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Articles 10861 - 10890 of 11169

Full-Text Articles in Labor and Employment Law

The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff May 1941

The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff

Michigan Law Review

Can it be that less than a score of years has elapsed since Schlesinger v. Quinto pointed out the difference between employment contracts and collective contracts? And yet in that short period the various objections recurrently raised regarding the enforceability of these contracts, such as lack of consideration and of mutuality as well as the dictate of the "personal service" rule, came to be disregarded. At a time when employers are not only obliged to bargain collectively but also, after reaching an agreement, to reduce it to writing, reminiscences of the "custom" doctrine must, indeed, resemble the frozen sounds in …

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The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith May 1941

The Evolution Of The "Duty To Bargain" Concept In American Law, Russell A. Smith

Michigan Law Review

Promotion of collective bargaining appears to be a governmental policy borne of the travails of economic emergency during World War I, though it was somewhat foreshadowed by the earlier attempt in the Erdman Act of 1898 to outlaw the "yellow-dog'' contract. It first gained recognition by certain of the individual branches of the administration II and was subsequently suggested as an over-all policy, along with recognition of the right of self-organization and other principles, by the War Labor Conference Board. This board was appointed in January, 1918, by the Secretary of Labor and consisted of nominees of the National Industrial …

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Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin May 1941

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …

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Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin May 1941

Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin

Michigan Law Review

Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.

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Labor Board Back Pay Orders Apr 1941

Labor Board Back Pay Orders

Indiana Law Journal

Notes and Comments: Labor

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Minority Union's Right To Strike, Seymour Cohen Apr 1941

Minority Union's Right To Strike, Seymour Cohen

Indiana Law Journal

No abstract provided.

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Labor Law-Majority Vote Of Employees Of Collective Bargaining Unit As Prerequisite To Peaceful Picketing [Hotel & Restaurant Employees' International Alliance V. Wisconsin Employment Relations Board, Wis. 1940] Mar 1941

Labor Law-Majority Vote Of Employees Of Collective Bargaining Unit As Prerequisite To Peaceful Picketing [Hotel & Restaurant Employees' International Alliance V. Wisconsin Employment Relations Board, Wis. 1940]

Washington and Lee Law Review

No abstract provided.

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Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941] Mar 1941

Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941]

Washington and Lee Law Review

No abstract provided.

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Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly Mar 1941

Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly

Michigan Law Review

A one-day sit-down strike occurred in the employer's plant on March 16, 1937. A general strike was called on the following day and lasted until June 24, 1937. On March 25, 1937, the employer sent a notice to all employees including the "sit-downers" urging them to return to work. The National Labor Relations Board found the company guilty of various unfair labor practices, all of which occurred during the general strike, and ordered a reinstatement of all employees who were on strike March 23, 1937, with back pay and full seniority rights. Petitioner asserted that the men who engaged in …

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Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee Feb 1941

Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee

Michigan Law Review

In the spring of 1937 the respondent distributed anti-union literature to its employees. Some of the material specifically denied any design on the part of the employer to prevent the employees from joining a union, and none of the literature pretended to be more than the advice and opinions of the employer. Nevertheless, the unions were thoroughly condemned as rackets, controlled by Communists, which deprive the workingman of his economic freedom and force him to pay for the privilege of working. The National Labor Relations Board found that the distribution of this literature interfered with, restrained, and coerced the employees …

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Labor Law - Existence Of Labor Dispute Under Norris-La Guardia Act - Relation Of Norris-La Guardia Act To Sherman Act, Philip W. Buchen Feb 1941

Labor Law - Existence Of Labor Dispute Under Norris-La Guardia Act - Relation Of Norris-La Guardia Act To Sherman Act, Philip W. Buchen

Michigan Law Review

Action was brought in a federal court to enjoin the Chicago local of the A. F. of L. Mille Wagon Drivers' Union from picketing and committing acts of violence in violation of the Sherman Act against retail stores that sold milk produced out of the state, processed by the plaintiff dairies and distributed by "vendors" belonging to the plaintiff C. I. O. union of dairy workers. "Vendors" were individuals owning their own trucks who purchased milk from the dairies and sold it to the retail stores, which charged prices lower than those charged for milk supplied by dairies employing the …

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Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan Feb 1941

Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan

Michigan Law Review

Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act …

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Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin Feb 1941

Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board's order. On certiorari to that court, held that the board's order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843.

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Labor Law-National Labor Relations Act-Elections - What Constitutes A Majority, Charles D. Johnson Feb 1941

Labor Law-National Labor Relations Act-Elections - What Constitutes A Majority, Charles D. Johnson

Michigan Law Review

Three mills, all under the same management and represented by the same bargaining agents, were ordered by the National Labor Relations Board to desist from refusing to bargain with the Textile Workers' Organizing Committee. On application by the board to the court for a decree enforcing the order, the company claimed that the committee was not the lawful bargaining agency at the material dates. The T. W. O. C. had been certified by the board after an election in which a majority of the employees voted and a bare majority of these voted for the committee. In no instance were …

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Labor Warfare And The Anti-Injunction Laws, Lennart Vernon Larson Jan 1941

Labor Warfare And The Anti-Injunction Laws, Lennart Vernon Larson

Kentucky Law Journal

No abstract provided.

