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The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act
Case Western Reserve Law Review Volume 17 Issue 5 Article 11 1966 The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act Francis A. King Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Francis A. King, The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act, 17 W. Rsrv. L. Rev. 1390 (1966) Available at: https://scholarlycommons.law.case.edu/caselrev/vol17/iss5/11 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1390 WESTERN RESERVE LAW REVIEW [Vol. 17:1390 The Employer's "Good Faith" Bargaining Duty- A Troublesome Test in the Taft-Hartley Act A CHARGE FREQUENTLY LEVELED against employers in proceed- ings before the National Labor Relations Board is the refusal to bargain in good faith as required by sections 8(a) (5) and 8(d) of the Labor Management Relations Act (LMRA) of 1947.1 Since approximately one-third of all cases heard by the NLRB involve refusal-to-bargain charges,2 it is important for an employer to know what activities on his part will give rise to such a charge. This is increasingly true in light of recent decisions requiring the employer to bargain over such issues as subcontracting, plant removal, and other activities -
Union Security and the Right to Work Laws: Is Coexistence Possible?
William & Mary Law Review Volume 2 (1959-1960) Issue 1 Article 3 October 1959 Union Security and the Right to Work Laws: Is Coexistence Possible? J. T. Cutler Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Labor and Employment Law Commons Repository Citation J. T. Cutler, Union Security and the Right to Work Laws: Is Coexistence Possible?, 2 Wm. & Mary L. Rev. 16 (1959), https://scholarship.law.wm.edu/wmlr/vol2/iss1/3 Copyright c 1959 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr UNION SECURITY AND RIGHT-TO-WORK LAWS: IS CO-EXISTENCE POSSIBLE? J. T. CUTLER THE UNION STRUGGLE At the beginning of the 20th Century management was all powerful and with the decision in Adair v. United States1 it seemed as though Congress was helpless to regulate labor relations. The Supreme Court had held that the power to regulate commerce could not be applied to the labor field because of the conflict with fundamental rights secured by the Fifth Amendment. Moreover, an employer could require a person to agree not to join a union as a condition of his employment and any legislative interference with such an agreement would be an arbitrary and unjustifiable infringement of the liberty of contract. It was not until the first World War that the federal government successfully entered the field of industrial rela- tions with the creation by President Wilson of the War Labor Board. Upon being organized the Board adopted a policy for- bidding employer interference with the right of employees to organize and bargain collectively and employer discrimination against employees engaging in lawful union activities2 . -
Alan Greenspan: Adam Smith
Alan Greenspan: Adam Smith Remarks by Mr Alan Greenspan, Chairman of the Board of Governors of the US Federal Reserve System, at the Adam Smith Memorial Lecture, Kirkcaldy, Scotland, 6 February 2005. * * * Kirkcaldy - the birthplace, in 1723, of Adam Smith and, by extension, of modern economics - is also, of course, where your Chancellor of the Exchequer was reared. I am led to ponder to what extent the Chancellor's renowned economic and financial skills are the result of exposure to the subliminal intellect-enhancing emanations of this area. *** In the broad sweep of history, it is ideas that matter. Indeed, the world is ruled by little else. As John Maynard Keynes famously observed: "Practical men, who believe themselves to be quite exempt from intellectual influences, are usually the slaves of some defunct economist. Madmen in authority, who hear voices in the air, are distilling their frenzy from some academic scribbler of a few years back."1 Emperors and armies come and go; but unless they leave new ideas in their wake, they are of passing historic consequence. The short list of intellectuals who have materially advanced the betterment of civilization unquestionably includes Adam Smith. He is a towering contributor to the development of the modern world. In his Wealth of Nations, Smith reached far beyond the insights of his predecessors to frame a global view of how market economies, just then emerging, worked. In so doing, he supported changes in societal organization that were to measurably enhance world standards of living. For most of recorded history, people appear to have acquiesced in, and in some ways embraced, a society that was static and predictable. -
Government Mandated Labor Agreements in Public Construction
GOVERNMENT MANDATED LABOR AGREEMENTS IN PUBLIC CONSTRUCTION Their History and Factors to Consider Table of Contents The History of Government Mandated Labor Agreements in the Construction Industry . 1 Government Mandated Labor Agreements In Public Construction: Factors to Consider . 7 THE HISTORY OF GOVERNMENT MANDATED LABOR AGREEMENTS IN THE CONSTRUCTION INDUSTRY How Public Officials and Their Representatives Have Changed The Purposes and Effects of Construction Project Labor Agreements What are Construction Project Labor Agreements? Project labor agreements are unique to the construction industry. Unlike collective bargaining agreements between other industrial employers and their unions, collective bargaining agreements in the construction industry usually apply only to work performed by signatory contractors in specified counties or other well-defined geographic areas. Project labor agreements are even more specialized and focus on one particular construction project. They are often referred to as “prehire” agreements because they are usually negotiated between construction contractors and one or more building trade union in advance of submitting a bid for the project, and before anyone is actually hired to perform the work. The terms and conditions of a project labor agreement generally: (1) apply to all work performed on a specific project or at a specific location, (2) require recognition of the signatory union(s) as the exclusive bargaining representatives for covered workers, whether or not the workers are union members, (3) supersede all other collective bargaining agreements, (4) prohibit strikes and lockouts, (5) require hiring through union referral systems, (6) require all contractors and subcontractors to become signatory to the agreement, (7) establish standard work rules, hours and dispute resolution procedures and (8) establish wages and benefits. -
Fanning the Flames of Discontent: the Free Speech Fight of The
FANNING THE FLAMES OF DISCONTENT: THE FREE SPEECH FIGHT OF THE KANSAS CITY INDUSTRIAL WORKERS OF THE WORLD AND THE MAKING OF MIDWESTERN RADICALISM A THESIS IN History Presented to the Faculty of the University of Missouri-Kansas City in partial fulfillment of the requirements for the degree MASTER OF ARTS by KEVIN RANDALL BAILEY B.S., University of Central Missouri, 2013 Kansas City, Missouri 2016 FANNING THE FLAMES OF DISCONTENT: THE FREE SPEECH FIGHT OF THE KANSAS CITY INDUSTRIAL WORKERS OF THE WORLD AND THE MAKING OF MIDWESTERN RADICALISM Kevin Randall Bailey Candidate for the Master of Arts Degree University of Missouri-Kansas City, 2016 ABSTRACT This project deals with the free speech fight of 1911 that occurred in Kansas City and was organized and led by the Industrial Workers of the World. The free speech fight serves as a case study in localized Midwestern radicalism, specifically its unique manifestation in Kansas City. While many scholars of labor radicalism have focused on the larger metropolitan areas such as Chicago, New York City, and Detroit, this study departs from that approach by examining how labor radicalism took root and developed outside of the metropolitan centers. The Industrial Workers of the World, one of the most radical unions in American history, provides an excellent example of an organization that situated itself outside of the traditional spheres of labor organization through its intense focus on recruiting and radicalizing large segments of the unskilled and marginalized workforce throughout the country. iii In the Midwest, particularly in Kansas City, this focus evolved into a growing recognition that in order to be a stable, combative, and growing union in the Midwest, traditional notions of only recruiting white skilled workers employed in industry would not work. -
The Failure to Attain Socialist Unity [June 1908] 1
Bohn: The Failure to Attain Socialist Unity [June 1908] 1 The Failure to Attain Socialist Unity by Frank Bohn Published in The International Socialist Review [Chicago], v. 8, no. 12 (June 1908), pp. 752-755. The unity of the Socialist movement should risk its fundamentally correct principles in the rough undoubtedly have been attained in 1901. Failure to and tumble of a united movement. The scientific truths secure the desired end by all of the then existing fac- at the bottom of the revolutionary upsweep were made tions was due to a wrong position taken by some com- over into the mumbled litany of a sectarian clique. rades, who will now pretty generally admit their error. And thus Truth lost its beauty and saving power. There is no doubt, of course, that selfish conceit had The SLP failed, second, because of its wrong no small part to play in the matter. The error was that methods of propaganda and organization. Men and each element in the Socialist movement of a nation women who will develop into revolutionists worth- should have a separate organization and oppose one while to the movement are sure to demand respect another openly before the working class. This posi- and decent treatment from their teachers while they tion, long felt to be wrong by those of the Socialist are learning. This consideration the honest utopians Labor Party who were active in the IWW, has finally and reformers in the movement (and all of us were been officially surrendered by that party. But every such) have never received from The People, by which argument which can be massed for unity today was the work of the SLP is ever judged. -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism. -
International Support for Starbucks Workers
NLRB strips more In November We Remember workers of labor rights workers’ history & martyrs Working “supervisors” lose IWW founder William Trautmann, right to unionize, engaged in Brotherhood of Timber Workers, concerted activity on job 4 Victor Miners’ Hall, and more 5-8 Industrial International support for Starbucks workers As picket lines and other actions reach new Starbucks locations across the United States and the world every week, the coffee giant has told workers it is raising starting pay in an effort to blunt unionization efforts. In Chicago, where workers at a Logan Worker Square store demanded IWW union recogni- tion August 29, Starbucks has raised starting pay from $7.50 an hour to $7.80. After six months, Chicago baristas who receive favor- able performance reviews will make $8.58. Picket lines went up at Paris Starbucks OFFICIAL NEWSPAPER OF THE In New York City, where Starbucks or- anti-union campaign. UAW Local 2320 in ganizing began, baristas will make $9.63 an Brooklyn has told Starbucks that its members INDUSTRIAL WORKERS OF THE WORLD hour after six months on the job and a favor- will not drink their coffee until the fired November 2006 #1689 Vol. 103 No. 10 $1.00 / 75 p able performance review. Senior baristas will unionists are reinstated. Several union locals, receive only a ten-cent raise to discourage student groups and the National Lawyers long-term employment. Similar raises are Guild have declared they are boycotting Star- being implemented across the country. bucks in solidarity with the fired workers. Talkin’ Union Meanwhile, the National Labor Relations In England, Manchester Wobblies pick- B Y N I C K D R I E dg ER, WOBBLY D ispatC H Board continues its investigation into the fir- eted a Starbucks in Albert Square Sept. -
Socialist Labor Party: 1906-1930 (Pdf)
SSOOCCIIAALLIISSTT LLAABBOORR PPAARRTTYY:: 11990066 ––11993300 A 40TH ANNIVERSARY SKETCH OF ITS EARLY HISTORY By Olive M. Johnson OLIVE M. JOHNSON (1872–1954) [EDITOR’S NOTE: For purposes of continuity, it is recommended that Henry Kuhn’s sketch of SLP history from 1890 to 1906 be read first.] EITHER the grilling financial struggle nor even the conspiracies and treacheries tell the whole tale of the Party’s history during the decade from NN1895 to 1905. The really important thing is that in the crucible of struggle its principles and policies and with it the principles and policies of the revolutionary movement of America were cast and clarified. De Leon himself grew in stature and conception during these trying years. It is necessary here to review the situation. Party Policy Clarified. Long before 1905 De Leon, and with him the Socialist Labor Party, had perceived that the policy known as “boring from within” the labor unions would never accomplish its aim of turning the members of the “pure and simple” faker-led American Federation of Labor (A.F. of L.) into classconscious Socialists. The most active members in fact were “boring themselves out.” At the same time it was becoming ever clearer to the S.L.P. that the political movement of the workers must have “an economic foundation.” This foundation, of course, pointed directly to the shop and factory; but the shop and factory were either left entirely unorganized or in the hands of the A.F. of L., which, as was becoming increasingly clearer, while an organization of workers, was officered by “lieutenants” of the capitalists, hence just as much a capitalist organization as the German army was a ruling class Socialist Labor Party 1 www.slp.org Olive M. -
Rebel Cities: from the Right to the City to the Urban Revolution
REBEL CITIES REBEL CITIES From the Right to the City to the Urban Revolution David Harvey VERSO London • New York First published by Verso 20 12 © David Harvey All rights reserved 'Ihe moral rights of the author have been asserted 13579108642 Verso UK: 6 Meard Street, London WI F OEG US: 20 Jay Street, Suite 1010, Brooklyn, NY 1120 I www.versobooks.com Verso is the imprint of New Left Books eiSBN-13: 978-1-84467-904-1 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Harvey, David, 1935- Rebel cities : from the right to the city to the urban revolution I David Harvey. p. cm. Includes bibliographical references and index. ISBN 978-1-84467-882-2 (alk. paper) -- ISBN 978-1-84467-904-1 I. Anti-globalization movement--Case studies. 2. Social justice--Case studies. 3. Capitalism--Case studies. I. Title. HN17.5.H355 2012 303.3'72--dc23 2011047924 Typeset in Minion by MJ Gavan, Cornwall Printed in the US by Maple Vail For Delfina and all other graduating students everywhere Contents Preface: Henri Lefebvre's Vision ix Section 1: The Right to the City The Right to the City 3 2 The Urban Roots of Capitalist Crises 27 3 The Creation of the Urban Commons 67 4 The Art of Rent 89 Section II: Rebel Cities 5 Reclaiming the City for Anti-Capitalist Struggle 115 6 London 201 1: Feral Capitalism Hits the Streets 155 7 #OWS: The Party of Wall Street Meets Its Nemesis 159 Acknowledgments 165 Notes 167 Index 181 PREFACE Henri Lefebvre's Vision ometime in the mid 1970s in Paris I came across a poster put out by S the Ecologistes, a radical neighborhood action movement dedicated to creating a more ecologically sensitive mode of city living, depicting an alternative vision for the city. -
Cohen, Michael. “The Ku Klux Government”: Vigilantism, Lynching
JSR_v01i:JSR 12/20/06 8:14 AM Page 31 “The Ku Klux Government”: Vigilantism, Lynching, and the Repression of the IWW ■ Michael Cohen, University of California, Berkeley It is almost always the case that a “spontaneous” movement of the subaltern classes is accompanied by a reactionary movement of the right-wing of the dom- inant class, for concomitant reasons. An economic crisis, for instance, engenders on the one hand discontent among the subaltern classes and spontaneous mass movements, and on the other conspiracies among the reactionary groups, who take advantage of the objective weakening of the government in order to attempt coup d’Etat. —Antonio Gramsci 1 When the true history of this decade shall be written in other and less troubled times; when facts not hidden come to light in details now rendered vague and obscure; truth will show that on some recent date, in a secluded office on Wall Street or luxurious parlor of some wealthy club on lower Manhattan, some score of America’s kings of industry, captains of commerce and Kaisers of finance met in secret conclave and plotted the enslavement of millions of workers. Today details are obscured. The paper on which these lines are penciled is criss-crossed by the shadow of prison bars; my ears are be-set by the clang of steel doors, the jangle of fetters and the curses of jail guards. Truth, before it can speak, is stran- gled by power. Yet the big fact looms up, like a mountain above the morning mists; organ- ized wealth has conspired to enslave Labor, and—in enforcing its will—it stops at nothing, not even midnight murders and wholesale slaughter.