Labor and Employment Law Commons^™

Some Aspects Of The Lmrda Reporting Requirements, J. Ralph Beaird

Scholarly Works

Collective bargaining became the keystone of our national labor policy with the passage of the Wagner Act in 1935. The central role of this procedure was preserved in the Taft-Hartley and Landrum-Griffin Acts. By choosing collective bargaining as the principal instrument of labor market control, Congress sought to remove sources of industrial strife by a method which preserved private determination free from either unchecked employer power or smothering governmental control. Landrum-Griffin was supplementary legislation designed to eliminate or prevent practices which distorted and defeated the collective bargaining policy of the Labor-Management Relations Act. This statutory scheme has now been in …

Re United Automobile Workers, Local 673, And Douglas Aircraft Co Of Canada Ltd, Innis Christie

Innis Christie Collection

Union Grievance alleging that the company had violated the collective agreement by promoting certain employees outside the bargaining unit.

The Facts:

In art. 1 of the collective agreement the company recognizes the union as sole bargaining agent on behalf of its office and clerical employees, subject to a long list of exclusions which includes "secretaries to department managers and above". This arbitration arises from the fact that the company effected a reorganization at the start of 1970 by which, in company terms, the procurement department became the sub-division of procurement and material "headed by a director who ad­ministers five different …

Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review

Michigan Law Review

When a group of employees strike against their own employer--the primary employer-their purpose usually is to disrupt his operations in the hope that economic pressure will persuade or coerce him to meet their demands. They may picket the primary employer's premises in order to publicize the strike or to try to persuade fellow employees to join it; and even if the picketing induces third persons not to deal with the primary, the employees' activity constitutes protected primary picketing. If the goal of the striking employees is in fact to publicize the strike and to persuade their co-workers, they will naturally …

Deferred Compensation - Qualified And Nonqualified: A Legislative Perspective Through The Tax Reform Act Of 1969, Gerald H. Sherman

William & Mary Law Review

No abstract provided.

Re United Steelworkers And Vulcan Containers (Canada) Ltd, Innis Christie, C Gareau, N E. Wrycraft

Innis Christie Collection

Employee Discharge alleging unjust discharge. Determination of quantum of damages.

AWARD:

In an award dated November 21, 1969, this board ordered the grievor to be reinstated in employment with compensation for loss of income except for wages she would have received in the first two weeks following her discharge by the company. Mr. Wrycraft dissented. The majority award stated that the grievor was subject to a duty to mitigate her losses so that any actual earnings and an amount equal to any earnings that she could have had if she had made a reasonable and prudent effort to find other …

Income Tax--Tax Status Of Employer Financed Scholarships, Henry E. Riffe

West Virginia Law Review

No abstract provided.

Indemnity Actions Against The United States Under The Exclusive Liability Provision Of The Federal Employees' Compensation Act.

Washington and Lee Law Review

No abstract provided.

Employment Contracts—Covenants Not To Compete: Inseverable And Unreasonable Covenants Not To Compete May Be Enforced To A Reasonable Extent.—Wood V. May, 73 Wn. 2d 307, 438 P.2d 587 (1968), Anon

Washington Law Review

Plaintiff-employer sought to prevent defendant-employee from competing with him in the horseshoeing business within a proscribed area and time as set forth in an employment agreement between them. The trial court found the area of restriction to be excessive and thus unreasonable and refused to modify the covenant not to compete. It held that the unreasonable restriction was not severable from the remainder of the covenant and that the whole covenant was thus unenforceable. Plaintiff appealed, claiming error in the findings of unreasonableness and indivisibility and in the refusal to modify or enforce the covenant. The Washington Supreme Court upheld …

Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review

Michigan Law Review

Litigation arising in connection with the recent bankruptcy of Turney Wood Products, Inc., has brought into issue the general problem of the operation of a bankrupt employer under the federal labor laws. The provisions of both the federal labor laws and the Bankruptcy Act are clear in purpose, but in areas of their interaction they have produced jurisdictional confusion. The situation presented to a single court by the cases arising from the Turney Wood Products bankruptcy provided an ideal vehicle to resolve much of that confusion; in fact, the parties involved viewed it as a test-case situation. But the resulting …

Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review

Michigan Law Review

This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.

Union Fines And Picket Lines: The Nlra And Union Disciplinary Power, James B. Atleson

Journal Articles

No abstract provided.

Maritime Personal Injury: The Ramifications Of Burnside, Terry B. Light

William & Mary Law Review

No abstract provided.

Re United Steelworkers, Local 4820, And Haley Industries Ltd, Innis Christie, D M. Storey, D Churchhill-Smith

Innis Christie Collection

Employee grievance alleging a breach of the collective agreement dated January 9, 1968, in that the company assigned overtime work taking inventory to an employee who did not normally perform such work rather than assigning it to the grievor who did normally perform such work. The grievor seeks compensation for twelve hours work at time and one-half.

Re United Electrical Workers, Local 523, And Welland Forge Ltd, Innis Christie, S Bullock, E J. Orsini

Innis Christie Collection

Employee Grievance alleging failure to pay full pay for certain holidays.

