Labor and Employment Law Commons^™

The Right Of Wyoming State And Municipal Employees To Organize, Receive Exclusive Recognition, And Bargain Collectively, William L. Corbett

Faculty Law Review Articles

This article outlines the rights of persons employed by the State of Wyoming and its political subdivisions to organize, to have the organization obtain exclusive recognition, and to bargain collectively under existing Wyoming legislation and federal and state constitutional provisions.

The Philadelphia Plan And Strict Racial Quotas In Federal Contracts, Paul Marcus

Faculty Publications

No abstract provided.

Foreword-A Labor Court Of Appeals?, William B. Spann, Jr.

Georgia Law Review

THIS symposium issue brings together a collection of papers presented at the Sixth Annual Labor Relations Institute. These papers are notable both for diversity of subject matter and for divergent points of view. From the beginning the Institute has presented in depth discussions of most timely issues, and this collection of papers emphasizes that objective. The Institute has always sought to make a balanced presentation of the positions of management, of labor and of those officials who administer the law. Indeed, if such a balance was not accomplished, the Institute would not be worthwhile.

Labor-Management Relations In The Federal Service And The New Executive Order 11491, W. J. Usery, Jr.

Georgia Law Review

ON October 29, 1969, President Richard Nixon signed Executive Order 11491 entitled "Labor-Management Relations in the Federal Service."' This Order marks a significant change in employee- management relations in the federal government. It replaces Executive Order 10988, issued in January 1962, which established the initial formal federal employee-management relations policy. The new Order was the result of extensive study and a lengthy review process which commenced in the fall of 1967 and was brought to a close in August 1969. It reflects a major advance toward the realization of a truly bilateral relationship between federal agency managers and federal employees …

Federal Contract Compliance In Phase Ii- The Dawning Of The Age Of Enforcement Of Equal Employment Obligations, James E. Jones, Jr.

Georgia Law Review

TODAY's student activists, bright, concerned, mistrustful of the over-thirty generation, are quick to challenge the relevance of yesterday's comfortable conventional wisdom and to call in question the efficacy of our entire system, as well as its legal subsystems, as a viable instrument for assuring justice to the people. Not only is the integrity of the older generation suspect, but the very capacity of our legal institutions for bringing about social change is often under attack. In reflecting upon methods of response to these abrupt, and sometimes rude, attacks, one reaches for some acceptable analytical tool, or construct, to measure, or …

Laidlaw-The Mackay Legacy, Peter W. Hirsch

Georgia Law Review

IN 1938, a few short years after the enactment of the National Labor Relations Act,' and only one year after the constitutionality of the Act had been upheld, 2 the Supreme Court resolved a fundamental question concerning the extent to which the Act protected employees in their exercise of the right to strike. In NLRB v. Mackay Radio & Telegraph Co.," the Supreme Court held that an employer, in order to carry on his business, could lawfully hire permanent replacements for his employees who were engaged in an economic strike, and that the employer was under no obligation to create …

Litigation Versus Mediation Under Title Vii Of The Civil Rights Act Of 1964, Theodore J. St. Antoine

Articles

Report of the 1969 Proceedings of the Section of Labor Relations Law, American Bar Association.

Employee Interrogation As Inherently Destructive Conduct: A New Approach, Howard D. Venzie Jr.

Villanova Law Review (1956 - )

No abstract provided.

Railway Labor Act - Carrier's Right To Resort To Self-Help In Major Disputes Prior To The Exhaustion Of Rla Procedures - National Airlines, Inc. V. International Association Of Machinists

Maryland Law Review

No abstract provided.

National Emergency Disputes-The Considerations Behind A Legislative Proposal, Laurence H. Silberman

Georgia Law Review

RECENTLY, the Nixon Administration sent to Congress a bill 1 designed to amend the emergency disputes procedures of our federal labor laws. This is the first time a President has sent such a proposal to Congress since the emergency disputes provisions were first written into law. My purpose shall be to discuss this proposal. In the early days of the Nixon Administration, we, in the Labor Department, were given a mandate to examine the emergency disputes provisions of our national labor laws. We began by asking ourselves how effective the present laws had been in providing a climate for the …

Labor Law Reform-The Nlrb And A Labor Court, Florian Bartosic

Georgia Law Review

THE G-- D --- Labor Board." That expletive, the title of ." a 1938 Fortune article,' has become an unceasing chant of protest over the years. Today, as in 1938, the National Labor Relations Board finds itself at the center of a whirlpool of criticism. This is not at all surprising in light of the Board's mandate to strike a balance between the conflicting motifs of the national labor policy. My personal experience has been that the Board welcomes constructive criticism. The familiar refrain of persecution and ordeal at the hands of the Board that runs through the perennial anti-Board …

Some Aspects Of The Lmrda Reporting Requirements, James R. Beaird

Georgia Law Review

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. An additional attribute of this device has been pointed out by Professor Clyde Summers:

Collective bargaining . . . was historically conceived as something more than an ingenious gimmick of …

Issues And Practical Problems Caused By Fleetwood Trailer And Laidlaw Manufacturing, Guy Farmer

Georgia Law Review

THE Court and Board decisions in Fleetwood Trailer Co. and Laidlaw Corp. present an interesting study in judicial and administrative policy making. This is a subject which has claimed the attention of the Senate Subcommittee on Separation of Powers and led to an extensive investigation and a recent report in which the Sub- committee concluded that both the Board and the Supreme Court have engaged in legislative policy making in the labor field.While not addressing itself to these particular decisions, the Subcommittee could have found in Fleetwood and Laidlaw the same familiar pattern of administrative and judicial exercise of legislative …

The Supreme Court Looks At Bargaining Orders Based On Authorization Cards, Elihu Platt

Georgia Law Review

LANDMARK decisions often tend to engender further debate. The Supreme Court's decision in NLRB v. Gissel Packing Co., upholding the authority of the Labor Board to issue bargaining orders on the basis of union authorization cards, is no exception. In the after- math of that decision, many conflicting views are being expressed. Admittedly, some questions still remain open, while other questions of at least equal, if not greater, significance have been finally adjudicated. Discussion is healthy as to both types of questions, particularly as to those for which ready answers are not yet available. It has been said-and in a …

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.

Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey

University of Michigan Journal of Law Reform

When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …

New York Minimum Wage Act For Migrant Workers, Karen E. Kuntz

University of Michigan Journal of Law Reform

The abject state in which most migrant workers in this country exist has recently become a matter of national concern. The increasing stridency of the migrants, personified by César Chavez in California, has resulted in recognition of the need for legislative assistance to rescue them from their plight. The migrant worker is unable to help himself, being burdened by a low annual income and an education level of only eight and a half years in school. In New York, the migrant's situation is aggravated by the powerful position of the crew leader or "farm labor contractor," who often determines workers' …

Industrial Health And Safety: The Need For Extended Federal Regulation, J. Michael Harrison

University of Michigan Journal of Law Reform

It is the purpose of this article to raise and answer these questions: (1) Is the current level of injury frequency on the job unsatisfactory? (2) If so, can this level of injury frequency be reduced through more effective industrial safety regulation? (3) To what extent and for what reasons have existing regulatory programs, both public and private, succeeded in reducing frequency rates? (4) In what manner, if at all, should the Federal Government extend its regulation of industrial safety? An affirmative answer to the first two questions is preliminary to the other inquiries. It will be worthwhile to proceed …

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …

Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review

Michigan Law Review

In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …

Book Notes, Law Review Staff

Vanderbilt Law Review

Debtors in Court: The Consumption of Government Services

By Herbert Jacobs. Chicago: American Politics Research Series, Rand McNally & Co., 1969, Pp. xv, 244.

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The Infamous of Nuremberg

By Col. Burton C. Andrus

London: Leslie Frewin, 1969. Pp. 211. $4.00

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Labor and the Legal Process

By Harry H. Wellington

NewHaven: Yale University Press, 1968. Pp. viii, 409. $10.00.

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Obscenity and Public Morality

By Harry M. Clor

Chicago:University of Chicago Press, 1969. Pp. xii, 315. $9.50.

Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review

Michigan Law Review

In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.

Minority Unionism: Exclusive Recognition, Conditional Recognition, And Members-Only Recognition In Light Of The Garment Workers Rule, John C. Sours

William & Mary Law Review

No abstract provided.

Re Textile Workers Union And Lady Galt Towels Ltd, Innis Christie

Innis Christie Collection

Employee Grievance alleging improper filling of posted vacancy.

The issues: The first issue is: under this collective agreement, who determines whether the employees have "relatively equal qualifications"? Second, what is the meaning of the phrase "relatively equal" qualifications? Third, who bears the onus of proving that qualifications were or were not relatively equal? Fourth, what are the qualifications required for the job here in question? Fifth, and finally, were the grievor's qualifications "relatively equal" to those of the employee who got the job?

Re International Association Of Machinists, Lodge 717, And Orenda Ltd, Innis Christie, D Wren, D G. Pyle

Innis Christie Collection

Employee Grievance alleging failure by the company to provide weekly indemnity for non-occupational sickness.

The facts: On June 19, 1968, Mr. Garden, the grievor, went to Orenda's plant doctor for an examination. He was referred to his family doctor. That same day, and again on June 24th, he consulted Dr. W.K. Taylor who had been his doctor for some years. On June 25th, Dr. Taylor signed an "Attending Physician's Statement" for submission to the company in support of a claim by the grievor for weekly indemnity for non-occupational sickness. The statement noted under the heading "diagnosis" the following: "neurodermatitis both …

The Longshoremen's And Harbor Workers' Compensation Act: Jurisdiction Forced Ashore

Washington and Lee Law Review

No abstract provided.

Federal Employees Compensation Act-Measure Of Damages In Action Against Third-Party Defendant

Washington and Lee Law Review

No abstract provided.

Coalition Bargaining: The Expansion Of The Bargaining Unit

Washington and Lee Law Review

No abstract provided.

Labor Relations Policy For Public Employees: A Legal Perspective, J. Ralph Beaird

Scholarly Works

Because approximately one-sixty of the nation's nonagricultural work force are public employees and because labor strife in public employment is increasing each year, the need for thoughtful examiniation of public policy in this vital area is manifest. The purpose of this article is to provide a basic legal framework to which the labor relations posture of the public employee can be related. Hopefully this can be accomplished by focusing on two separate but related areas. One concerns the oft told story of the evolution of labor-management relations policy for the private sector, while the other deals withe the law's changing …

Re United Automobile Workers, Local 195, And Bendix-Eclipse Of Canada Ltd, Innis Christie

Innis Christie Collection

Union Grievance alleging failure by the company to provide medical insurance coverage in accordance with collective agreement.

Award:

Union grievance, pursuant to the collective agreement be­tween the parties dated August 7, 1968, alleging failure by the company to provide medical insurance coverage in accordance with art. 34:02 of the collective agreement.