A or instigates a boycott. If A's employees were to accede to C's demands, it is highly probable that B would take resort …
Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson
Labor Law-Elimination Of Businessmen-Workers As A Legitimate Union Objective, John Dobson
Michigan Law Review
For some seven or eight years before the commencement of their suit for injunction, plaintiffs had been jointly engaged in the business of distributing milk and milk products to retail dealers in a certain area. They performed all of their own labor, purchasing from wholesalers and making delivery to retail customers in their own trucks which they owned and individually operated. The defendants were the Milk Drivers and Dairy Employees Union, Local No. 93, and Paul Jones, its secretary-treasurer. Defendant union had entered into union shop contracts with about 95 per cent of the milk wholesalers in the area, whose …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Aspects Of Wage Stabilization By The National War Labor Board, David Haber
Aspects Of Wage Stabilization By The National War Labor Board, David Haber
Michigan Law Review
Most economists assume that behind an unrestricted war economy lurk the dangers of inflation. Although national income increases, so much of the country's productive effort is devoted to the manufacture of war goods that the number of articles available for civilian consumption necessarily diminishes. This gap between the available supply and the existing purchasing power has the effect of raising prices. Rising wages aggravate this situation because they increase production costs which are then passed on to the consumer in the form of higher prices, and because, by further increasing the purchasing power of the population, they increase the gap …
Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers
Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers
Michigan Law Review
Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Michigan Law Review
The writer published an article dealing with the coverage of the Fair Labor Standards Act in the June, 1943 issue of the Michigan Law Review. It is the purpose of this paper to consider the most important decisions since the preparation of that article (March, 1943) and to examine the applicability of the act to certain activities not there discussed.
Abstracts, Katharine Loomis
Abstracts, Katharine Loomis
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.