The facts:

There was no real dispute between the parties about the facts. I should perhaps note at the outset that in its written statement of facts submitted to the board the union treats both grievances as relating to the July 1st holiday. The com-pany's statement of facts, on the other hand, treats McHarg's grievance as relating to the August 4th holiday. McHarg's grievance form itself does not indicate to which holiday it relates. He was sick for both of them and it is a reasonable inference that his …

Reports, Awards And Opinions 1970-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Associated Press, DuArt Film Laboratories, Inc., and General Electric Company.

Reports, Awards And Opinions 1970-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Metropolitan Taxicab Board of Trade.

Reports, Awards And Opinions 1970-3, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of The City of New York Fire Department, The Outlet Company, and Pabst Brewing Company and Local 153, IBT.

Labor Law - Decertification - Union Discipline, Leonard Zapler

Duquesne Law Review

The National Labor Relations Board has held that the union commits an unfair labor practice under Section 8(b)(1)(A) of National Labor Relations Act when it fines a member who is attempting to institute decertification proceedings against it, because the fine is not only a punitive measure which inhibits access by the member to the processes of the Board but is also an ineffective deterrent to decertification.

International Molders and Allied Workers Union, Local 125, AFL-CIO (Blackhawk Tanning Co., Inc.). 178 N.L.R.B. No. 25, 72 L.R.R.M. 1049 (1969).

The Law Of Picketing In Alberta, Innis Christie

Innis Christie Collection

The author discusses the law of picketing with special emphasis on cases decided in Alberta and on the peculiarities of the Alberta labour legislation. The law relating to picketing is considered in two categories: Picketing in support of unlawful strikes and picketing in support of lawful strikes. In this context the author discusses when picketing can be enjoined or give rise to damage actions. The author recommends a rational assessment of when, where and how picketing should be allowed in the context of the Canadian system of collective bargaining, with less reliance in the control of picketing on the torts …

Enforcement Of Equal Employment Opportunity Under The Civil Rights Act: How About Cease And Desist Powers?, Elmer S. Beatty

Duquesne Law Review

No abstract provided.

Employment Contracts - Restrictive Covenants, Joseph B. Green

Duquesne Law Review

The Pennsylvania Supreme Court has held, in a case of first impression, that a restrictive covenant limiting an employee from practicing optometry within a radius of six miles from the office of his employer for a period of three years from the termination of his employment would not be enforced by an injunction where the three-year period had long since expired and the employer had sold his practice.

Hayes v. Altman, 438 Pa. 451, 266 A.2d 269 (1970).

Dr. Theodore L. Altman, an optometrist, went to work under a written agreement, as an assistant to Dr. Thomas A. Hayes, …

Labor Law - Federal Courts - Labor Management Relations Act, 1947 - Suits Under § 301(A) To Enjoin Strikes In Breach Of A No-Strike Agreement, Richard I. Thomas

Duquesne Law Review

The Supreme Court of the United States has held that a federal court may enjoin a strike which violates the no-strike provision of a collective bargaining agreement if that agreement contains a mandatory grievance-arbitration procedure.

Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970).

In the Boys Market case, the Supreme Court of the United States once again considered the effect of § 4 of the Norris-LaGuardia Act on an action brought in federal court under § 301(a) of the Labor Management Relations Act, 1947 to enjoin a strike which violates the no-strike clause of …

On The Waterfront At The Pier’S Edge: The Longshoremen’S And Harbor Worker’S Compensation Act, George P. Smith Ii

Scholarly Articles

The law relating to longshoremen's remedies abounds with surprising anomalies, hyper-technical distinctions, and bits and pieces of judicial legislation. This situation stems largely from deficiencies in the Longshoremen's and Harbor Workers' Compensation Act of 1927, an inherently inadequate statute greatly distorted by recent judicial interpretation.

Comment, A Primer To Procedure And Remedy Under The Title Vii Of The Civil Rights Act Of 1964, Roger C. Hartley

Scholarly Articles

Title VII of the Civil Rights Act of 1964, Pub. L. 88-352, Title VII, July 2, 1964, 79 Stat. 253, 42 U.S.C. 2000e et seq. [Hereinafter cited as Title VII], is intended to eliminate employment discrimination because of race, color, religion, sex, or national origin. Title VII was enacted on July 2, 1964 but its substantive provisions did not take effect until July 2, 1965. Since that time, there have been more than two hundred published federal court decisions involving private enforcement actions brought under Title VII.

The single most significant impression one draws from reading the decisions in Title …

The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs

Villanova Law Review (1956 - )

No abstract provided.

Appropriate Subjects For Bargaining In Local Government Labor Relations, William J. Kilberg

Maryland Law Review

No abstract provided.

Behavioral And Non-Behavioral Approaches To Nlrb Representation Cases, Thomas O. Magan

Indiana Law Journal

No abstract provided.

Political Rights Of Government Employees, Donald H. Buckley

Cleveland State Law Review

There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …

Rights And Responsibilities Of The Employed Inventor, John C. Stedman

Indiana Law Journal

No abstract provided.

Dispute Settlement In The Public Sector, Harry H. Rains

Buffalo Law Review

No abstract provided.