Labor Law - Collective Bargaining - Contract Ratification and Strike Authorization Clauses as Statutory Proposals

Authors

Arne Hovdesoen S.Ed., University of Michigan Law SchoolFollow

Abstract

After continued employer demands to discuss contract ratification and strike authorization clauses, the union discontinued contract negotiations on the ground that such proposals constituted interference with its internal affairs and as such were not within the scope of mandatory collective bargaining as defined by sections 8 (d) and 9 (a) of the amended National Labor Relations Act. The National Labor Relations Board found the union's action to be the result of the employer's refusal to bargain in compliance with section 8 (d) and issued an appropriate order directing the company to cease and desist from insisting upon these proposals to the point of breakdown in negotiations and to bargain collectively. On appeal, held, these proposals were subjects within the purview of sections 8 (d) and 9 (a), and the employer was entitled to insist upon them, in good faith, to an impasse. Allis-Chalmers Mfg. Co. v. NLRB, (7th Cir. 1954) 213 F. (2d) 374.

Recommended Citation

Arne Hovdesoen S.Ed., Labor Law - Collective Bargaining - Contract Ratification and Strike Authorization Clauses as Statutory Proposals, 54 Mich. L. Rev. 139 (1955).
Available at: https://repository.law.umich.edu/mlr/vol54/iss1/13