Labor and Employment Law Commons^™

Protection Of Individual Rights In Collective Bargaining: The Need For A More Definitive Standard Of Fair Representation Within The Vaca Doctrine, David J. Griffith

Villanova Law Review (1956 - )

No abstract provided.

Labor Union Group Legal Service For Members, Eugene Green

Cleveland State Law Review

The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.

Public Employees' Right To Strike, Marc J. Bloch

Cleveland State Law Review

In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.

Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein

Cleveland State Law Review

BOOM BACKLASH made recent headlines in the May 26th issue of The Wall Street Journal. The sub-heading, "Efficiency Falls and Pay Training Costs Increase as Labor Supply Shrinks" delves into the heart of industrial engineering. This represents, also, an expansive and enigmatic economic problem which is now confronting employers in northern Ohio and western Pennsylvania. It is the job of the industrial engineer to deal with the resulting problems of decreased productivity, contract erosion, and unbalanced labor relations.

Labor Relations Policy For Public Employees: A Legal Perspective, James R. Beaird

Georgia Law Review

GOVERNMENT is one of the fastest growing industries in the United States. Of a total nonagricultural work force in July 1968, of approximately 69 million persons, nearly twelve million were employed by government.' Approximately three million were employed at the federal level and almost nine million at the state and local levels. In Georgia, state and local governments employ 186,000 men and women. Estimates indicate that by 1975 11.4 million government employees will function at the state and local levels. Although strikes by public employees are universally considered un- lawful, strike idleness of government employees rose to 1.2 million man-days …

The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman

Indiana Law Journal

No abstract provided.

Constitutional Law—Commerce Clause—Federal Wage And Hour Regulation Of State Operated Facilities Within Power Granted To Congress In The Commerce Clause, Theodore S. Kantor

Buffalo Law Review

Maryland v. Wirtz, 392 U.S. 183 (1968).

Federal Restrictions Of Wage Garnishment: Title Iii Of The Consumer Protection Act, David L. Cocanower

Indiana Law Journal

No abstract provided.

National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit

University of Richmond Law Review

In the National Labor Relations Act it is the stated policy of the United States to encourage the collective bargaining process. This article submits that in order to effectuate such a policy, a recognition of the nature and basic need of the union in a procedure involving three parties is vital.

Arbitration As A Remedy In Labor Disputes, William F. Powers

Cleveland State Law Review

The object of arbitration is the final disposition of the dispute in a non-technical, less expensive and more expeditious manner, by persons having expertise in labor management relations. Labor arbitration should not be categorized as a substitute for litigation.

Wage Garnishment Should Be Prohibited, William T. Kerr

University of Michigan Journal of Law Reform

Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man's wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the "debtor-spiral" of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned …

Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review

Michigan Law Review

The principal case emphasizes the general conflict between an employee's right of self-organization under section 7 of the NLRA and the employer's right, as a property owner, to control access to his plant premises. Face-to-face contact between employees and trained union organizers at the workplace would undoubtedly be the most effective way for the union to impart organizational information to the employees. But this assumption overlooks the legitimate interests of the employer; to permit organizational activities in all parts of the plant at any time would be unduly destructive of both plant production and discipline and could result in the …

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

Foreword, James R. Beaird

Georgia Law Review

This symposium issue brings together a collection of papers notable for diversity of subject matter as well as for point of view. Yet all relate to what is generally referred to as our National Labor Policy. A quick glance through this issue will remind the reader of the many faceted nature of this policy. A more careful study will make clear that its content, whether expressed by Congress, an administrator or an administrative board, is simply the balance that evolves from the continuing effort to blend national purpose with economic change.

In 1938, the Fair Labor Standards Act' became a …

New And Novel Remedies For Unfair Labor Practices, John H. Fanning

Georgia Law Review

My topic is the need for new and novel remedies for unfair labor practices. I do not mean to suggest that there is no such need, but I would, before going any further, like to put it into perspective. The case load of the National Labor Relations Board (the Board) has been rising steadily, being over 30,000 cases per year at the present time, a development which should concern all of us. About 17,000 of these cases involve alleged unfair labor practices. That number, in it- self, seems to suggest that the Board is not successfully accomplishing its purpose. But …

Obligation To Bargain On Basis Of A Card Majority: Recognition Of Unions Through Authorization Cards, Jacob Sheinkman

Georgia Law Review

THE controversy over the use of union authorization cards to support an order of the National Labor Relations Board (the Board) directing union recognition has become one of the most heated areas in labor law today. The veritable tempest, however, is in a proverbial teapot, for the overwhelming majority of questions concerning repre- sentation before the Board are resolved through the election process. In fiscal year 1967, the Board conducted 8,116 elections and issued only 157 bargaining orders based on a card majority, a fraction under merely two percent. Of these 157 cases, all but 16 involved employers whose commission …

