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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 93 of about 9,212 results (0.086 seconds)

Jan 17 1949 (FN)

Commissioner Vs. Jacobson

Court : US Supreme Court

..... a credit upon some other indebtedness of the respondent. his gains were comparable in their nature to those which he would have realized if a third party, pursuant to a contract, had paid off his indebtedness on these bonds for him to the extent of the discount at which he purchased them. [ footnote 5 ] the nature page 336 u. s. 40 ..... u. s. 161 ; helvering v. stockholms enskilda bank, 293 u. s. 84 , 293 u. s. 89 . we have held that income was received by a taxpayer when, pursuant to a contract, a debt or other obligation was discharged by another for his benefit. the transaction was regarded as being the same in substance as if the money had been paid to ..... received by the insured, as a return of premium or premiums paid by him under life insurance, endowment, or annuity contracts, either during the term or at the maturity of the term mentioned in the contract or upon the surrender of the contract; the value of property acquired by gift, bequest, devise, or descent (but the income from such property shall be included .....

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May 08 1950 (FN)

Powell Vs. United States Cartridge Co.

Court : US Supreme Court

..... of said plant, including the training of operating personnel . . . but excluding the procurement and supervision of the installation of manufacturing facilities (to be done, under a like contract, by the contractor's parent corporation, western cartridge company), and operate said plant. . . ." (emphasis supplied.) it would have been simple for the government to have ordered ..... (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers, with the results that, if said act as so interpreted ..... and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the public treasury would be seriously affected by consequent increased cost of war contracts . . ." " * * * *" "the congress further finds and declares that all of the results which have arisen or may arise under the fair labor standards act of ..... the plant, including labor costs. the contractor was even allowed costs of production of munitions that did not meet specifications and could not be used. the government contracted for electric power, telephone, teletype, and telegraph services itself and paid the bills directly, and provided employees traveling on business with tax-free transportation tickets. at .....

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Jun 02 1952 (FN)

Youngstown Sheet and Tube Co. Vs. Sawyer

Court : US Supreme Court

..... from to from to{6} ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- north american aviation, inc., 6/9/41 7/2/71 8773. none. (order cites contracts of com- 6/5/41 6/10/41 property returned on agreement agreement of parties on na- inglewood, calif. 6 fed.reg ..... rials and work in progress in plant.) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- federal shipbuilding & drydock 8/23/41 1/6/42 8868. none. (order cites contracts of com- 8/6/41 8/23/41 maintenance off membership national defense mediation co., kearny, n.j. 6 fed.reg. ..... . none. (government extended war labor board recommenda- united states v. montgomery ward & cago, ill., facilities. 9 fed.reg. 4459. expired contract pending tion. co., 150 f.2d 369 nlrb election to determine (7th cir.1945).** bargaining representative.) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- montgomery ward & co., hum- 5 .....

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Mar 28 1955 (FN)

Employees Vs. Westinghouse Elec. Co.

Court : US Supreme Court

..... bill without 10, asserting that, as it passed the house, the section was "based upon a misapprehension as to the legal responsibility of the parties under such contracts," that such contracts "are at present legally enforceable in the courts," and that to promote litigation concerning them would be undesirable. [ footnote 8 ] senators ball, taft, and h ..... . alexander smith filed a minority report conceding that collective agreements "theoretically are legally enforceable contracts," but contending that action was necessary to overcome practical obstacles to enforcement arising from the status of unions as unincorporated associations. they proposed a differently worded section, later ..... of the act indicates that substantive federal law was to guide the determination of the contractual rights and liabilities that are to flow from a collective bargaining contract. section 302 contains a highly specialized restriction on the legality of employers' agreements to make payments to employee representatives. section 303 provides a federal right to ..... "the adjustment of grievances, page 348 u. s. 467 viewed in the larger aspect, constitutes, to a great degree, the actual administration of a collective bargaining contract." the administration of the collective agreement is its life and meaning. the adjustment and settlement of grievances, the development of an administrative practice concerning the collective agreement, give .....

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Jan 30 1956 (FN)

Steiner Vs. Mitchell

Court : US Supreme Court

..... "mr. cooper. . . . before the enactment of the fair labor standards act, an employee might have worked upon a lathe under a contract, and his contract may have provided that his pay should commence at a scheduled hour, say at 7 o'clock when the lathe began to run, and he ..... at the time of such activity at the establishment or other place where such employee was employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective bargaining representative and his employer. . . ." 61 stat. ..... time of such activity at the establishment or other place where such employee is employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer." 61 stat. 86, ..... , the employer shall not be so relieved if such activity is compensable by either -- " "(1) an express provision of a written or nonwritten contract in effect at the time of such activity, between such employee, his agent, or collective bargaining representative and his employer; or" "(2) a ..... ' employees, and petitioners' insurance doctor recommended that such employees be segregated from their customary duties. the primary ways in which lead poisoning is contracted are by inhalation and ingestion, e.g., by taking in particles through the nose or mouth, an open cut or sore, or any .....

