Labor and Employment Law Commons^™

Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review

Michigan Law Review

Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …

The Wage Priority Issue: Formula For Consensus, Gary D. Spivey

Indiana Law Journal

No abstract provided.

Remedial Effectuation Of The Policies Of The Nlra, Edwin A. Harper

Indiana Law Journal

No abstract provided.

Constitutional Law - Equal Protection - Duplication Of Unemployment And Workmen's Compensation Benefits - Fox V. Michigan Employment Security Commission, 153 N.W. 2d 644 (Mich. 1967), Michael Collins

William & Mary Law Review

No abstract provided.

Vertical Conflicts: The Role Of State Law In Suits Under Section 301, Edward J. Hardin, Joseph C. Miller

Vanderbilt Law Review

One of the most difficult practical problems posed by our federal system arises when the judicial institutions of one law-making authority are enlisted to enforce and protect rights created by another. While the United States Supreme Court through its appellate jurisdiction is the institution charged with the final responsibility for overseeing a satisfactory solution to this problem, and while the Court can indicate how competing interests are to be harmonized in specific controversies and provide some principles which may be useful in different contexts, it cannot review every state 301 suit. In the long run, success depends upon the earnest …

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

Employee Grievance seeking compensation for loss of wages due to unjust discharge.

The broad issue before us is whether the company is liable to compensate the grievor for wages lost during the whole period of six weeks for which he was unemployed. The general principle, stated at the end of our award on the merits in this matter, is that the grievor must have taken all reasonable steps to minimize his loss. The company pressed the argument that not only the grievor but the union as well must have taken all reasonable steps to minimize the grievor's loss. This board …

Re United Automobile Workers And Kelvinator Of Canada Ltd, Innis Christie

Innis Christie Collection

The collective agreement provided that "only such time as is neces­sary will be consumed by [union committeemen] during working hours in order to attend to the processing of grievances". The grievor, a union committeeman, received the necessary permission to leave his work in order to assist in the formation of an employee's grievance, but was informed by management that it was not permitted actually to write up the grievance on company time. Held, by the sole arbitrator, "processing of grievances" included getting a grievance into writing where necessary. If a committeeman were to abuse his right, then the company had …

Re United Food Processors Union, Local 483 And Canada Starch Co (Mckay), Innis Christie, D L. Guthrie, George Barron

Innis Christie Collection

Employee grievances, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work to a probationary employee and requesting payment of overtime. It was agreed by the parties that the result in the McKay grievance would be accepted as governing the two McLaughlin grievances.

Union Trusteeship Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959, J. Ralph Beaird

Scholarly Works

With the passage of the Labor-Management Reporting and Disclosure Act of 1959, Congress embarked upon a policy of substantial federal regulation of internal union affairs. Prior to this enactment, the impact of law on this area had been determined largely by state courts with only a modicum of legislative guidance. In formulating the LMRDA Congress was greatly concerned with determining where to draw the line between necessary democratic safeguards and the preservation of union self-determination. This concern was particularly evident in drafting Title III which deals with union trusteeships. While Congress framed Title III from a somewhat limited informational base, …

Re Ass'n Of Radio & Television Employees And Canadian Broadcasting Corp, Innis Christie, M L. Levinson, J W. Healy

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Award (in part)

It is widely accepted by labour arbitration boards in Ontario that the onus of proving "just cause" is on the company in dismissal cases, where the collective agreement contains the usual provision and there is no practice to the contrary clearly established between the parties. See for example Re Int'l Ass'n of Machinists, Local 749, and Timken Roller Bearing Co. (1952), 4 L.A.C. 1262 (E.W. Cross, C.C.J., chairman); Re United Brewery Workers and Dow Kingsbeer Brewery Ltd. (1958), 8 L.A.C.198 (B. Laskin, chairman), and Re U.E.W., Local 504, and Canadian …

Re United Food Processors Union, Local 483 And Canada Starch Co (Buker), Innis Christie, J L. Mcdougall, George Barron

Innis Christie Collection

Employee grievance, pursuant to the Collective Agreement between the parties effective May 28, 1967, alleging improper assignment of work and requesting call-back pay of 4 hours at the regular rate of pay.

Conflict Of Interest, Edward Perry Johnson

West Virginia Law Review

No abstract provided.

Labor Law--Public Employee's Right To Strike, Peter Thomas Denny

West Virginia Law Review

No abstract provided.

Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart

Michigan Law Review

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …

Re United Brewery Workers, Local 173, And Carling Breweries Ltd, Innis Christie

Innis Christie Collection

Employee Grievance requesting assignment to vacant job.

The facts:

This grievance arises because the job of fork-lift truck mechanic was given to Lloyd LaCombe who had less seniority than does the grievor William Reidel. LaCombe was and is classified as a mechanic "B". Reidel is an oiler. John Futter, who had been the fork-lift truck mechanic for 11 years before he quit, was classified as a mechanic "B". The job is a desirable one because it is a steady day job.

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

The grievor, an employee in the construction industry, was dis­charged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not estab­lished here. In the construction industry, where foremen …

Re Int'l Union Of Electrical Workers, Local 510, And Phillips Cables Ltd, Innis Christie, D M. Storey, J J. Cowan

Innis Christie Collection

Employee Grievance alleging improper lay-off.

The facts:

A statement of the facts upon which this grievance arose has been agreed to by the parties.

At approximately 3:30 p.m. on October 5, 1967, a power inter­ruption cut off the supply of water to a portion of the company's Brockville plant and the company was informed that this situ­ation was not likely to be corrected before morning. The compa­ny therefore, at 6 p.m. on October 5, 1967, sent home four tuber operators whose machines were affected by reduced air pressure. These operators were the grievors John Link, W. Skelton, James Donaghue and …

The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch

University of Michigan Journal of Law Reform

This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …

Recent Developments In The Creation Of Effective Remedies Under The National Labor Relations Act, Michael H. Stephens

Buffalo Law Review

No abstract provided.

Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review

Michigan Law Review

The NLRB has sought such judicial assistance in almost a dozen cases, and in most of these the courts have assumed an active role in the enforcement of the Excelsior rule. However, a few courts have not been receptive to such enforcement, and the NLRB itself has experienced some difficulty in settling upon the proper grounds for requesting judicial aid. To date, the NLRB has advanced two theories as bases for court enforcement of the requirement that employers produce Excelsior lists: (I) it has sought-under section 1337 of the Judicial Code-to invoke the general jurisdiction of federal district courts to …

Collective Bargaining: A Management View, Robert Abelow

Vanderbilt Law Review

In the area of grievance and arbitration machinery, unions are demanding protection against damage claims and court actions and insisting that arbitration be the sole and exclusive remedy for all disputes. Not only are unions insisting upon arbitration of grievances arising under the contract, but they are also insisting upon arbitration of other types of disputes growing out of the relationship between the parties, whether covered by the contract or not. Unions also seek immunity from damage claims in the event of so-called "wildcat strikes" and fiercely resist provisions which would enable management to obtain relief from courts when "no-strike" …

Duty To Bargain On A Decision To Terminate Or Relocate Operations

Washington and Lee Law Review

No abstract provided.

Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)

William & Mary Law Review

No abstract provided.

Re Stereotypers & Electrotypers Union Local 50 And The Ottawa Citizen, Innis Christie, S E. Dinsdale, Larry Sheffe

Innis Christie Collection

This grievance, pursuant to the Collective Agreement between the parties effective July 1, 1966 to December 31, 1968, alleges that the Company has failed to pay the proper rate of overtime for certain work done on the night of June 26-27, 1967 and requests that the employees involved be compensated.

Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review

Michigan Law Review

In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …

Re Int'l Ass'n Of Machinists And Gabriel Of Canada Ltd, Innis Christie, M Tate, J W. Healy

Innis Christie Collection

Employee Grievance alleging improper demotion. Only the portions of the award dealing with a preliminary objection are published.

Preliminary objection:

On a preliminary objection Mr. Williamson argued that there was no basis under the collective agreement upon which this board of arbitration could interfere with the company's decision to demote the grievor for lack of skill and ability. Article 3, it was argued, puts the matter entirely in the hands of the company.

Reports, Awards And Opinions 1968-1, 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 P. Ballantine & Sons, Boston Edison Company, and Brooklyn Jewish Hospital, among others.

Reports, Awards And Opinions 1968-3, 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 Hale Company, Inc., Lavin -- Charles of the Ritz and R.H. Macy & Company, Inc., among others.

Reports, Awards, And Opinions 1968-4, 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 R. H. Macy and Company, New York City Taxi Deivers Union and United Steel Workers of America, among others.

Reports, Awards And Opinions 1968-2, 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 Celanese Fibers Company, Fabergé, and the Great Atlantic and Pacific Tea Company, among others.