I. ARBITRATION PROCESS
An active area of litigation today is concerned with the interrelation of the judicial process and the arbitration process in the settlement of labor disputes. It was observed in last year's survey that the Supreme Court of the United States had "embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements"' since the landmark decision in the Lincoln Mills case.
The Labor-Management Reporting and Disclosure Act of 1959 amended section 8(b) of the National Labor Relations Act to make it an unfair labor practice for a union to engage in picketing which has as an object the forcing of an employer to recognize the union as the representative of the employees, provided, among other conditions, the union has not filed a petition for certification within a reasonable time, not to exceed thirty days.
III. SECONDARY BOYCOTTS
The archetypical secondary boycott is the situation where a union striking against the primary employer, also brings pressure upon("boycotts") a secondary employer (as by inducing his employees to strike) with the objective of forcing the secondary employer to cease doing business with the primary employer.
IV. NATIONAL LABOR RELATIONS BOARD
Under Universal Camera Corp. v. NLRB, the findings of fact made by the National Labor Relations Board are to be affirmed by the reviewing court if they are supported by substantial evidence on the record considered as a whole.
V. RIGHTS OF EMPLOYEES
The plaintiff employee had filed charges with the local union against its business agent for alleged discrimination in referrals of employment.
Paul H. Sanders and Harvey Couch,
Labor Law -- 1963 Tennessee Survey,
17 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol17/iss3/22