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Jan 19 1959 (FN)

Teamsters Union Vs. Oliver

Court : US Supreme Court

..... individual owners; (3) prohibiting any attempts by any certificated or permitted carrier in changing his operation which will affect the rights of drivers under the terms of the contract, and generally the certificated or permitted carriers agree to assume responsibility in policing and doing everything within their power to eliminate all alleged abuses in the use of owner ..... for plaintiff-appellee's capital investment in said equipment." [ footnote 10 ] in algoma, state law was allowed to operate to restrict a provision of a collective bargaining contract only after it was found after an exhaustive examination of the legislative history of the wagner act that congress intended to leave the special subject of the legality of ..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party. . . ." [ footnote 7 ] oliver is rather unusual among ohio owner-drivers because he owns not one vehicle, but a ..... unions also desired to make certain restrictions on the use of owner-operators, again claiming that the . . . company operators were taking advantage of certain provisions of the contract." this demand was compromised by the addition of 19 restricting leasing to carriers "who will agree to submit all grievances pertaining to owner-operators to joint employer-union grievance committees .....

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Apr 25 1960 (FN)

Machinists Local Vs. Labor Board

Court : US Supreme Court

..... continuing offense." the court's reasoning, inconsistently, would at once both recognize, and deny any means of proving, the "continuing offense." analytical curiosity provokes the query whether such an illegal contract, openly posted in the plant but not made effective in practice until the first day of the seventh month, would then become so "infused" with legality as to be unassailable ..... one on the point in issue, the court specifically rejected the contention that, inasmuch as more than six months had expired from the date of the execution of the tainted contract, the complaint, based upon acts occurring within six months of the charge, was barred by 10(b), saying: "while . . . the mere execution of the agreement on december 17, 1948, ..... , that deprived the employees of rights guaranteed to them by 7, resulting in unfair labor practices under 8; and the fact that prosecution for the illegal execution of the "tainted" contract is time-barred, as an independent wrong, may not be utilized "to infuse with" legality the illegal "union security clause or its enforcement." it is important carefully to note what ..... virtually all limitations protection from collective bargaining agreements attacked on the ground asserted here. for, once the principle on which the decision below rests is accepted, so long as the contract -- or any renewal thereof -- is still in effect, the six-month period does not even begin to run. cf. bowen products corp., supra, at 732. in lively photos, inc., 123 .....

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Feb 23 1960 (FN)

Labor Board Vs. Insurance Agents' Int'l Union

Court : US Supreme Court

..... of economic weapons that may be used as part of collective bargaining, it would be in a position to exercise considerable influence upon the substantive terms on which the parties contract. as the parties' own devices became more limited, the government might have to enter even more directly into the negotiation of collective agreements. our labor policy is not presently ..... 361 u. s. 490 a sense of responsibility, a responsiveness to government and public opinion, and moral principle; but, in time, these forces generate their own compulsions, and negotiating a contract approaches the ideal of informed persuasion." cox, the duty to bargain in good faith, 71 harv.l.rev. 1401, 1409. for similar reasons, we think the board's approach involves ..... is the representative of his employees. . . ." the precise question is whether the board may find that a union, which confers with an employer with the desire of reaching agreement on contract terms, has nevertheless refused to bargain collectively, thus violating that provision, solely and simply because, during the negotiations, it seeks to put economic pressure on the employer to yield to ..... relations act, as amended, it appeared that the union had conferred with the employer at the bargaining table for the purpose and with the desire of reaching an agreement on contract terms, but that, during the negotiations, it had sponsored concerted on-the-job activities by its members of a harassing nature designed to interfere with the conduct of the .....

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Apr 17 1961 (FN)

Teamsters Local Vs. Labor Board

Court : US Supreme Court

..... i would hold that there is not only a reasonable likelihood, but that it must inescapably be concluded, under this record, that, without the safeguards at issue, a contract conditioning employment solely upon union referral encourages membership in the union by that very distinction itself. as the board expressed it in mountain pacific chapter, supra, at 896: "[t ..... nondiscriminatory attempts to benefit all the represented employees. it is against this policy that we should measure the board's action in finding forbidden the incorporation in collective bargaining contracts of the "hiring hall" clause. we must determine whether the board's action is consistent with the balance struck by the wagner and taft-hartley acts between protection ..... more, constitute forbidden discrimination. see, e.g., red star express lines v. labor board, 196 f.2d 78. while seeming to recognize the validity of the proposition that contract terms which are equivocal on their face should ordinarily await an independent evaluation of their actual meaning and effect [ footnote 2/2 ] before being page 365 u. s. 678 ..... other affiliated local unions) executed a three-year collective bargaining agreement with california trucking associations, which represented a group of motor truck operators in california. the provisions of the contract relating to hiring of casual or temporary employees were as follows: "casual employees shall, wherever the union maintains a dispatching service, be employed only on a seniority basis .....

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Feb 20 1961 (FN)

Monroe Vs. Pape

Court : US Supreme Court

..... to be very different from the relief available on review of state proceedings: "the prohibition in the old constitution that no state should pass a law impairing the obligation of contracts was a negative prohibition laid upon the state. congress was not authorized to interfere in case the state violated that provision. it is true that, when private rights were affected ..... , in regard to those rights which are secured by the fourteenth amendment, they are not left as the right of the citizen in regard to laws impairing the obligation of contracts was left, to be disposed of by the courts as the cases should arise between man and man, but congress is clothed with the affirmative power and jurisdiction to correct .....

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