The Law of Organized Labor and Industrial Conflicts

Front Cover
Lawyers Co-operative Publishing Company, 1927 - Arbitration, Industrial - 1333 pages
 

Contents

Who may question validity
21
CHAPTER 2
22
Contractual character 10 Binding effect
23
limiting amount of fine imposable
24
steady employment
25
25a effects of defunct local 26 Conflict between bylaws of local and of parent union
26
Eligibility elections
27
Removal
28
Disqualification by interest
29
Agency for members
30
Authority in general
31
of business agent
32
to contract
33
to make lease
34
Liability in general
35
for procuring anothers discharge
36
for acts of pickets
37
Extortion by officer or business agent
38
Negotiating with employer on behalf of members
39
Right to counsel or order members to strike
40
CHAPTER 4
43
Dues and assessments
44
Priority or seniority rights
45
Resignation of member
46
46a Transfer from one local to another
48
Right of member to compensation for services to union 47a Right to strike benefit 48 Individual liability of members 49 Power of union to discipli...
49
Grounds for discipline
50
Conditions of exercise of disciplinary power compliance with pro visions of constitution and bylaws
51
good faith
52
charges bill of particulars
53
fair trial notice and opportunity to be heard
54
right to be present and crossexamine
55
Tribunal exercising disciplinary powers in general
56
jurisdiction
57
Procedure in disciplinary proceedings
58
59 Penalties imposed
59
Second trial for same offense
60
Court review of disciplinary proceedings in general
61
where association is in undue restraint of trade
62
necessity of first exhausting remedies in organization
63
when remedies in organization deemed exhausted
64
Remedies in case of unlawful exercise of disciplinary powers in general
65
mandamus
66
equitable relief in general
67
same pecuniary or civil right must be involved
68
actions for damages what damages recoverable
69
same pleading and practice
70
Conspiracy to procure expulsion
71
Fines illegally imposed
72
Criminal responsibility for misappropriation
79
Money collected for benefit of strikers
80
Construction of bylaw making leader of orchestra liable for fines imposed on members 74 Disciplinary proceedings as attempt to intimidate
81
CHAPTER 5
82
Ownership as between local and general organization
83
Deed to unincorporated union
84
Title to property on incorporation
85
Effect of attempted amalgamation
86
Right to on revocation of charter
89
Right to on severance of connection with general organization
89
Right to on schism in organization
89
Right to on dissolution
90
CHAPTER 6
91
Jurisdictional amount
94
In general CHAPTER 7
95
For acts of business agent
96
For calling unlawful strike
97
For acts in furtherance of strike or a boycott
98
For acts in furtherance of attempt to unionize
99
For unlawful expulsion of member
100
For procuring anothers discharge
101
101a For refusal to recognize transfer card 102 For erroneous decision of officer
104
For instigation of suit 104 For libel 105 For attorneys services
105
For breach of contract
106
For conspiracy in restraint of interstate commerce
107
ACTIONS BY OR AGAINST LABOR UNIONS 108 Right to sue or liability to be sued in common name in general 109 raising issue of want of leg...
110
validity of statutes permitting suits in common name
111
Right to sue or liability to be sued in names of officers
112
under statutes
113
Amendment
114
of all the members in general
121
under statutes
123
Jurisdiction 116a Venue 117 Service of process
126
Attachments impounding funds by appointment of receiver
127
Appeals
128
CHAPTER 9
129
other locals 123 Reopening charter 124 Surrender of charter
132
Suspension or revocation of charter power
133
estoppel to claim suspension 127 good faith as essential 128 right to notice and hearing
134
exhausting remedies in organization 130 injunctions against
135
effect of revocation
136
Reissuance of charter 133 Liability of general organization for acts of local organization
137
PERSUADING MEMBER TO LEAVE UNIONMAKING NON
140
who may raise objection
146
Conspiracy to commit sabotage as violation of Federal statutes
152
Indictment or information in general
155
advocacy of unlawful doctrines
156
organizing unlawful society
157
membership in unlawful society
158
circulating literature
159
a In general b Statements made by officers or members c Opinions and conclusions of persons not members d Crimes committed by members e Liter...
160
knowledge of character of organization
166
advocacy of unlawful doctrine
167
organizing unlawful society
168
membership in unlawful society
169
circulating literature
170
conspiracy to commit syndicalism
171
Instructions requests to instruct
172
Questions for jury
173
Conduct of prosecuting attorney
174
in general
175
Seizure of books papers
176
Injunction against acts violating statute
177
Jurors opinion of labor unions as affecting competency
185
Membership in labor union as affecting credibility of witness
186
187 Registration of union under English Tradeunion Acts
187
contempt
199
CHAPTER 13
200
Judicial notice of matters relating to labor unions 182 Defamation of labor union
202
Selection by union of men to load truck right to workmens com
203
Terms of contract with union as part of contract of employment of member in general
204
as fixing wages
205
Validity generally
206
PART II
207
duress
208
as being in restraint of trade or violating antitrust laws
209
who may question
210
Enforcement in general
211
by injunction
212
by decree for specific performance
213
Fines 198 Resignation of member 199 Actions by or against
214
Enjoining attempts to procure breach
215
PART III
219
MENT OF UNION LABOR
220
Validity
221
Enforcement of agreements to employ union labor only
230
CHAPTER 15
236
New York decisions Curran v Galen and Jacobs v Cohen
240
lack of mutuality 228 as violating antitrust laws 229 Combinations to bring about closed shop agreement
244
suits for infringement
246
criminal prosecutions
247
Abandonment of registered label
248
Right to protection as affected by wording of label
249
pensation
250
Withdrawal of label
251
PART IV
259
Use of laborsaving machinery
270
Enforcement of contract rights
271
Arbitration
272
Mode of adjusting grievances
273
Enforcing negotiations
274
Right to do certain work
275
Doing by employer of work which he might employ another to
276
Retention of obnoxious coemployee
277
Exclusion of others from employment
278
Number of apprentices
279
Apportionment of work in slack season
280
Continuance of branch of business which employer wishes to dis continue
281
Amount of help to be employed
282
Selection of foreman
283
Reinstatement of employee
284
Payment of disputed claim
285
Making or terms of individual contracts with employer
286
Membership in employers association
287
Prices to be charged by employer
288
PART V
289
Sympathetic strikes
290
Use of union label
291
The right in a contract
301
Nature and elements of the tort involved
307
Definition and attributes of strikes
308
Relation of employer and employee as affected by strike
309
Existence of strike
310
when deemed terminated
311
The right to strike in general
312
where striking involves breach of contract
313
other limitations on right to strike
314
validity of statutes or ordinances restricting right to strike
315
Liability for interference as affected by nature of rights interfered
316
who deemed outsiders
317
Purposes for which a strike may be undertaken
318
Means by which strike may be made effective in general
319
with
320
advice and persuasion a Where person persuaded is under contract b Where no breach of contract is involved
321
322 offers of money or traveling expenses
322
payment of strike benefits
323
bannering and placarding 325 same municipal ordinances affecting
325
picketing in general
326
Liability as affected by character of means used
327
same for purpose merely of obtaining or communicating
328
Justification
343
Effect of motive or intent upon liability
345
under statutes forbidding coercion or intimidation
346
exacting money as condition of not instituting or calling off a strike
347
breach of the peace
348
conspiracy to assault
349
rioting
350
robbery
351
conspiracy to restrain interstate commerce
352
Effect of existence of combination generally
353
pleading and practice
354
Effect of statutes permitting workmen to organize
355
combinations to do what an individual may lawfully
356
Strike of receivers employees 357 Strike as an unlawful interference with interstate commerce or an obstruction of the mails
357
Right of employer to complain of operation of union bylaws
358
Interference with employer as an exercise of the right of competi tion
359
Exaction of money from employer as condition of not calling or continuing strike
360
Exclusion of strikers from employers premises
361
Validity of agreement to compensate contractor on public work for increased cost due to granting of strikers demands
362
Public service commissions order requiring granting of strikers demand validity
363
Statutes requiring employers advertising for help during strike to mention its existence
364
Denying facilities of state employment office to employers during strikes
365
Wages of employee going on strike or quitting for fear of strikers
366
Workmens compensation amount of award as affected by circum stance of strike
367
Judicial notice of violence attending strike
368
Right of public authorities to prohibit employer from carrying on business during strike
369
Police protection during strike validity of contract to pay
370
Guards employed during strike liability for acts
371
Personal injuries incident to strikes injury to employee
372
Introductory
375
Strike as excusing failure to comply with statute
376
Contract obligations generally
377
Duty to prevent escape of electricity
378
Duty of carrier to protect passengers from strikers
379
Duties of common carriers to furnish facilities
380
to preserve shipment from loss
381
a Generally b Mere refusal of employees to work c Violence or intimidation d Strike on connecting line
382
to transport without deviation
383
to divert shipment to another line
384
Duty as to telegrams
385
Obligation to unload cars
386
Duty or obligation to load or unload vessel
387
Validity of stipulation limiting liability in case of strikes
388
Construction and effect of contractual provisions against liability
389
The closed shop
393
other cases
395
Employment of union man by employer of nonunion
397
CONTRACTS BETWEEN UNIONS AND EMPLOYERS IN GENER AL COLLECTIVE BARGAINING
398
Right to shop representative
399
The checkoff 298 Penalties imposed on employer or nonmember 299 Discipline of member of union 300 Coercing coemployees to join union
400
Coercing another to join boycott
401
Decision of Railway Labor Board 303 Procuring breach of contract 304 Procuring commission of unlawful act 305 Political purposes
402
same for purpose of persuasion 330 same limitations of right to picket in general 331 same conduct rendering picketing unlawful 332 same legality...
403
same validity of statute or ordinance prohibiting picketing 339 same applicability of statute or ordinance prohibiting pick
404
refusal to work on materials produced or transported by non union labor
434
refusal to work on job on which employer of nonunion labor is a contractor
435
refusal to handle work of anyone who will not agree to give all his work to union shops
436
refusal of carriers employees to handle cars or freight
437
Right of person injured to complain of operation of bylaw by which the combination against him is made effective
438
Imposition of fine on nonmember of association under penalty of loss of patronage
439
Statutes permitting workmen to combine as affecting
440
Peaceful persuasion statutes as affecting
441
Boycott as unlawful conspiracy in restraint of trade or violation of antitrust laws in general
442
as violating Federal Antitrust
443
Refusal to deal with another except upon certain conditions as unfair competition within Federal Trade Commission
444
Actions for damages in general
445
elements of damages recoverable
446
pleading and practice
447
Injunctive relief
448
Criminal liability in general
449
pleading and practice
450
Boycotts not connected with labor disputes preliminary state
451
strikes 135 Trades councils
455
refusal of members of medical association to have professional relations with other doctors
456
forbidding calling of certain physician to attend injured mem bers of railroad benevolent association
457
eting
458
refusal to bid on work if anothers bid is received
459
refusal to buy from drummers patronizing certain hotel
460
refusal to deal with nonmembers of association
461
refusal of members of produce exchange to deal with com mission merchant
462
refusal to attend auction sale
463
refusal of newspaper publishers association to supply news dealer
464
Collective bargaining generally 202 Authority of union or its officers to enter into contract with em ployer
465
340 miscellaneous
481
Actions for damages occasioned by strike in general
484
pleading and practice
487
261a Criminal liability
488
Interference as an act of competition
509
Causal connection between act and injury
510
Procuring discharge to cover own misdoings
511
Employer as member of conspiracy
512
Liability of officer procuring discharge by corporation
513
Liability of corporation for interference by its officers while act ing in another capacity upon knowledge gained in discharge of duties
514
Scope and effect of statutes legalizing interference with anothers
515
employment 516 Actions for damages in general
516
measure and elements of damages
517
Injunctions against interference
518
Pleading and practice in actions for interference in general
519
sufficiency of complaint
520
variance between pleading and proof
521
ment
522
questions for jury
523
instructions
524
Criminal liability in general
525
for obtaining money as a condition of permitting employ
526
Construction and effect
530
Propriety of remedy in general
534
to prevent violation of antitrust laws
535
to prevent interference with interstate commerce or transpor tation of mails
536
to protect property in custody of receiver
537
to prevent intimidation of pickets
538
Conditions of issuance protection of property rights
539
probability of commission by defendants of acts charged
540
infliction of injury
541
irreparable character of injury
542
inadequacy of remedy at
543
Constitutional objections to issuance freedom of speech or press
544
right to trial by jury
545
involuntary servitude
546
Right to injunction against acts punishable as crimes
547
Injunction against spoken words or written matter
548
Complainants conduct as affecting grant of equitable relief
549
Jurisdiction to grant in general
550
jurisdictional amount
551
Federal courts
552
Venue
553
Who may seek injunction state or Federal governments
554
joinder of complainants
555
employers associations
556
operator not owning property operated
557
one deprived of benefit of contract or of service by public utility
558
mortgagees or bondholders
559
sales agent
560
one with no established business
561
Relief to persons similarly situated not parties to suit
562
Against whom issued union organization
563
officers of union
564
members of union or others not participating in unlawful
565
Bills for injunctive relief in general
571
multifariousness
572
conduct of party as affecting his right to benefit of strike clause
573
Answer
574
Discontinuance of acts complained of as affecting grant of injune tion
575
Settlement of strike as affecting grant of injunction
576
Burden of proof
577
in contracts for construction or repair and bonds to secure their performance
578
in contracts of sale a In general
579
sufficiency
580
Temporary or preliminary injunctions in general
581
b Effect of strike on obligation of seller or buyer
582
dissolution or continuance
583
review
584
in charter parties
585
Relief granted in general
586
definiteness of decree
587
in bills of lading
588
when injunction order too narrow
589
against lawful acts interwoven with unlawful ones
590
CHAPTER 25
591
against persuasion
592
against threats intimidation coercion and violence in general
593
against destruction of property
594
CHAPTER 26
595
against congregation or parading of strikers
596
against bannering
597
CHAPTER 27
598
diversion by employer of patronage of employees 453 diversion by school authorities of patronage of pupils 454 diversion by pastor of patronage ...
599
refusal to sell to price cutters 468 refusal to supply competitor 469 refusal of automobile manufacturer to permit agents to han dle accessory 470 re...
600
against deportation of strikebreakers
601
against the collection or use of funds
602
against interference with contract rights
603
Essential elements
607
Judicial theories of the tort involved in boycotting
608
The right to refuse to deal with another and to ask others not
612
Construction and effect in general
613
existence of dispute
614
do
615
persons entitled to benefit of statute
616
what constitutes irreparable injury within statute
617
property and property rights within provision permitting injunctions
618
Justification for boycott
619
as precluding injunction against picketing
620
as precluding injunction against distribution of boycott cir culars
621
as authorizing trespass
622
as authorizing persuasion of employees
623
requirement that application for a restraining order be sworn
624
Legality of means employed in general exercise of authority or influence threats and intimidation in general
625
right to jury trial in contempt proceedings
626
venue of contempt proceedings
627
circulars cards and newspaper articles
629
banners and placards
633
unfair lists 414 415 416 417 418
634
false or defamatory statements
638
miscellaneous
639
Violation of injunction by act punishable as crime
640
picketing in general
641
Jurisdiction of contempt proceedings
642
Persons liable in general labor unions
643
same conduct of picketers
645
Defenses
646
Violation of injunction order as civil or criminal contempt
647
Character of proceeding as civil or criminal
648
Entitling of papers in proceeding
649
Receivership as affecting right to prosecute contempt proceedings
650
Limitation of time for instituting contempt proceedings
651
Institution of proceedings in general
652
same termination of right to picket 423 same picketing as a nuisance 1 424 same picketing as trespass 425 same picketing as violation of antitrust
653
same ordinances prohibiting
654
Right to bill of particulars
655
Answer
656
By whom contempt proceedings conducted
657
Consolidation of separate charges
658
Refusal to submit controversy
675
Matters falling within jurisdiction of arbitration tribunal under American statutes
676
under Australian and Canadian statutes
677
Jurisdiction and powers of tribunal generally
678
Matters relating to submission of dispute in general
679
sufficiency of submission to warrant award
680
Bringing in parties
681
Matters relating to decision
682
Force and effect of decision or award under American statutes
683
under Australian statutes
684
Declaring a common rule
685
Force of recommendation by statutory board of conciliation
686
Review by the courts
687
Validityrestricting number of apprentices 13 making decisions of own tribunals conclusive 14 requiring compliance with decisions as condition of a...
727
CHAPTER 28
741
Statutes prohibiting blacklisting in general
742
validity
743
Service letter laws
744
validity
745
Statements entered on employers records
746
Notices circulated among the coemployees of the person discharged
747
Lists exchanged between different employers in the same line of business
748
Pleading and practice in actions for blacklisting in general
751
joinder of parties
752
admissibility and sufficiency of evidence
753
Injunctive relief
754
BLACKLISTING OF EMPLOYERS BY WORKMEN 485 Generally CHAPTER 30
755
BLACKLISTING OF WORKMEN BY WORKMEN 486 Generally
757
CHAPTER 31
759
under statutes making it an offense to endeavor to force any workman to depart from his hiring or any employer to limit the number or description o...
760
employment
765
CHAPTER 22
773
Liability as affected by presence or absence of combination 491 Interference by violence threats and intimidation
777
Interference by operation of bylaw 493 Interference by fraud or misrepresentation
781
Interference by means of defamation 495 Interference by advice and persuasion
783
Causing discharge by exercise of right growing out of ownership or control of property
789
Causing discharge by exercise of right growing out of contract
792
Interference with employment by exercise of right to refrain from contracting
798
Causing discharge by refusal to issue or threat to cancel insurance
799
Causing discharge by attempt to collect debt
802
Interference with employment in order to compel release of claim
804
Interference by blacklisting 504 Interference by remonstrating against employment
806
Causing discharge by reporting misconduct
807
Interference by refusing to work with another
809
for purpose of forcing him to join union
815
Interference in exercise of union discipline
821
timidate a person to compel him to do what he has a legal right not to
855
under statutes declaring it unlawful to threaten or intimidate a person so as to hinder or prevent him from entering or con tinuing in employment
858
under statute against conspiring to interfere with anothers exercise of his trade or calling
860
under statute against conspiring to prevent obtaining work or to cause discharge
862
under statute against unlawful assembly
863
CHAPTER 32
865
against circulation of unfair list
866
against secondary boycotts 606 against refusal of carriers employees to handle freight 607 Taking measures to prevent violation 608 Review 609 ...
867
sympathizers 567 defendants not served or appearing 568 Dealing with defendants as individuals
906
Upon whom binding
907
In general
936
CONTEMPT IN VIOLATING INJUNCTIONS AND PROCEEDINGS FOR ITS PUNISHMENT 628 Conduct constituting violation of injunction in ...
973
dogging
977
picketing 634 parades
978
banners or placards
979
making remarks 637 publication of fair list
980
a To prevent arbitration tribunal from exceeding its jurisdic tion b Review of matters within jurisdiction of tribunal 688 Offense of inciting strike pri...
991
Change of venue 660 Reference 661 Right to trial by jury 662 Evidence admissibility
1004
sufficiency
1005
Judgment or order 665 Penalties imposed in general
1006
667 remission costs
1008
Review
1009
Purging of contempt
1011
CHAPTER 35
1012
arbitration
1013
Advancement or maintenance of wages 264 Payment of wages during working hours 265 Rate of wages payable by outside contractor 266 Hours ...
1017
Federal Transportation Act validity and effect
1045
CHAPTER 36
1051
APPENDICES
1053
APPENDIX A The Right to a Free Market
1055
APPENDIX B Motive as Making Act Unlawful
1063
Combinations to Inflict Injury Otherwise than in Ad vancing Legitimate Interests of Members
1076
APPENDIX F Quinn v Leathem and Other Cases holding Secondary
1105
APPENDIX G Instances of Decrees Rendered in Strike and Boycott
1124
Cases
1151
failure to join as defendants all parties to combination
1266
Betterment of working conditions 268 Amount of work required
1315
Piecework system
1318

Other editions - View all

Common terms and phrases

Popular passages

Page 381 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
Page 463 - Act 1873, which imposes a penalty upon "every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority (1) uses violence to or intimidates such other person or his wife or children, or injures his property...
Page 467 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority, — (1) Uses violence to or intimidates such other person or his wife or children, or Injures his property...
Page 139 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Page 354 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 145 - An act done by a person in contemplation or furtherance of a trade dispute shall /not be actionable on the ground only that it induces some other person to break a contract of employment...
Page 154 - ... the commission of crime, sabotage (which word is hereby defined as meaning wilful and malicious physical damage or injury to physical property) , or unlawful acts of force and violence or unlawful methods of terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change.
Page 953 - States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right...
Page 575 - Port of (the Act of God, the King's Enemies, Fire, Machinery, Boilers( Steam, and all and every other Dangers and Accidents of the Seas, Rivers, and Steam Navigation, of whatever nature and kind soever excepted) unto or to Assigns Freight for the said Goods with primage and Average accustomed.
Page 953 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment or from ceasing to perform any work or labor, or from recommending, advising or persuading others by peaceful means so to do...

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