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Labor and Employment Law

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Labor Law - Fair Labor Standards Act - Recovery In Suit By Secretary Of Labor Of Wages Lost Through Wrongful Discharge, Robert Brooks Apr 1960

Labor Law - Fair Labor Standards Act - Recovery In Suit By Secretary Of Labor Of Wages Lost Through Wrongful Discharge, Robert Brooks

Michigan Law Review

Several employees of respondent had requested the Secretary of Labor to institute an action against the respondent under the Fair Labor Standards Act to recover unpaid minimum wages and overtime compensation. As a result, the employees were discharged, in violation of section 15 (a) (3) of the act. The Secretary brought an action under section 17 to enjoin respondents from the violation, for reinstatement and for wages lost due to the wrongful discharge. The court of appeals held that the district court had no jurisdiction under section 17 to award wages lost through wrongful discharge. On certiorari to the United …

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Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed. Dec 1959

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

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Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly Jan 1959

Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly

Michigan Law Review

An arbitrator, acting under a collective bargaining agreement which called for a "speedy arbitration" procedure, issued an award enjoining the unions from continuing a slowdown in violation of that clause of the agreement forbidding strikes, lockouts, and slowdowns. A Supreme Court order granted the employers' motion to confirm the award and overruled the unions' cross motion to vacate. The unions claimed that the arbitrator, in issuing the injunction, had exceeded the powers granted him under the agreement and had acted contrary to section 876a of the Civil Practice Act (the New York Anti-Injunction Act). The Appellate Division affirmed the order …

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Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson Apr 1958

Labor Law - National Labor Relations Act - Power Of Nlrb To Order Employer To Withhold Recognition From Assisted Union Until Union Is Certified, John H. Jackson

Michigan Law Review

The National Labor Relations Board found on complaint of a rival union that Bowman Transportation, Inc. had committed an unfair labor practice under section 8(a)(2) of the National Labor Relations Act as amended, by assisting District 50 of the United Mine Workers (UMW). The Board thereupon ordered Bowman to cease recognizing District 50 until such time as District 50 had been certified by NLRB as the employees' bargaining representative, and to post notices accordingly. District 50 had not complied with the filing requirements of section 9(f, g and h) of the act, and consequently under the provisions of those sections …

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Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr Feb 1958

Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr

Michigan Law Review

Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …

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Staggering Punitive Damages Against Labor Unions, Thurlow Smoot Jan 1958

Staggering Punitive Damages Against Labor Unions, Thurlow Smoot

Cleveland State Law Review

The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.

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Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day Jan 1957

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

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International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed. Feb 1956

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."

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Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor Jan 1956

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

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Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson Dec 1955

Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson

Michigan Law Review

The publicity given in the past few years to the loyalty and security program has brought the civil servant of the federal government increasingly before the public eye. At the same time little attention has been paid to the plight of a civil servant who is dismissed from his post for reasons other than those relating to loyalty and security. It is the purpose of this paper to consider different aspects of the removal of civil servants. We shall discuss (1) the government's power to remove civil servants both at common law and under statutes which deal with the exercise …

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Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine Sep 1948

Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine

Washington and Lee Law Review

No abstract provided.

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