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Articles 10951 - 10980 of 11169

Full-Text Articles in Labor and Employment Law

Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler May 1938

Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler

Michigan Law Review

In two recent Supreme Court cases, National Labor Relations Board v. Pennsylvania Greyhound Lines, lnc., and National Labor Relations Board v. Pacific Greyhound Lines, lnc., it was held that the Board had the power under section 10 (c) to order an employer, who had created, fostered and dominated a labor organization of its employees, to withdraw recognition from such organization of its employees, to withdraw recognition from such organization as representative of the employees and to post notices that it was "so disestablished." In so doing the Court reversed the respective circuit courts which had held the Board was …

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Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann May 1938

Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann

Michigan Law Review

Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …

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Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson Apr 1938

Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson

Michigan Law Review

The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …

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Taxation - Stevedoring As Interstate Commerce - Constitutionality Of Occupation Tax, Ralph Winkler Apr 1938

Taxation - Stevedoring As Interstate Commerce - Constitutionality Of Occupation Tax, Ralph Winkler

Michigan Law Review

The state of Washington enacted a business privilege tax, the amount of which was to be determined on a gross income basis. A domestic corporation had been servicing vessels engaged in interstate commerce in two ways-it supplied stevedores to the vessels, and it did the work of loading and unloading. In a bill to enjoin the collection of this tax the Supreme Court of Washington dismissed the suit on the ground that the corporation was not engaged in interstate commerce. On appeal, held (1) furnishing stevedores to the vessels without maintaining control over the operations of the workmen is a …

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The Uncompensated Industrial Injury, Stanley Law Sabel Apr 1938

The Uncompensated Industrial Injury, Stanley Law Sabel

Michigan Law Review

Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.

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Labor Law - Rights And Duties Under The National Labor Relations Act- Effect Of Norris-Laguardia Act, Lennart V. Larson Mar 1938

Labor Law - Rights And Duties Under The National Labor Relations Act- Effect Of Norris-Laguardia Act, Lennart V. Larson

Michigan Law Review

Defendants, members of a C.I.O. organization, petitioned for an election in plaintiff corporation's factory in order to determine the representatives of the employees for the purposes of collective bargaining. An employees' association, a union the members of which were restricted to employees of the corporation, received a majority of votes and was certified by the National Labor Relations Board as bargaining representative. Nevertheless, the C.I.O. union called a strike, demanding sole bargaining privileges and a closed shop. Picketing, violence and intimidation are alleged, as a result of which plaintiff's factory has had to shut down. Held, plaintiff is entitled …

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Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman Mar 1938

Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman

Michigan Law Review

Plaintiff was injured while in the employ of defendant. Thereupon the defendant agreed to give the plaintiff employment for life if he would not prosecute the claim before the State Industrial Commission. After thirteen years plaintiff was summarily discharged. The time having elapsed for filing a claim with the Industrial Commission, he brought this action for breach of contract. Statutes of Oklahoma provide that no agreement to waive the right to compensation shall be valid and that claims shall not be released. The lower court awarded plaintiff $3,000 damages. Defendant appealed. Held, the rule that invalid contracts will not …

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Labor And The Law, Robert S. Spilman Jr. Feb 1938

Labor And The Law, Robert S. Spilman Jr.

West Virginia Law Review

No abstract provided.

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Contracts - Definiteness - Effect Of Provision In Employment Contract For Termination Only By Mutual Consent, Michigan Law Review Feb 1938

Contracts - Definiteness - Effect Of Provision In Employment Contract For Termination Only By Mutual Consent, Michigan Law Review

Michigan Law Review

Plaintiff entered into a written contract with defendant whereby defendant was to employ plaintiff as a salesman and plaintiff was to receive a salary of seven per cent of the annual profits of defendant's business with a guaranteed drawing account of forty-five dollars per week. The agreement provided that it should be terminable only by the mutual consent of both parties and contained no other stipulation for duration. Plaintiff was employed under the agreement from August 1912 until April 1933, when he was discharged because of a decrease in defendant's business. Held, that the contract was too indefinite to …

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Tenure And Remedies Under School Teachers' Contracts - Board Of Education Of Washington County V. Cearfoss Jan 1938

Tenure And Remedies Under School Teachers' Contracts - Board Of Education Of Washington County V. Cearfoss

Maryland Law Review

No abstract provided.