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Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr. Jan 1941

Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr.

Michigan Law Review

The statutory authority for employee suits under the Fair Labor Standards Act of 1938 is found in section 16(b). Suits under this section have been instituted in both state and federal courts. In practically every case the defendant has, by a motion to dismiss, challenged the jurisdiction of the court. The usual ground for the challenge in the state courts is that such suits seek to recover penalties incurred under a statute of the United States, and are, therefore, within the exclusive jurisdiction of the district courts of the United States. The jurisdiction of the federal district courts is generally …

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National Labor Relations Act: Power Of Nlrb To Award Back Pay To Employees And To Provide Reimbursement For Wpa Payments, Howard E. Trent Jr. Jan 1941

National Labor Relations Act: Power Of Nlrb To Award Back Pay To Employees And To Provide Reimbursement For Wpa Payments, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.

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Independent Calling Of Life Insurance Solicitor Under State Unemployment Compensation Acts, Reynolds C. Seitz Jan 1941

Independent Calling Of Life Insurance Solicitor Under State Unemployment Compensation Acts, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.

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Kentucky's New Employer-Employee Relations Act, George Neff Stevens Jan 1941

Kentucky's New Employer-Employee Relations Act, George Neff Stevens

Kentucky Law Journal

No abstract provided.

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Labor Law - The Apex Decision And Its Effect On The Application Of The Sherman Act To Activities Of Labor Unions, Philip W. Buchen Jan 1941

Labor Law - The Apex Decision And Its Effect On The Application Of The Sherman Act To Activities Of Labor Unions, Philip W. Buchen

Michigan Law Review

Labor made a bold attempt in the case of Apex Hosiery Company v. Leader to procure a determination by the Supreme Court that labor organizations and their activities are exempt from the Sherman Act. The act, having survived this attack, presumably remains a potential weapon against labor unions. However, the Court by its decision has rejected a theory that the Sherman Act should be expanded on the principles of the Wagner Act decisions, has imposed a new restriction upon its application, and has opened the way for developments which will have substantially the effect of excluding labor unions from its …

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Labor Law - Fair Labor Standards Act - Tips Not Considered Wages In Computing Statutory Minimum, Reed T. Phalan Jan 1941

Labor Law - Fair Labor Standards Act - Tips Not Considered Wages In Computing Statutory Minimum, Reed T. Phalan

Michigan Law Review

After the enactment of the Fair Labor Standards Act, defendant terminal company adopted the so-called "make up" plan towards its redcap station porters. Under the plan, tips received by redcaps could, as formerly, be retained by them; in addition the redcap would report to the defendant the amounts received in tips, and the defendant would make up the deficiency if the tips did not aggregate the minimum legal wage. After the plan had been in operation for a time, plaintiff, agent and representative of the redcaps, brought suit for the difference between the amounts paid by the defendant and the …

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Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb Jan 1941

Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb

Michigan Law Review

Complainants, small steel companies in eastern Pennsylvania, Maryland and Connecticut, brought this action to enjoin the secretary of labor and others from applying the provisions of the Public Contracts Act, as construed, to the iron and steel industry. It was contended that the secretary's wage determination was the result of an erroneous interpretation of the word "locality" as included in the act. The district court dismissed the complaint. Upon appeal the Court of Appeals of the District of Columbia granted the injuction. On certiorari, held, reversed. The complainants have no standing in court to sue. Perkins v. Lukens Steel …

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General Preference Laws Dec 1940

General Preference Laws

Indiana Law Journal

No abstract provided.

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Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan Dec 1940

Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan

Michigan Law Review

On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John …

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Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin Dec 1940

Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, …

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Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom Dec 1940

Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom

Michigan Law Review

Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …

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Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder Nov 1940

Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder

Michigan Law Review

In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …

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Rights Of Firemen Under The Indiana Workmen's Compensation Act: City Of Fort Wayne V. Hazelett Oct 1940

Rights Of Firemen Under The Indiana Workmen's Compensation Act: City Of Fort Wayne V. Hazelett

Indiana Law Journal

No abstract provided.

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Contracts-Attempts Of Employers To Contract Against Future Competition Of Employees [A. J. Canfield Co. V. Mcgee, Ill. 1940]. Sep 1940

Contracts-Attempts Of Employers To Contract Against Future Competition Of Employees [A. J. Canfield Co. V. Mcgee, Ill. 1940].

Washington and Lee Law Review

No abstract provided.

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Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham Jul 1940

Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham

Washington Law Review

Advisedly has the "boycott"' been characterized as "a chameleon that is impossible of definition." Only the epithet "secondary boycott has perhaps occasioned more intricate judicial gymnastics. Justice Steinert, writing for the Washington Supreme Court, has recently observed with perspicacity that "the term 'secondary boycott' is of somewhat vague signification and has no precise and exclusive denotation." In the field of labor relations, as in other branches of the law, bench and bar have leaned on the comforting pillar of "lump concept" thinking which has more than once done yeoman's service for judicial reasoning and analysis. Truly has there been more …

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