Labor and Employment Law Commons^™

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

Innis Christie Collection

While the grievor received sickness and accident benefits during an absence from work due to injury, the company terminated his "Green Shield" coverage. The collective agreement provided that "In the event of a lay-off, strike, leave of absence, or any interruption of employment for reasons other than sickness and accident, all insur­ances shall be continued in force for one month following the last day of the month...".The same article also provided that in the event of absence due to sickness, certain listed benefits would be continued for a specified period. Green Shield coverage was not listed. In a separate provision …

The Role Of The Regional Director In Nlra Representation Cases, William T. Little

Indiana Law Journal

No abstract provided.

Respect For Picket Lines

Indiana Law Journal

No abstract provided.

Craft Severance: Nlrb's New Approach

Indiana Law Journal

No abstract provided.

Bargaining Orders For Employer Coercion: A Need For Consistency

Indiana Law Journal

No abstract provided.

District Court Review Of Nlrb Representation Proceedings, Stephen B. Goldberg

Indiana Law Journal

No abstract provided.

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

Innis Christie Collection

The company's policy was to not post job vacancies occurring in a certain group of jobs. In addition, the company did not in certain instances post job descriptions. The collective agreement provided that "When a job vacancy occurs in the bargaining unit, the company will post a notice on the bulletin board setting forth a description of the job". The collective agreement then went on to provide for a job bidding system. The union grieved. Held, the grievance was allowed. The company alleged that the relevant provision of the collective agreement was ambiguous and that it must be interpreted …

Effective Action In Equity To Insure Equal Job Opportunities: Ethridge V. Rhodes, Lewis M. Steel '63

Articles and Writings

No abstract provided.

The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon

Washington Law Review

Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …

The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon

Washington Law Review

Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …

Labor Law-Arbitration And Award-Judicial Review Of Labor Arbitration Awards Which Rely On The Practices Of The Parties, Michigan Law Review

Michigan Law Review

Modem collective bargaining agreements typically provide for private arbitration as the means of resolving disputes between employees and management over the interpretation and application of the agreement. In the event the arbitrator's decision is challenged in court by the adversely-affected party, the question of how much judicial deference should be given to the private ruling becomes of some importance. The Supreme Court has set out guidelines which purport to define the proper role of courts in such disputes-that role being for the most part one of judicial deference to arbitrator's decisions. Nevertheless, the appropriate scope of judicial review remains unclear. …

Labor Law-Prima Facie Tort Doctrine Bars Unreasonable Deprivation Of Union Membership-Hurwitz V. Directors Guild Of America, Inc., Michigan Law Review

Michigan Law Review

In July 1965 the officers of the Directors Guild of America (DGA) and the Screen Directors International Guild (SDIG) concluded a merger agreement which provided that DGA was to be the surviving union and SDIG members were to become members of DGA automatically upon signing the DGA non-Communist loyalty oath. Although the SDIG membership ratified the merger agreement by a majority vote, six members steadfastly refused to sign the oath and as a result were not admitted to membership in DGA. They thereupon brought a diversity suit in a New York federal district court: and moved for a preliminary injunction …

The Labor Court Idea, R. W. Fleming

Michigan Law Review

When the War Labor Board first began to exert pressure on companies and unions to adopt grievance arbitration clauses during World War II, there was a considerable hesitance on both sides. Both groups worried that while third party decision making might momentarily improve productive efficiency, it would do so at the price of a long-run loss in institutional integrity and autonomy, and peace at any price held little fascination for either side. Nevertheless, grievance arbitration was accepted and gradually became the normal mechanism for resolving contractual disputes in the United States.

Workmen's Compensation - Who Is An "Other Party" Within The Meaning Of Virginia Code § 65.38? Bosher V. Jamerson, 207 V A. 539 (1966), Edward C. Newton Jr.

William & Mary Law Review

No abstract provided.

A Practical Brief And Bluleprint For Productive Investment And Trade Abroad, E. Blythe Stason Jr.

William & Mary Law Review

No abstract provided.

Re United Brewery Workers, Local 800, And Loblaw Groceterias Co Ltd, Innis Christie

Innis Christie Collection

Union Grievance seeking interpretation of seniority provisions of collective agreement.

The facts:

Except in the matter of past practice the facts are not in dispute. In January, 1967, the company placed George McKinnon in the positions of receiver in the grocery department of their store at 720 Oullette Avenue, Windsor, Ontario. Mr. McKinnon was first employed by the company in the Autumn of 1932. From 1932 until 1938 he held various jobs which would now be performed by members of the bargaining unit for which the union is bargaining agent. This fact was not disputed by counsel for the union. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff

Vanderbilt Law Review

One of the most striking developments in labor relations during the past fifteen years has been the rapid increase of both employment and union organization in the public sector. In 1950, there were approximately 6 million public employees; today there are over 10 million, over three quarters of whom work on the state and local level. It is estimated that 1.5 million of these government employees are members of various union organizations, a sixty per cent increase over the past ten years. As a result of this growth, public employees have increasingly sought and gained organizational and bargaining rights parallel …

Labor Law--Choice Of An Appropriate Bargaining Unit--Craft Severance, Jerry David Hogg

West Virginia Law Review

No abstract provided.

Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review

Michigan Law Review

One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …

Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon

Washington Law Review

Defendant union struck the Florida East Coast Railroad in a dispute over work rules, and began picketing plaintiff railroad terminal company which serviced the Florida East Coast and other railroads. Defendant's picketing was designed to stop plaintiff from servicing trains of the struck railroad which were being operated by replacement crews. The district court, holding the Norris-LaGuardia Act inapplicable, enjoined the picketing on the theory that it interfered with obligations owed by plaintiff terminal company to the railroad arising from an agreement, a previous injunction, and the Interstate Commerce Act. On appeal, the Fifth Circuit Court of Appeals reversed. Held: …

Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall

Washington Law Review

No abstract provided.

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.

Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon

Washington Law Review

Defendant union struck the Florida East Coast Railroad in a dispute over work rules, and began picketing plaintiff railroad terminal company which serviced the Florida East Coast and other railroads. Defendant's picketing was designed to stop plaintiff from servicing trains of the struck railroad which were being operated by replacement crews. The district court, holding the Norris-LaGuardia Act inapplicable, enjoined the picketing on the theory that it interfered with obligations owed by plaintiff terminal company to the railroad arising from an agreement, a previous injunction, and the Interstate Commerce Act. On appeal, the Fifth Circuit Court of Appeals reversed. Held: …

Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall

Washington Law Review

No abstract provided.

Workmen's Compensation: Should A Contributorily Negligent Employer Be Subrogated?

Indiana Law Journal

No abstract provided.

Unemployment Benefits In Labor Controversies: The Anachronisms Of The Establishment Doctrine, Robert A. Barker

Buffalo Law Review

No abstract provided.

Mental Stress And Mental Injury In New York Workmen's Compensation, Peter J. Brevorka

Buffalo Law Review

No abstract provided.

A Struck Carrier's Right To Attempt To Operate

Washington and Lee Law Review

No abstract provided.