Labor and Employment Law Commons^™

News For Labor's Non-Partisan League Of California & Humboldt County, Labor's Non-Partisan League Of California & Humboldt County

Ina and Noel Harris Collection

Article on national program drawn up on plans for peace, civil rights, work for unemployed, social security, pensions, health, etc. Endorsement committee selected for Democratic primaries as well as speakers announced. Eureka Federated Trades and Labor Council passes resolution.

Labor's Non-Partisan League

236 D St.

Eureka, California

Picketing By "Outside" Union-Indiana Anti-Injunction Act

Indiana Law Journal

Recent Case Notes

Scope Of The Business: The Borrowed Servant Problem, Talbot Smith

Michigan Law Review

If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …

Labor Law - Picketing To Compel Breach Of A Statutory Duty - Conflict Between Norris-Laguardia Act And National Labor Relations Act, Michigan Law Review

Michigan Law Review

Petitioners, a corporate employer and an A. F. of L. union whose membership included all the company's active employees, brought suit in a federal court against a C. I. O. union, whose membership included two of petitioner's employees on strike, to enjoin respondents' picketing. The purpose of the picketing was to coerce the employer and employees to violate the agreement entered into with the petitioner union as exclusive bargaining agency and to cause the employer to rescind its recognition of that union. The trial court granted an injunction against all picketing on findings that the agreement between the employer and …

Railroads - Damages Under Employers' Liability Act - Use Of Annuity Payments Under Railroad Retirement Act In Mitigation Of Damages, William H. Klein

Michigan Law Review

A recent decision raised the question of the right of a railroad defendant, against whom suit had been brought under the Federal Employers' Liability Act of I908, to plead in mitigation of damages plaintiff's eligibility for an annuity under section z(3) of the Railroad Retirement Act of I937. The court, holding that plaintiff was not eligible for an annuity under the provisions of the Retirement Act, found it unnecessary to pass on the issue. It is proposed in this comment to suggest and analyze the more important arguments on which the solution of the problem, left undecided by that decision, …

The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey

Michigan Law Review

'There ought to be a law!" So declared labor and its friends in the early days of the New Deal, and the Wagner Act and "little" Wagner acts (the "labor relations acts") were the legislative response. Now, some five years later, with Utopia in labor relations not yet at hand, the hue and cry goes up for still more law, both state and federal. In part this is the typical American reaction to particular irritations and assumes with the usual naiveté that there is a single legislative specific for every isolated ailment. In part it is the equally typical reaction …

Master And Servant -The Filling Station Operator As An Independent Contractor, William F. Andersen

Michigan Law Review

Under the press of modern concepts of responsibility of business units it becomes necessary to re-examine the relation between the corner filling station and the big oil company that uses it as a means of getting its products before the consuming public. The factual situation is usually this: the operator may own the station, or may lease it from the oil company; the oil company invariably owns the equipment, such as gas pumps, tanks, and tank trucks, which it leases to the operator; by a sales contract the operator binds himself to sell only the petroleum products of the oil …

Letter From Kosinogo Defense Committee, Kosinogo Defense Committee

Ina and Noel Harris Collection

Letter from Kosinogo Defense Committee addressing the public about the status of Walter Kosinogo's application for citizenship and events surrounding denial and subsequent trial. Letter details benefit dinner to pay of debts of defense costs.

236 D Street

Eureka, California

Master And Servant-Assault And Battery

Indiana Law Journal

Recent Case Notes

Unions Of Their Own Choosing, Stephen Ailes

West Virginia Law Review

No abstract provided.

Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen

Michigan Law Review

Among the problems raised in magnified form by the AFL-CIO schism is the determination of rights and duties under a collective agreement when there is a change in affiliation of the members of the union which negotiated the agreement. Suppose that union A, as sole bargaining representative for the employees in the particular unit, has negotiated an agreement with the employer, that thereafter a majority of union A shift their allegiance to union B. Does the agreement continue to canter rights upon employees who have changed their affiliation? Upon the employees who have not changed their affiliation? This …

Proceedings Of The Second Annual Law Institute - Vol Ii, University Of Michigan Law School

Event Materials

Proceedings of the Second Annual Law Institute Vol II

Held at the University of Michigan Law School, Ann Arbor, Michigan

Thursday, Friday, and Saturday June 20-22, 1940

The Test Of "Employment" Under The State Unemployment Compensation Acts, R. Vincent Goodlett

Kentucky Law Journal

No abstract provided.

The Development Of Labor Law In Kentucky, George Neff Stevens

Kentucky Law Journal

No abstract provided.

Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Status Of Picketing In Washington, Jack H. Jaffe

Washington Law Review

The history of the status of picketing in the eyes of the legislative and judicial bodies of our nation since the early part of this decade has been a vitally interesting one, mirroring the changes which have taken place in the social and economic outlook of the populace. It is the purpose of this article to present a brief survey of this history, giving particular emphasis to that which has transpired in the state of Washington.

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The National Labor Relations Act, Charles Fahy, Robert Littler

Indiana Law Journal

The Indiana State Bar Association and the Indianapolis Bar Association held a joint Legal Institute upon this subject on August 24, 1939 at Indianapolis. This issue of the Journal publishes the two addresses and a synopsis of the general discussion which followed.

The Test Of The Employment Relation, Gerald M. Stevens

Michigan Law Review

Labor's status is the subject of what seems to be an interminable war, with campaigns in the courts, on picket lines, in conference rooms, and in legislative halls. The prominence of these battles increases, if anything, the obscurity in which a closely related conflict is being worked out. For as long as there are important distinctions to be made on the basis of whether an employment relation exists, there is fairly certain to be at least some argument over the existence of that relation.

Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review

Michigan Law Review

A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.

Defamation-Libel Of Employee-Privilege

Indiana Law Journal

No abstract provided.

Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin

Michigan Law Review

The problem to be considered in this comment is the extent to which employees will, as a consequence of wrongful action on their part, be denied benefits secured to them by the National Labor Relations Act. Inherently, the discussion must also include the examination of another fundamental issue; viz., what is the proper relation between the National Labor Relations Board and the courts on this problem? The substantive question may arise either where the employer seeks to justify a discharge of the worker because of alleged misconduct, or where the misconduct is sought to be used as an estoppel against …

Labor Law - National Labor Relations Act - Jurisdiction Of The National Labor Relations Board, John C. Griffin

Michigan Law Review

Respondent, employing about sixty persons, was the sole owner of a garment-tailoring concern in New Jersey. His only business was with the Lee Company, a New York firm, that sold finished goods. There was no financial affiliation between them. The Lee Company purchased the cloth and caused it to be delivered to respondent. Respondent tailored it and delivered the finished product to a representative of the Lee Company at respondent's plant. This representative sent it back to New York in Lee Company trucks. Title to the cloth remained throughout in the Lee Company. Held, Justices McReynolds and Butler dissenting, …

Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes

Michigan Law Review

The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …

Legal Institute, Michigan Law Review

Michigan Law Review

A legal institute for practicing lawyers will be held at the Law School of the University of Michigan on June 22 to 24. The student dormitories in the classic Law Quadrangle will be open to those attending the Institute. Subjects to be discussed will include Taxation, Labor Law, and Wills and Trusts. Members of the law faculty and several practicing lawyers specializing in the topics to be considered will be the lecturers.

Regulation Of Labor Unions And Labor Disputes In France, Rudolf B. Sobernheim, V. Henry Rothschild 2nd

Michigan Law Review

In a study of British labor, Andre Philip contrasted what he termed "le Trade Unionisme'' of England with les syndicats professionels of France. So foreign did he deem the British concept of trade unionism to his French readers that, in speaking of British trade unions, he preferred not to use the French term.

Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …

The Licensing Of Professions In West Virginia, Julius Cohen

West Virginia Law Review

No abstract provided.

Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen

Michigan Law Review

What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …

Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield

Michigan Law Review

The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …