Labor and Employment Law Commons^™

Table Of Contents, Poletti, Freidin, Prashker & Gartner, Eric J. Schmertz

Volume II 1968-1984

No abstract provided.

Volume 2, Eric J. Schmertz, Poletti, Freidin, Prasher & Gartner

All Volumes

This collection presents arbitration and NLRB decisions from 1968-1984 between major film laboratories and film processing companies including Consolidated Film Industries, Movielab, DuArt Film & Video and their unions.

Volume Ii 1968-1969, Poletti, Freidin, Prashker & Gartner

Volume II 1968-1984

No abstract provided.

Collective Bargaining In Canada, Innis Christie

Innis Christie Collection

The small body of Canadian legal literature is greatly strengthened by the publication of Dean Carrothers' major work. Students and teachers of labour law and practitioners in the field have found Collective Bargaining Law in Canada to be a most welcome addition to the author's already extensive writing in the field.

Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo

Duquesne Law Review

At the heart of every representation election campaign lie the communications made by either side to the electorate-the stream of handbills, speeches, conversations and letters that seek to influence the final decision of the voters. It is through these partisan messages that employees obtain the bulk of information from which they must make a reasoned choice in accepting or rejecting unionization. On the one hand, limits have been imposed to restrict the content of what may be said by either party, while on the other, rules have been laid down to guarantee both employers and unions a reasonable opportunity to …

Labor Law—Unemployment Compensation—Applicable Disqualification Provision Where Claimant Is Discharged For Breach Of A No-Strike Clause, Stuart B. Bedell

Buffalo Law Review

Claim of Heitzenrater, 19 N.Y.2d 1, 224 N.E.2d 72, 277 N.Y.S.2d 633 (1966).

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.

Collective Bargaining Without Work Stoppages?, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson

Kentucky Law Journal

No abstract provided.

Labor Law—Nlrb's Lack Of Remedial Power In A Runaway Plant Situation, Charles J. Scibetta

Buffalo Law Review

Local 57, Garment Workers v. NLRB (Garwin Corp.), 374 F.2d 295 (D.C. Cir. 1967).

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

The Rational Regulation Of Union Restrictive Practices, Theodore J. St. Antoine

Book Chapters

Power begets regulation. As union strength grew during recent decades, the federal laissez-faire policy of Norris-LaGuardia and the original Wagner Act gave way to increasingly tighter controls under Taft-Hartley and Landrum-Griffin. Considering the favored position of economic efficiency in our national ethos, it is not surprising that a significant portion of the new controls were directed at union practices which were thought to impede the fullest utilization of employers' productive resources. From time to time, however, thoughtful observers have questioned whether our legal regulation of union activity was properly attuned to the actual needs and economic power of labor and …

The Authorization Card Dilemma, Michael F. Rosenblum

Villanova Law Review (1956 - )

No abstract provided.

The Negro And Fair Employment, Irving Kovarsky

Kentucky Law Journal

No abstract provided.

Contract Interference By Previous Employer, Robert I. Bendis

Cleveland State Law Review

Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …

Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt

Kentucky Law Journal

No abstract provided.

Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs

Articles & Book Chapters

To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.

Obligations Of Successor Employers: Recent Variations On The John Wiley Theme, R. F. M., Jr

Georgia Law Review

In past decisions the Supreme Court has emphasized the central role of arbitration in effectuating national labor policy.' Pursuant to its concern the Court in John Wiley & Sons Inc. v. Livingston held

that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement, and that, in appropriate circumstances, present here, the successor employer may be required to arbitrate with the union under the agreement.

The Court's historic pronouncement in Wiley was based on derogation of common law …

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …

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

Georgia Law Review

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 in-formational base, …

The Use Of Tests In Promotions Under Seniority Provisions, Aubrey L. Coleman, Jr.

Vanderbilt Law Review

The testing requirements enunciated by the 1964 Civil Rights Act and the Equal Employment Opportunity Commission to eliminate certain types of discrimination through tests will assuredly have application in the further development of sound, overall testing programs for all employees. While at present very few contracts have provisions with respect to testing, undoubtedly most future agreements will. This development should reduce the number of disputes, since requirements now imposed by arbitrators will be written into bargaining agreements. While there will still be disagreements over whether the tests were properly evaluated, controversies as to whether the tests are specifically related to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election

Admiralty - Maintenance And Cure Of Seamen - Right To Contribution Between Shipowners For Co-Existing Obligation - Gooden V. Sinclair Refining Co., 378 F.2d 576 (3rd Cir. 1967), Thomas G. Horne

William & Mary Law Review

No abstract provided.

Labor Relations--Court Enforcement Of Union Fines, Thomas M. Chattin Jr.

West Virginia Law Review

No abstract provided.

Public Interest Labor Disputes In Canada: A Legislative Perspective, H. W. Arthurs

Buffalo Law Review

No abstract provided.

The Implications Of Vaca V. Sipes On Employee Grievance Processing, Gary H. Feinberg

Buffalo Law Review

No abstract provided.

Plant Relocation: Viewed After Denial Of Enforcement Of Board's "Runaway Shop" Remedy In Garwin, E. Walter Bowman

Vanderbilt Law Review

Plant relocation--the transfer of all or a portion of plant operations to another site--can present two distinct categories of labor relations problems: (1) unfair labor practice problems under the National Labor Relations Act ("runaway shop" problems); and (2) problems of interpreting and applying a collective bargaining agreement.' While this note deals mainly with plant removal as an unfair labor practice, unionized employers must consider both problems carefully before embarking upon a relocation of operations. Miscalculations or ignorance of the consequences of certain relocation procedure can result in the imposition of liability sufficient to cause the employer to rue the day …

Re United Steelworkers Of America, Local 4444, And Stanley Steel Co Ltd (Hamilton Plant), Innis Christie, W Stetson, E J. Orsini

Innis Christie Collection

The company assigned non-bargaining unit employees to the tasks involved with inventory taking. The collective agreement provided that

"Supervisors will not do work ordinarily performed by bargain­ing unit employees, except —

(a) Instruction and training of employees.

(b) Emergency work necessary to maintain an uninterrupted flow of production."

Held, by a majority of the board of arbitration, W. Stetson dissenting, the grievance was dismissed. Inventory taking is not "work ordinarily performed by bargaining unit employees". While some of the regular operations of the grieving bargaining unit employees may have been performed incidentally to the inventory taking, this does not …

The Test For Craft Severance

Washington and Lee Law Review

No abstract provided.

Promissory Estoppel And Oral Employment Contracts

Washington and Lee Law Review

No abstract provided.