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Articles 10831 - 10860 of 11169

Full-Text Articles in Labor and Employment Law

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell May 1942

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell

Michigan Law Review

God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …

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Labor Policy And National Defense, By Z. Clark Dickenson Apr 1942

Labor Policy And National Defense, By Z. Clark Dickenson

Indiana Law Journal

No abstract provided.

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Re-Employment Apr 1942

Re-Employment

Indiana Law Journal

Legal Aspects of the Selective Service Act

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Company Unions Under The National Labor Relations Act, Burton Crager Apr 1942

Company Unions Under The National Labor Relations Act, Burton Crager

Michigan Law Review

Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …

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Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge Apr 1942

Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge

Michigan Law Review

The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …

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Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff Apr 1942

Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff

Michigan Law Review

Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …

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Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E. Feb 1942

Labor Law--Computation Of Working Time Under Maximum Hour Law, E. I. E.

West Virginia Law Review

No abstract provided.

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"Labor Dispute" And Unemployment Compensation Feb 1942

"Labor Dispute" And Unemployment Compensation

Indiana Law Journal

Notes and Comments: Labor Law

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Handbook Of Federal Labor Legislation, By Elsie Gluck Feb 1942

Handbook Of Federal Labor Legislation, By Elsie Gluck

Indiana Law Journal

Government Publications Review

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The Law Behind Union Agreements, By David Ziskind Feb 1942

The Law Behind Union Agreements, By David Ziskind

Indiana Law Journal

Government Publications Review

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Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review

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Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review Feb 1942

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review

Michigan Law Review

A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …

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Respondeat Superior - The Effect Of Deviation On The "Scope Of Employment" - A. S. Abell Co. V. Sopher Jan 1942

Respondeat Superior - The Effect Of Deviation On The "Scope Of Employment" - A. S. Abell Co. V. Sopher

Maryland Law Review

No abstract provided.

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Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews Jan 1942

Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews

Michigan Law Review

Plaintiff voluntarily quit working for defendant November 7, 1939, to take another job which he reasonably expected to be permanent, but which ended in seven weeks because of a slack in business. He applied for benefits accrued under the Iowa Unemployment Compensation Act during his employment with defendant, to which he was entitled unless disqualified by reason of his voluntary quitting. Defendant employer opposed the claim to prevent charging of benefit payments against his fund. The experience rating features of the Iowa act provide that the smaller the depletion in an employer's fund, the lower his future compensation tax. Held …

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Payment Of Social Security Tax As Evidence Of Master-Servant Relationship, Charles V. Shipley Jan 1942

Payment Of Social Security Tax As Evidence Of Master-Servant Relationship, Charles V. Shipley

Kentucky Law Journal

No abstract provided.

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Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review Jan 1942

Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review

Michigan Law Review

The complainant, a milling and textile company employing about 2,000 men, brought this action to enjoin certain wage assignments made by 1,100 of its employees. The assignments, voluntarily made to the respondent union (certified by the National Labor Relations Board), directed the company to deduct from each laborer's pay at the end of every month the amount of his union dues. The complainant had previously refused to sign a contract with the union which embodied a "check-off" provision. Held, the mass assignment being prejudicial to the rights of the complainant, the injunction should be granted. Pacific Mills v. Textile …

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Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills Jan 1942

Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills

Michigan Law Review

While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …

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The Law Of Garnishment In West Virginia, Leo Carlin Dec 1941

The Law Of Garnishment In West Virginia, Leo Carlin

West Virginia Law Review

Largely due to a haphazard process of statutory evolution, the specific steps in the development of which lack coordination, the law of attachment and garnishment in this state-particularly the law of garnishment-has arrived at a degree of complication that requires extended analysis and careful differentiation in order to be reasonably sure of conforming to the statutory requirements in any particular case. In addition to the complications arising from lack of coordination of the various statutory provisions, resulting in application of different methods of procedure to different phases of the remedy, the situation is further confused in some instances by lack …

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Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills Dec 1941

Labor Law - Right Of Union To Deny Membership To Applicant, David N. Mills

Michigan Law Review

A condition of the closed-shop agreement between defendant labor union and a manufacturing concern required that all new employees of the company be members of the union or become such within twenty-one days. The company employed plaintiff, but discharged him shortly thereafter when the union refused to admit him to membership. Plaintiff sought either to enjoin the enforcement of the union contract as illegally tending toward a monopoly, or to compel the union to grant his application for membership. Held, defendant's demurrer sustained, because plaintiff's allegation of a general plan to monopolize the labor supply was a conclusion not …