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Tenure And Remedies Under School Teachers' Contracts - Board Of Education Of Washington County V. Cearfoss Jan 1938

Tenure And Remedies Under School Teachers' Contracts - Board Of Education Of Washington County V. Cearfoss

Maryland Law Review

No abstract provided.

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Gulf, M. & N. R. Co. V. Illinois Cent. R. Co.--Specific Performance--Denial Upon The Ground Of Public Interest In Preventing A Railroad Strike, Jo M. Ferguson Jan 1938

Gulf, M. & N. R. Co. V. Illinois Cent. R. Co.--Specific Performance--Denial Upon The Ground Of Public Interest In Preventing A Railroad Strike, Jo M. Ferguson

Kentucky Law Journal

No abstract provided.

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The Railway Labor Act And The National Labor Relations Act--A Comparison, Harry H. Byrer Dec 1937

The Railway Labor Act And The National Labor Relations Act--A Comparison, Harry H. Byrer

West Virginia Law Review

No abstract provided.

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Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W. Dec 1937

Master And Servant--Liability Of Master For Servant's Negligence In Driving Master's Car To Servant's Home, W. G. W.

West Virginia Law Review

No abstract provided.

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Agency-Master And Servant-Term Of Contract When No Definite Time Is Specified Dec 1937

Agency-Master And Servant-Term Of Contract When No Definite Time Is Specified

Indiana Law Journal

No abstract provided.

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Teacher Tenure Contracts-Discrimination Against Married Women Teachers Dec 1937

Teacher Tenure Contracts-Discrimination Against Married Women Teachers

Indiana Law Journal

No abstract provided.

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Master And Servant--Loan Of Servant To Third Person--Liability For Negligent Injuries To Strangers By The Servant, H. G. W. Dec 1937

Master And Servant--Loan Of Servant To Third Person--Liability For Negligent Injuries To Strangers By The Servant, H. G. W.

West Virginia Law Review

No abstract provided.

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The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger Jun 1937

The Railway Labor Act Decision, Fred C. Gause, Erle A. Kightlinger

Indiana Law Journal

No abstract provided.

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The Washington Minimum Wage Decision, Paul Y. Davis Jun 1937

The Washington Minimum Wage Decision, Paul Y. Davis

Indiana Law Journal

No abstract provided.

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Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt Jun 1937

Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt

Michigan Law Review

Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …

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Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …

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Businesses Subject To The National Labor Relations Act, Joseph H. Mueller Jun 1937

Businesses Subject To The National Labor Relations Act, Joseph H. Mueller

Michigan Law Review

Justice Holmes once remarked that, "the life of the law has not been logic; it has been experience." This observation is illustrated in a striking manner by the recent change in the attitude of the Supreme Court with respect to Congressional regulation of labor relations in the field of production. Holding that the National Labor Relations Act applied to the steel, automobile, and clothing industries, as well as to the agencies of interstate commerce, the Court restated existing doctrine relating to interstate commerce, giving it new direction and content.

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Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg Jun 1937

Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg

Michigan Law Review

The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …

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Repeal Of The Teacher's Act As Impairment Of The Obligation Of Contract Apr 1937

Repeal Of The Teacher's Act As Impairment Of The Obligation Of Contract

Indiana Law Journal

No abstract provided.

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Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review Feb 1937

Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review

Michigan Law Review

The owner of an automobile suffered personal injury and injury to his car when his chauffeur ran into another vehicle. Held, in overruling defendant's demurrer, that an employer has a cause of action against his chauffeur for negligence, there being no grounds. of policy against such an action and there being no joint enterprise and hence no negligence imputed to the employer. Darman v. Zilch, (R. I. 1936) 186 A. 21.

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Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller Feb 1937

Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller

Michigan Law Review

The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.

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Rights Of A Teacher In The Public Schools When School Is Closed, Town Hall Jan 1937

Rights Of A Teacher In The Public Schools When School Is Closed, Town Hall

Kentucky Law Journal

No abstract provided.

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The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman Jan 1937

The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman

Articles by Maurer Faculty

No abstract provided.

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Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard Jan 1937

Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard

Michigan Law Review

Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).

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When Does A Cause Of Action For Wrongful Death Accrue Under The Federal Employer's Liability Act?, George W. Hulbert Dec 1936

When Does A Cause Of Action For Wrongful Death Accrue Under The Federal Employer's Liability Act?, George W. Hulbert

Indiana Law Journal

No abstract provided.

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