Labor and Employment Law Commons^™

Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin

Michigan Law Review

During a membership drive in the Fansteel Metallurgical plants, the petitioner corporation was guilty of an unfair labor practice in that it hired espionage agents to spy upon the union. Lodge 66 attempted to bargain collectively with the petitioner and on its rejection of their offer, the union seized the key plants, effectively stopping production. The petitioner, on the union's refusal to vacate, made a blanket discharge of everyone within the plant, and secured an injunction against the union's possession. Compliance with the order was not obtained, and a writ of attachment for contempt was issued. On the second attempt …

The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.

Michigan Law Review

The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …

German Social Honor Courts, Harlow J. Heneman

Michigan Law Review

Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …

Administrative Procedure: National Labor Relations Board, J. Warren Madden

West Virginia Law Review

No abstract provided.

Trade Associations In Law And Business, Julius Cohen

West Virginia Law Review

No abstract provided.

Labor Law - "Substantial" Evidence To Support The Fact Findings Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

Three employees of respondent company, members of a union, were discharged. They had attended an organization meeting of the union two days previous to their discharge. Two hundred of the company's fifteen hundred employees attended, of whom eighteen, including these three, stayed when asked to join. The alleged reasons of the company for the discharge of these men were that one took a fifty-cent lamp at a company banquet a month previously, that another destroyed raw material through faulty adjustment of his machine, and that the third openly expressed resentment because not promoted. As against this, the evidence showed that …

Labor Law - Power Of National Labor Relations Board To Invalidate Contract Between Employer And A Bona Fide Union, Ward P. Allen

Michigan Law Review

After a C. I. O. affiliate had filed complaint with the National Labor Relations Board against the Consolidated Edison Company of New York for encouraging membership in A. F. of L. affiliates and thus interfering with the free choice of its employees, the company entered into collective agreements with the latter relating to wages, hours, working conditions, arbitration and representation. The board, ordering the company to cease its preferential treatment, also found that the contracts were executed under such circumstances that they were invalid and required the company to desist from giving them effect. This order was enforced by the …

Proceedings Of The Law Institute Part I, University Of Michigan Law School

Event Materials

Proceedings of the Law Institute held at the University of Michigan Law School, Ann Arbor, Michigan

Thursday, Friday, and Saturday June 22-24, 1939

Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes

Michigan Law Review

Defendant corporation was an owner and operator of taxicabs. One of its cabs was hailed by another taxicab driver to pursue the latter's taxicab which had just been stolen from him. During the pursuit defendant's taxicab struck plaintiff's car. Plaintiff seeks to recover from defendant for the damage to his car. Held, the driver of the cab was not acting in the scope of his employment so defendant cannot be held. Bindert v. Elmhurst Taxi Corp., (N. Y. Mun. Ct. 1938) 6 N. Y. S. (2d) 666.

Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis

Michigan Law Review

Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …

Contracts--Consideration For Pension Agreement, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

Labor Law -- Trusts -- Union As Beneficiary, John P. Frank

Articles by Maurer Faculty

No abstract provided.

El Desempleo En La Economía, Francisco Ducassi Y Mendieta

Mario Diaz Cruz Pamphlets

Oportunidad de la conferencia de los Estados de America en la Habana.

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 3

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 4

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 5

Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman

Washington Law Review

Space will not permit of a comprehensive enumeration of the provisions of the Act or of the problems which have already arisen in its application, but an attempt will be made to briefly state and discuss its salient features and the more important problems which have arisen to date, and in conclusion reference will be made to the problem of constitutionality which is ever present in pioneering social and economic legislation.

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 2

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 6

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 8

Legislación Obrera : Legislación Cubana Del Trabajo, Miguel M. Calella Sanz

Mario Diaz Cruz Pamphlets

Primera Edición.

Cuadernos de Legislación Obrera No. 7

Injunctions - Labor Unions - Enforcement Of Employer's Closed Shop Agreement, Michigan Law Review

Michigan Law Review

Plaintiff unions entered into an agreement with the defendants by the terms of which the defendants were to employ union men, all of whom were to be furnished by the Bricklayers Central Employment Bureau at certain wages and for certain hours. Contrary to the agreement, the defendants employed nonunion men of their own selection and at lower wages and for longer hours than provided by the agreement. Plaintiff sought an injunction pendente lite on behalf of the unions to restrain defendants from disregarding the terms of the agreement. Held, motion for injunction pendente lite granted. Murphy v. Ralph, …

"Extra Time For Overtime" Now Law, Frank E. Cooper

Michigan Law Review

The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson

Michigan Law Review

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District …

Labor Law - Workers Who Struck Prior To Effective Date Of National Labor Relations Act As "Employees" Within The Meaning Of Act, Edward J. Wendrow

Michigan Law Review

Prior to the passage of the Wagner Act, respondent's employees went on strike when the respondent refused to negotiate with the union. Thereupon respondent notified them they were all discharged and that the mill was closing down. Subsequent to the effective date of the act, respondent still refused to negotiate with the union and refused to hire any strikers who would not sign a "yellow dog" contract. The National Labor Relations Board held the refusal to negotiate and the discrimination in regard to hire to be violations of section 8 (5) and (3) respectively of the act and, inter alia …

Norris-Laguardia Anti-Injunction Act-Existence Of A Labor Dispute

Indiana Law Journal

No abstract provided.

The Labor Relations Acts-Their Effect On Industrial Warfare, Lennart Larson

Michigan Law Review

This article is addressed to the query whether the labor relations acts have any effect on the ends and means of labor warfare. During the hey-day of the NIRA, decisions may be found which indicated that industrial warfare for the objects within the regulatory power of the code authorities was unlawful. Strikes and picketing were enjoined where carried on for higher wages and hours, objects which were thought properly to be for code authorities to adjust. Those decisions were of dubious soundness, but they suggest an argument which may be advanced under the labor relations acts. The NIRA was of …

Injunctions - Courts - Labor Law - Power Of A State Court To Enjoin National Labor Relations Board Officials, Amos J. Coffman

Michigan Law Review

The Circuit Court of Washtenaw County, Michigan, recently issued an injunction enjoining the regional officials of the National Labor Relations Board from holding a scheduled hearing in Ann Arbor, Michigan. The injunction was issued on the theory that if any unfair labor practices were being practiced by the Ann Arbor Press (a local job printer charged with violating the act) they did not affect interstate commerce and hence were not within the jurisdiction of the board. The injunction was at least temporarily effective. The hearing was not held in Ann Arbor. The regional office of the board in Detroit withdrew …

Labor Law - Liability Of Labor Union To Member For Modification Of Collective Agreement Negotiated With Employer, Thomas E. Wilson

Michigan Law Review

Plaintiff, a married woman, was a member of an unincorporated labor union which in 1921 negotiated a collective agreement with a railroad company, of which plaintiff was an employee, and under which agreement plaintiff acquired a preferred seniority standing. Subsequently, as a result of agitation against the employment of married women during periods when single women were being discharged, the union and the employer by mutual action modified the agreement of 1921 in regard to the seniority provisions, the new agreement providing that married women should be relieved of service irrespective of seniority. As a consequence of this action, plaintiff …

Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review

Michigan Law Review

Plaintiff secured a temporary injunction against the picketing of her beauty shop by members of a union who sought an agreement as to the prices which plaintiff would charge her customers. None of plaintiff's employees were dissatisfied with the terms and conditions of employment. The trial court, on the basis of allegations in plaintiff's bill, affidavits and oral testimony, but without an answer being filed by defendant, held that the case did not "involve or grow out of a labor dispute" and awarded a temporary injunction. A Minnesota statute provided that no court of the state should have "jurisdiction" to …