LABOR LAW-BREACH OF NO-STRIKE COVENANT-DAMAGE SUITS AGAINST UNIONS

Authors

Bernard L. Goodman S. Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff corporation and defendant union entered into a collective bargaining agreement which provided that there should be no strikes by members of the union until the grievance procedure prescribed therein was exhausted. A walkout in violation of this agreement occurred and the plaintiff sought damages for the consequent loss of profits. A statute provided that ''Whenever any unincorporated . . . association . . . shall be formed in this state . . . actions . . . may be brought by or against such associations. . . " On de novo hearing, held, the defendant was amenable to suit by virtue of the statute. But in view of the uncertain profit record of the plaintiff, recovery was allowed only for the amount of the fixed expenses of the corporation during the time that its operations were hampered by the strike. General Magnetic Company v. United Electrical Radio & Machine Workers of America, Local 937, CIO, 328 Mich. 542, 44 N.W. (2d) 140 (1950).

Recommended Citation

Bernard L. Goodman S. Ed., LABOR LAW-BREACH OF NO-STRIKE COVENANT-DAMAGE SUITS AGAINST UNIONS, 49 Mich. L. Rev. 902 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss6/38