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Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller Nov 1941

Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller

Michigan Law Review

The very face of federal law governing labor unions and labor activities has been transformed by the recent holding by the United States Supreme Court in United States v. Hutcheson, that the Sherman, Clayton and Norris Acts must be read not separately but as "interlacing statutes," and that labor activity unenjoinable under the Norris Act is likewise and by the same token uncensurable under the Sherman Act. In so deciding, the high court has drastically affected the meaning of the Sherman Act, and the extent of its application to labor activities. New life has been given to the Clayton …

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Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan Nov 1941

Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan

Michigan Law Review

Both the Brewery Workers Union and the Teamsters Union, members of the American Federation of Labor, demanded jurisdiction over drivers of brewery wagons and trucks. In 1933, the Federation decided the controversy in favor of the Teamsters Union. The Brewery Workers Union refused to abide by this decision and filed suit for an injunction to restrain the Teamsters Union and the Federation from carrying out the decision. The lower court granted the injunction, construing the certificate of participation granted the Brewery Workers Union by the Federation as giving a contract right of prior and exclusive jurisdiction over the disputed group …

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Labor Injunction And Free Speech Aug 1941

Labor Injunction And Free Speech

Indiana Law Journal

Notes and Comments: Labor Law

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Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons Jun 1941

Labor Law- Fair Labor Standards Act- Right Of Employees To Waive Payment Of Award Of Back Wages, Spencer E. Irons

Michigan Law Review

In July, 1940, the Wage-Hour Administrator obtained a consent decree restraining defendant from violating the Fair Labor Standards Act, and a stipulation was filed which provided, among other things, that defendant should restore to its employees the difference between wages actually paid and the minimum wages which should have been paid under the act. Twelve of the fifteen employees in whose favor the award was made endorsed over the checks which they received with out obtaining any actual cash, and executed releases for the amounts due to them. In the present proceeding, the administrator sought a rule to show cause …

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The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch Jun 1941

The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch

Indiana Law Journal

No abstract provided.

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Social Security Wage Records, J. Lloyd Fitzpatrick Jun 1941

Social Security Wage Records, J. Lloyd Fitzpatrick

Indiana Law Journal

No abstract provided.

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Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz Jun 1941

Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz

Indiana Law Journal

No abstract provided.

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Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield Jun 1941

Judgments - Declaratory Judgments - Use In Statutory Interpretation, Reid J. Hatfield

Michigan Law Review

A mining company, subject to the Fair Labor Standards Act, brought an action against the United States District Attorney for Idaho for a declaratory judgment that it was not subject to threatened criminal prosecutions and penalties under the act. The company had not included the forty minutes allowed for lunch in estimating the number of hours worked by its employees. The employees and their labor union threatened to sue, claiming the lunch period was part of their working hours and that they were therefore to that extent required to work overtime without extra pay. The Department of Labor and the …

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Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager Jun 1941

Labor Law - Appropriate Bargaining Unit - Appropriateness Of Multiple-Plant Unit Where Majority In One Plant Oppose Such Unit, Oliver B. Crager

Michigan Law Review

The Pittsburgh Plate Glass Co., a Pennsylvania corporation, had six plants in its plate glass division located in five scattered states. In 1938 a C. I. O. affiliate filed a charge with the National Labor Relations Board that the company had violated the National Labor Relations Act by dominating and interfering with a company union at the Missouri plant. The company union was not a party to the proceeding. The company consented to a stipulation and consent decree directing it to cease and desist from dominating or recognizing the company union. Shortly thereafter in certification proceedings, the board held that …

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Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager Jun 1941

Labor Law - National Labor Relations Act - Employer's Refusal To Hire A Union Member As An "Unfair Labor Practice", Oliver B. Crager

Michigan Law Review

Following a strike at respondent corporation which had started prior to the effective date of the National Labor Relations Act, the respondent refused to hire two men who had ceased to be in its employ before the strike but who sought employment after its close. The National Labor Relations Board, finding that the men had been refused employment because of their affiliations with a union and hence that the respondent had violated section 8(3) of the act, ordered the corporation to offer the two men employment and also ordered reimbursement for the loss of pay, minus actual earnings in the …

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Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review Jun 1941

Labor Law - Power Of The Nlrb To Order Employer To Reimburse Employees For Sums Deducted From Their Wages To Support An Employer-Dominated Union, Michigan Law Review

Michigan Law Review

Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended …

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