The Obligation To Bargain On The Basis Of A Card Majority, Melvin J. Welles

Georgia Law Review

THE purpose of this paper, as the title indicates, is to discuss an employer's legal obligation under the National Labor Relations Act (the Act) to bargain with a union which has obtained authorization cards from a majority of the employees in an appropriate unit. I am assuming throughout this paper that the union's authorization cards are authentic, that they are unambiguous cards, that the signers understand the cards, and that the union obtained them without coercion, fraud, misrepresentation, or indeed any suggestion to the signers that the cards were for any purpose other than to authorize the union to represent …

Current Problems In The Administration Of Wage-Hour Laws, Harold C. Nystrom

Georgia Law Review

WHENEVER extensive amendments such as those effective last year are made to general wage and hour legislation, such as the Fair Labor Standards Act which applies to businesses of all kinds, large and small, throughout the nation, a great variety of new problems in administration of the law arises concerning the meaning and application of the new and amended provisions in the many fact situations involved in the operation of different businesses. In order to administer the law, the Department of Labor has to consider the possible alternatives in interpreting the scope and meaning of the terms used, and must …

The Impact Of Tides I-Vi Of The Landrum-Griffin Act, Frank M. Kleiler

Georgia Law Review

THE Labor-Management Reporting and Disclosure Act of 1959 (commonly known as the Landrum-Griffin Act) is much more than its name implies. Besides the reporting and disclosure requirements, the statute contains a "Bill of Rights"  for union members, enforceable by district courts of the United States upon actions brought by union members. The Act prevents abuses in the establishment and administration of trusteeships by labor organizations, prescribes minimum standards for election of union officers, imposes fiduciary responsibility upon union officers and certain others, makes embezzlement of union funds a federal crime, requires bonding for the handling of funds, limits loans from …

Practical Problems In The Handling Of Grievances And Labor Arbitrations, R. A. Levitt

Georgia Law Review

ESSENTIALLY, it will be my purpose to consider four principal questions, namely: (1) What is arbitration and what is it for? (2) When should management go to arbitration? (3) How should one go to arbitration-How should you prepare and try the arbitration case? (4) How can we improve the arbitration process? After considering these questions, I intend to consider several arbitration-related issues which are of considerable interest and importance to management. Among these subjects is the matter of so-called "voluntary" arbitration of new contract terms which has been the focus of considerable publicity and interest recently, especially in the last …

Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine

Reviews

If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …

Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt

Villanova Law Review (1956 - )

No abstract provided.

Foreword: Recent Developments In Labor Law, J. Ralph Beaird

Scholarly Works

This symposium issue brings together a collection of papers notable for diversity of subject matter as well as for point of view. Yet all relate to what is generally referred to as our National Labor Policy.

Legal Questions Of Successorship, H. Stephan Gordon

Georgia Law Review

LONG before the United States Supreme Court in 1964 handed down its now celebrated Wiley decision,' drawing attention to the problems of successorship in the field of labor law, the National Labor Relations Board (the Board) on frequent occasions had to wrestle with these problems under the National Labor Relations Act (the Act). The Board's shift of position over the years on one of the two chief successorship issues-the liability of a successor to remedy the predecessor's unfair labor practices - is indicative of the legal and practical difficulties inherent in this issue. In recent years, the increasing number of …

Obligation To Bargain On Basis Of Card Majority: Some Thoughts On The Board's "Decision" In Levi Strauss, Or New Straws In Support Of Cumberland Shoe, Harry L. Browne

Georgia Law Review

FOLLOWING what must have been a deflating series of reversals by the court of appeals in Cumberland Shoe "card-check" cases, and shortly after the Supreme Court declined to review the Fourth Circuit's section 8(a)(5) decision in Crawford Manufacturing Co. v. NLRB, 2 the Board in Levi Strauss & Co. reasserted its independence from the mainstream or consensus of the judiciary and restated its arguments for resisting attacks on authorization cards when solicitor representations or misrepresentations are involved. As the Board acknowledged, Levi Strauss involved nothing unique, but

because their validity [Board principles] has been questioned by some courts and in …

Dockside Injuries Under The Longshoremen's And Harbor Worker's Compensation Act, E. D. R., Jr.

Georgia Law Review

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation:

"in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workman's compensation proceedings may not validly be provided by State law."

Since the purpose of the Act was to cover injuries not compensable under …

Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review

Michigan Law Review

The conventional National Labor Relations Board (NLRB) remedy against an employer who has violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with a properly certified union is a cease-and-desist order coupled with a directive ordering the employer to bargain with the union at the union's request. However, the interval between an employer's initial refusal to bargain and the final entry of a court of appeals' decree enforcing the NLRB's order to bargain has often been of such long duration that unions have complained that the conventional remedy is relatively meaningless and ineffective. The unions' …

Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review

Michigan Law Review

Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …

Common Situs Picketing And Section 8(B)(4) Of The National Labor Relations Act, Michael A. Brodie

William & Mary Law Review

No abstract provided.

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Articles

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …