DOCSLIB.ORG

Nateonal La301 Relations Do

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Nateonal La301 Relations Do TWENT YZEIVEME ZO1IA.1 LaLOOMU OP TWA NATEONAL LA301 RELATIONS DO FOR 'MD FT FINDBD JUNE 1.959 TWENTY- FOURTH ANNUAL REPORT OF THE NATIONAL L OR RELATIONS \BOARD FOR THE FISCAL YEAR ENDED JUNE 30 1959 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON, D.C. • 1960 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington 25, D.C. - Price 55 cents (paper) - - NATIONAL LABOR RELATIONS BOARD Members of the Board BOYD LEEDOM, Chairman PHILIP RAY RODGERS STEPHEN S. BEAN JOSEPH ALTON JENKINS JOHN H. FANNING Chief Counsel to Board Members HARRY H. BUSKIN STANLEY R. STRAUSS THOMAS B. SWEENEY ELIHU PLATT WILLIAM C. BAISINGER OGDEN W. FIELDS, Executive Secretary JAMES V. CONSTANTINE, Solicitor WILLIAM R. RINGER, Chief Trial Examiner THOMAS W. MILLER, JR.,2 Director of Information Office of the General Counsel STUART ROTTIMAN,3 General Counsel JAMES R. BEAIRD DOMINICK L. MANou Acting Associate General Counsel Associate General Counsel Division of Operations Division, of Law CLARENCE S. WRIGHT, Acting Director, Division of Administration I Appointed Mar. 20, 1960, to succeed Frank M. Kleiler. 2 Appointed Jan. 25, 1960, to succeed Louis G. Silverberg. 3 Appointed June 29, 1959, to succeed Jerome D. Fenton. III . - , TABLE OF CONTENTSIlp CHAPTER Page I. Operations in Fiscal Year 1959 4) 1. Decisional Activities of the Board 3 2. Activities of the General Counsel 4 a. Representation Cases 4 b. Unfair Labor Practice Cases 4 c. Types of Unfair Labor Practices Charged 5 d. Division of Law 5 3. Division of Trial Examiners 6 4. Results of Representation Elections 6 5. Fiscal Statement 7 II. Representation Cases 13 1. Showing of Employee Interest To Justify Election 14 a. Sufficiency of Showing) of Interest 14 2. Existence of Question of Representation 15 a. Certification PetitionsA 15 b. Decertification Petitions\ 16 c. Disclaimer of Interest 16 3. Qualification of Representatives 17 a. Filing Requirements 18 (1) Compliance Required of Individual Petitioner 18 b. Craft Representatives 19 4. Contract as Bar to Election 19 a. Execution and Ratification of Contract 20 (1) Execution of Contract 20 (2) Ratification 20 b. Coverage of Contract 21 (1) Master Agreements 21 (2) Change of Circumstances During Contract Term 21 (a) Prehire contracts 21 (b) Changed operations 21 c. Duration of Contract 22 (1) Uniform 2-Year Rule—Industry Test Abandoned 23 (2) Contracts of No Fixed Duration No Bar 23 d. Terms of Contract 24 (1) Union-Security Clauses 24 (a) Qualification of contracting union 24 (b) Terms of union-security clause 25 (c) Model union-shop clause 25 (2) Checkoff Clauses 26 e. Change in Identity of Contracting Party—Schism—Defunct- ness 26 (1) Schism Rules 27 (2) Nature of Election—Effect on Contract 27 (3) Defunctness 28 VII VIII . Table of Contents , CHAPTER Page II. Representation Cases—Continued 4. Contract as Bar to Election—Continued f. Effect of Rival Claims and Petitions, and Conduct of Parties_ _ 28 (1) Substantial Representation Claims 28 (2) Unsupperted Claims-10-Day Rule Abandoned 28 (3) Timeliness of Petitions 29 ‘ (a) Petition filed on day contract executed 29 (b) Premature petitions , 30 (c) Sixty-day insulated period 30 (d) Forestalling automatic renewal 31 (i) Untimely notice 32 (ii) Notice under modification clause 32 (e) Effect of midterm modification 33 (f) Termination of contract 33 g. Premature Extension of Contract 34 h. List of Leading Cases and Cases Overruled 34 (1) Leading Cases on Revised Contract-Bar Rules •34 (2) Cases Specifically Overruled or Modified 35 5. Other Election Bars—Waiver 35 6. Impact of Prior Determinations 36 7. Unit of Employees Appropriate for Bargaining 37 a. Factors Considered 37 b. Craft and Quasi-Craft Units 38 c. Multiemployer Units 40 (1) Bargaining History 40 (2) Intent of Employer 40 (3) Withdrawal From Multiemployer Unit 41 d. Individuals Excluded From Bargaining Unit by the Act 42 (1) Agricultural Laborers . , - 42 (2) Independent Contractors 43 (3) Supervisors 44 e. Employees Excluded From Unit by Board Policy 45 8. Conduct of Representation Elections 45 a. Voting Eligibility 45 (1) Seasonal or Intermittent Employees 46 b. Timing of Elections 47 (1) Effect of Unfair Labor Practice Charges 47 c. Standards of Election Conduct , 48 (1) Mechanics of Election 48 (2) Interference With Election 49 (a) Preelection speeches—the 24-hour rule 50 (i) Twenty-four-hour rule in "mail-in" elections 50 (b) Use of sample ballots 51 (c) Election propaganda_ , 51 (d) Campaign tactics 52 (e) Threats, promises, and concessions 53 III. Unfair Labor Practices 55 A. Unfair Labor Practices of Employers 55 1. Interference With Section 7 Rights 55 a. Prohibitions Against Union Activities 57 b. Interference With Board Proceedings 58 Table of Contents IX oaerrEn Page 9 III. Unfair Labor Practices—Continued . _ A. Unfair Labor Practices of Employers—Continued - 2. Employer Domination or Support of Employee Organization.! 59 a. Domination of Labor OrganizatiOn 59 b. Assistance and Support 59 (1) Assistance Through Contract 60 c. Remedies in Section 8(a) (2) Cases 61 3. Discrimination Against Employees 62 a. Discrimination for Protected Activities 62 (1) Loss of Statutory Protection 63 (a) Effect of grievance procedure onstrike against un- fair practices - 63 b. Forms of Discrimination • . I ■ I 64 (1) Lockout - 65 (a) Partial lockout , 66 (2) Discontinuance or Change of Opeiations 67 (3) Union Security 68 (a) Validity of union-security agreements 68 (i) Agreement, with individual representative 68 (ii) Agreement covering one employee 69 (b) Terms of agreement 69 (c) Illegal enforcement of union-security agreement 70 (4) Discriminatory Employment Practices 71 c. Remedial Provisions 74 4. Refusal To Bargain in Good Faith 74 a. Representatives Majority Status 75 b. Appropriateness of the Bargaining Unit 77 c. The Request To Bargain 77 d. Subjects for Bargaining 78 (1) Waiver of Right To Bargain , 79 e. Violation of Duty To Bargain in Good Faith 82 (1) Unilateral Action 82 (2) Lockout During Bargaining Negotiations 83 (3) Refusal To Furnish Bargaining Information 83 B. Union Unfair Labor Practices 84 1. Restraint and Coercion of Employees 84 a. Forms of Restraint and Coercion 85 (1) Threats and Violence—Other Coercive Conduct 85 (2) Minority Union Activities 86 (3) Illegal Union-Security and Hiring Practices 87 2. Restraint and Coercion of Employers 88 3. Causing or Attempting To Cause Discrimination 88 a. Forms of Violations 88 (1) Illegal Hiring Agreements and Practices 89 (a) Exclusive hiring halls 92 (2) Illegal Seniority Practices 93 (3) Illegal Union Security 94 b. Remedial Provisions 96 4. Refusal To Bargain in Good Faith 97 a. Bargaining Demands 97 b. Section 8(d) Requirements 98 X Table of Contents CHAPTER Page III. Unfair Labor PracticesContinued B. Union Unfair Labor Practices—Continued 5. Secondary Strikes and Boycotts 99 a. Inducement or Encouragement of Employees To Strike_ _ _ 99 (1) Employee Status 99 (2) Inducement and Encouragement To Strike 101 (a) Refusal to refer employees as inducement to strike_ 102 b. Neutrality of Secondary Employer 103 c. Ambulatory and Common Situs Picketing 104 d. "Hot Cargo" Agreements 106 6. Strikes for Recognition Against Certification 106 7. Jurisdictional Disputes 107 a. Proceedings Under Section 10(k) . 108 (1) Disputes Subject to Determination 108 (2) Determination of Disputes 110 (a) Nature of determination i/ 111 b. Violation of Section 8(b)(4)(D) 112 8. Excessive or Discriminatory Fees for Union Membership 113 IV. Supreme Court Rulings 114 1. Jurisdictional Policies 114 2. Relation of Unfair Labor Practice Charge to Complaint 114 3. "Employee Committees" as Labor Organizations 116 4. District Court Review of Representation Proceeding,: 117 5 Board Jurisdiction in Secondary Boycott Involving Government Subdivision 118 V. Enforcement Litigation 120 1. Employer Unfair Labor Practices 120 a. Employee Protests and Signs on Employees Personal Effects_ 120 b. Lockout and Reduction of Seniority for Strikers 122 c. Employer Refusals To Bargain 123 2. Union-Security Agreements 124 a. "Subcontractor Clauses" 125 3. Union Unfair Labor Practices 126 a. Applicability of Section 8(b)(1)(A) to Picketing and Other Attempts by a Minority Union To Force Employer Recog- nition 127 b. Notice Obligations Under Section 8(b)(3) and 8(d)_ 127 c. Strikes and Boycotts Prohibited by Section 8(b)(4) 128 (1) Inducement or Encouragement of Employees , , 129 (2) Secondary Boycotts 130 (a) The "all" defense 130 (b) Picketing at a "common situs" 132 (3) Picketing To Force Recognition Where Another Union Is Certified—Section 8(b) (4) (C) 133 4. Remedial Orders for Reimburseinent of Union Dues 134 5. Representation Matters 135 a. Elections 135 b. Unit Determinations 137 / Table of Contents XI CHAPTER Page VI. Injunction Litigation 139 A. Injunctions Under Section 10(j) 140 B. Injunctions Under Section 100) 143 1. Secondary Boycott Situations 143 a. Withholding Work Permits and Union Label 144 b. Ambulatory Picketing 145 c. Alleged Consumer Picketing 147 d. Construction Gate Cases 147 e. Waterfront Cases 148 f. Hotels 150 g. Common Situs Situations 150 2. Injunction Against Picketing To Force an Employer To Join an Employer Association 151 3. Injunction Against Picketing After Certification of Another Union 151 4. Jurisdictional Dispute Situations 152 VII. Contempt Litigation 154 VIII. Miscellaneous Litigation 156 1. Subpena Enforcement 156 2. Petitions for Judicial Intervention in Representation Proceedings_ 157 3. Petitions for District Court Relief in Unfair Labor Practice Proceedings 159 Appendix A. Statistical Tables for Fiscal Year 1959 161 CHARTS IN CHAPTER I CHART Page I Comparison of Filings of Unfair Labor Practice Cases and Repre- sentation Cases, Fiscal Years 1936-59 8 II. Unfair Labor Practice Cases Filed, Against Employers and Unions, Fiscal Years 1955-59 9 III. Unfair Labor Practice Cases, by Charging Party, Fiscal Years 1955 59 10 IV.
Load more

Recommended publications
  • 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized
    Wes 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized Indonesia's labor market in Indonesia the I 990s is characterized by rising labor costs, reduced Labor Market Policies and worker productivity,and increasingindustrial unrest. Public Disclosure Authorized International Competitiveness The main problem is generous, centrally Nisha Agrawal mandated, but unenforceable worker benefits. Legislation encouraging enterprise-level collective bargaining might help reduce some of the costs associated with worker unrest. Public Disclosure Authorized Bacground paper for World Development Report 1995 Public Disclosure Authorized The World Bank Office of the Vice President Development Economics September 1995 POIjCY RESEARCH WORKING PAPER 15 15 Summary findings Indonesia's labor market in the 1990s is characterized by would be a hefty 12 percent of the wage bill. The other rising labor costs, reduced worker productivity, and problem is that the government has greatlv limited increasing industrial unrest. The main problem is organized labor, viewing it as a threat to political and generous, centrally mandated, but unenforceable worker economic stability. benefits. Legislation encouraging enterprise-level This approach of mandating benefits centrally through collective bargaining might help reduce some of the costs legislation without empowerinig workers to enforce associated with worker unrest. compliance with the legislation (or negotiate their own Policy measures Indonesia adopted in 1986 led to a benefits packages with employers)
    [Show full text]
  • Labor Law: Hiring of Temporary Replacements Subsequent to Multi-Employer Lockout Held Not to Constitute an Unfair Labor Practice
    LABOR LAW: HIRING OF TEMPORARY REPLACEMENTS SUBSEQUENT TO MULTI-EMPLOYER LOCKOUT HELD NOT TO CONSTITUTE AN UNFAIR LABOR PRACTICE UNDER the Taft-Hartley Act it is an unfair labor practice for employers to discourage membership in a labor organization by discrimination in regard to hire or tenure' In the recent case of NLRB v. Brown,2 a divided court held that the hiring of temporary replacements by nonstruck members of a multi-employer association did not violate the act, despite the fact that the employers had ini- tially locked out regular union clerks to avoid the effects of a whip- saw strike.3 In Brown, employers of seven retail food stores had joined to- gether for the purpose of bargaining as a unit with a common labor union.4 When contract negotiations reached a bargaining impasse, 1 Labor Management Relations Act (Taft-Hartley Act) § 8(a) (3), 61 Stat. 140 (1947), 29 U.S.C. § 158 (a) (3) (1958). Also at issue in the instant case was § 8 (a) (1) of the act, which prohibits an employer from interfering with employees' rights of self-organization and collective bargaining. 61 Stat. 140 (1947), 29 U.S.C. § 158 (a) (1). 2 319 F.2d 7 (10th Cir. 1963), cert. granted, 32 U.S.L. WEEK 3237 (U.S. Jan. 7, 1964). 2 Before the formation of a multi-employer association, a labor union has the advantage of striking employers individually, insofar as a struck employer cannot afford a prolonged detachment from his competitive market. The longer he remains inoperative, the more customers he stands to lose to competitors.
    [Show full text]
  • Lockouts and Strike Insurance in Multiemployer Collective Bargaining
    LOCKOUTS AND STRIKE INSURANCE IN MULTIEMPLOYER COLLECTIVE BARGAINING By NORMAN BUCHSBAUN,* INTRODUCTION "The growth of unions in the United States and the structure of bargaining arrangements are closely related to the development and structure of mar- kets for the products on which union members work." Competition in product markets from non-union employers and increased employee mobil- ity resulting in additional needs for staff services1 are factors accounting for union attempts to broaden the membership. Growing union strength was quickly reflected by the appearance of groups of employers forming into associations as a vigorous opposition. Such associations were organized in the 1880's as counterweights to the Knights of Labor. Primarily a technique used by large corporations, the associations were well-funded and employed detectives and armed guards and also maintained blacklists, occasionally resorting to lockouts in an effort to thwart the growth of the trade union movement. Despite the ap- parent anti-union animus of many employers, trade unions won recogni- tion, and to meet this development, the associations organized labor bu- reaus to operate plants of struck members.2 After the gradual acceptance of collective bargaining, the National Association of Manufacturers spon- sored open-shop movements. 3 Kerr and Randall suggest that the employer association had by 1948 become a leading defensive technique used by small employers in bargaining with strong unions. 4 Thus unionization of employers raises many problems relating to responsibility and good faith in collective bargaining, the real locus of power and the effects on union democracy of the enlargement of the bargaining unit, and a host of fringe questions relating to antitrust matters.
    [Show full text]
  • Political Power of Nuisance Law: Labor Picketing and the Courts In
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School.
    [Show full text]
  • Employer Withdrawal from Multi-Employer Bargaining Units: A
    1982] COMMENTS EMPLOYER WITHDRAWAL FROM MULTI-EMPLOYER BARGAINING UNITS: A PROPOSAL FOR SELF-REGULATION Multi-employer bargaining typically occurs when several em- ployers in one industry join an association to negotiate with a single union.' Small employers in highly competitive businesses are usu- ally eager to bargain through an association because it enables them to present a united front against a union which would otherwise have considerable power to coerce individual employers.2 Many unions favor bargaining with an employer association both because it enhances union security 3 and because muld-employer bargaining assures uniform wages and working conditions throughout the bargaining unit 4 If both the employer and the union consent to ' Multi-employer bargaining accounts for 42% of the major (1,000 employees or more) collective bargaining agreements in this country, and covers over 3,000,000 workers. BUREAU oF LABoR STATISTICS, U.S. DEP'T OF LABoR, CEARAcTERnsTIcs oF MAJOR COLLEcTIV BAtc~nm-N AGREEMENTS 12 table 1.8 (Bulletin No. 2065, April 1980). These agreements exhibit great variety in the business of employers, the geographical area, and the extent of the industry included. N. CAimELA & J. KuHN, CoLLEcrrvE BABGAXNn= 229-31 (2d ed. 1965) [hereinafter cited as Cor.EcnE BAnG AII]. The classic definition of multi-employer bargaining is found in Rains, Legal Aspects and Problems of Multi-Employer Bargaining,34 B.U.L. REv. 159 (1954): [tihe term multiple employer bargaining refers to all situations in which two or more independent employers bargain or negotiate jointly, through an agent, committee or association, with one or more labor organizations representing employees of the several employers, with respect to wages, hours and other terms and conditions of employment.
    [Show full text]
  • Gray, Neil (2015) Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow
    Gray, Neil (2015) Neoliberal urbanism and spatial composition in recessionary Glasgow. PhD thesis. http://theses.gla.ac.uk/6833/ Copyright and moral rights for this thesis are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow Neil Gray MRes Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of Geographical and Earth Sciences College of Science and Engineering University of Glasgow November 2015 i Abstract This thesis argues that urbanisation has become increasingly central to capital accumulation strategies, and that a politics of space - commensurate with a material conjuncture increasingly subsumed by rentier capitalism - is thus necessarily required. The central research question concerns whether urbanisation represents a general tendency that might provide an immanent dialectical basis for a new spatial politics. I deploy the concept of class composition to address this question. In Italian Autonomist Marxism (AM), class composition is understood as the conceptual and material relation between ‘technical’ and ‘political’ composition: ‘technical composition’ refers to organised capitalist production, capital’s plans as it were; ‘political composition’ refers to the degree to which collective political organisation forms a basis for counter-power.
    [Show full text]
  • Collective Bargaining Provisions : Strikes and Lock-Outs, Contract
    COLLECTIVE BARGAINING PROVISIONS Strikes and Lock-Outs; Contract Enforcement Bulletin No. 908-13 UNITED STATES DEPARTMENT OF LABOR Maurice J. Tobin, Secretary BUREAU OF LABOR STATISTICS Ewan Clague, Commissioner Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Letter of Transmittal United States Department of Labor, Bureau of Labor Statistics, Washington, D. C., November 15,19Jk9, The Secretary of Labor: I have the honor to transmit herewith the thirteenth bulletin in the series on collective bargaining provisions. The bulletin consists of two chapters: (1) Strikes and Lockouts, and (2) Contract Enforcement, and is based on an examination of collective bargaining agreements on file in the Bureau. Both chapters were prepared in the Bureau’s Division of Industrial Relations, by and under the direction of Abraham Weiss, and by James C. Nix. Ew an Clague, Commissioner. Hon. Maurice J. Tobin, Secretary of Labor. For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. Price 25 cents Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis Preface As early as 1902 the Bureau of Labor Statistics, then the Bureau of Labor in the Department of the Interior, recognized the grow­ ing importance of collective bargaining, and published verbatim the bituminous-coal mining agreement of 1902 between the Asso­ ciations of Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and the respective districts of the United Mine Workers of America. Since 1912 the Bureau has made a systematic effort to collect agreements between labor and management in the lead­ ing industries and has from time to time published some of those agreements in full or in summary form in the Monthly Labor Review.
    [Show full text]
  • WORKING AGREEMENT Between and CEMENT MASONS INTERNATIONAL O. P. & C. M. I. a LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS
    WORKING AGREEMENT Between _________________________________________________ And CEMENT MASONS INTERNATIONAL O. P. & C. M. I. A LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS, INDIANA INDEX Article I - Purpose 1 Article II - Recognition 1 Article III - Subcontracting 1 Article IV - Duration and Amendment 1,2 Article V - Scope of Agreement 2 Article VI - Craft Jurisdiction (See Appendix A) 2 Article VII - Jurisdictional Disputes 2 Article VIII - No Strike/No Lockout 3 Article IX - Union Security/Check Off 3-4 Article X - Management Rights 4,5 Article XI - Pre-Job Conference 5 Article XII - Hours and Working Conditions 5,6 - Multiple Shifts 6 - Holidays 6,7 - Overtime 7 - Reporting Time/Pay Procedure 7-8 Article XIII - Steward 8 Article XIV - General Working Conditions 8-10 Article XV - Grievance/Arbitration 10,11 Article XVI - Special Provisions 12 i Article XVII - Safety/Job Facilities/Substance Abuse Policy 12,13 Article XVIII - Non Discrimination 13,14 Article XIX - Classification 14 Article XX - Wages 14 Article XXI - Savings Clause 15 Article XXII - Construction Industry Progress Council 15 Article XXIII - Apprenticeship 15,16 Article XXIV - Health & Welfare 17,18 Article XXV - Pension 18,19 Article XXVI - All Benefits 19 Appendix "A" - Craft Jurisdiction 19-22 Union and Employer Signature Page 23 ii WORKING AGREEMENT Between ___________________________________________________ and CEMENT MASONS INTERNATIONAL O. P. & C. M. I. A. LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS, INDIANA THIS AGREEMENT made this 01 day of June 2008, by and between _____________________________________ designated as the "Employer" and Cement Masons International 0.P.&C.M.I.A. Local Union No. 692 (Area 532), Indianapolis, Indiana, hereinafter in this Agreement designated as the "Union." - being duly constituted, authorized and recognized bargaining representative for and on behalf of the Cement Mason employees of the Employer.
    [Show full text]
  • Cambodians Suffer Heavy Losses but Drive Viet Cong from Village
    / Av«n«e Dally Net Press Run Vor TIm Week Ended The Weather Jane 27, 1000 Sunny, pleasant today, the highest In the low 80s. Fair, 1 5 ,610 tcool, some^fog tonight, low in the upper 60s. Tuesday,. sunny, Uanc^Bter— A CUy of Village Charm wanner. VOL. LXXXIX, NO. 234 TWENTY-TWO PAGES MANCHESTER, CONN., MONDAY, JULY 6, 1970 (Claaelfied Advertising tm Bsge 18) PRICE TEN CENTS \ Bridgeport Pair Killed Cambodians Suffer Heavy Losses In ShooUout BRIDOEPORT, , C«in. (AP) — Two Bridgeport men But Drive Viet Cong from Village died In a shoot-out on a city street Sunday, after appai;- ently quarreling over a wom­ PHNOM PENH, Cambo­ an who wias present when the dia (AP)-—The Cambodian shootings took place, police army battled its way today said. to full control of the town A Dead at the scene was Na­ of Saansr, 20 miles south of thaniel Brown, 44. He was Phnom Penh, after suffer­ Gilbert shot once in the chest at the ing some of the heaviest (C> comer of Walter and Oreen losses it has reported for (C) Streets, police said. one day of fighting. Robert Oowder, S9, died (C> other Cambodian troops <C) some hoius later In pushed back a threat to Kom- (C) Bridgeport Hospital. Police pbng Thom, 80 miles north of :olr" '67. said he had been shot six tee capital, with tee aid of South revolving times. diplomat Vietnamese warplanes. ed in Summoned to the scene at Cambodian commanders said reporter- 6;4S p.m., police found 98 to find 32 of their men were killed and lerplexlng Crowder in a car In front of 47 wounded during 27 hours of an incl- 68 Oreen St.
    [Show full text]
  • Unfair Labor Practices in a Strike Context: from Balancing Competing Interests to Justifying Business Conduct
    University of Miami Law Review Volume 23 Number 4 Article 4 7-1-1969 Unfair Labor Practices in a Strike Context: From Balancing Competing Interests to Justifying Business Conduct John Alterman Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation John Alterman, Unfair Labor Practices in a Strike Context: From Balancing Competing Interests to Justifying Business Conduct, 23 U. Miami L. Rev. 747 (1969) Available at: https://repository.law.miami.edu/umlr/vol23/iss4/4 This Comment is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. COMMENTS UNFAIR LABOR PRACTICES IN A STRIKE CONTEXT: FROM BALANCING COMPETING INTERESTS TO JUSTIFYING BUSINESS CONDUCT JOHN ALTERMAN* I. INTRODUCTION ............................................................ 747 II. THE PLACE OF THE STRIKE WITHIN THE LAW .............................. 748 A. A Traditional Sell-help Technique .................................... 748 B. Attributes of a Strike ................................................ 749 C. The Right to Strike .................................................. 749 D. Economic or Unfair Labor Practice Strikes ............................ 751 E. Rights of Employees and Obligations of the Employer .................. 751 111. THE POLICY OF THE ACT WITH RESPECT TO PROTECTION OF EMPLOYEES ......... 753 A. Rights of and Status as Employees .................................... 753 B. Employer Unfair Labor Practices under Sections 8(a)(1) and 8(a)(3) .... 753 C. The Relationship Between the Subsections .............................. 754 D. Intertwining Subsections 8(a)(1) and 8(a)(3) .......................... 755 IV.
    [Show full text]
  • Bargaining Lockout: an Impatient Warrior Robert P
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Notre Dame Law School: NDLScholarship Notre Dame Law Review Volume 40 | Issue 2 Article 1 2-1-1965 Bargaining Lockout: An Impatient Warrior Robert P. Duvin Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Robert P. Duvin, Bargaining Lockout: An Impatient Warrior, 40 Notre Dame L. Rev. 137 (1965). Available at: http://scholarship.law.nd.edu/ndlr/vol40/iss2/1 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOTRE DAME RWVEP VOL. XL FEBRUARY, 1965 No. 2 THE BARGAINING LOCKOUT: AN IMPATIENT WARRIOR Robert P. Duvin* A lockout is a temporary refusal by an employer to furnish work to his employees. Although the word itself carries no invidious connotation, most students of collective bargaining and labor law have for many years rejected its acceptability as a negotiating pressure tactic. In the last fifteen years there have been very few cases in which the lockout was employed solely for the purpose of achieving bargaining objectives. When used in this manner, the lockout is the counterpart of the strike and, quite clearly, a potentially powerful economic weapon. Therefore, one can only assume that the infrequent appear- ance of such a potent tactic - in an arena not yet free from the stench of yester- year's hostilities - results from a widely held belief that it is illegal.
    [Show full text]
  • Labour Relations Code
    Province of Alberta LABOUR RELATIONS CODE Revised Statutes of Alberta 2000 Chapter L-1 Current as of February 10, 2021 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2018 c21 s6 amends ss73(a.1), 74(a.1), 95.2(1), 96(1), adds s209. 2020 c28 s11 amends s26, adds s24.1 and 26.1, amends ss27, 28, 29(2), 149 and 151.
    [Show full text]