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Judgment Search Results Home > Cases Phrase: mediation Year: 1957 Page 1 of about 393 results (0.050 seconds)

Feb 25 1957 (FN)

Pennsylvania R. Co. Vs. Rychlik

Court : US Supreme Court

Decided on : Feb-25-1957

..... labor members of the adjustment board to select a representative. such representative, together with a representative likewise designated by the claimant, and a third or neutral party designated by the mediation board, constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or ..... ." 64 stat. 1238 (1951), 45 u.s.c. 152, eleventh (c). [ footnote 14 ] 48 stat. 1189 (1934), 45 u.s.c. 153, first (a). (italics supplied.) [ footnote 15 ] the national mediation board was set up by section 4, first of the act. 48 stat. 1193 (1934), 45 u.s.c. 154, first. it is an independent federal agency with three members ..... was a labor organization "national in scope" since, under section 3, first (f) of the railway labor act, determination of that question was within the exclusive competence of the national mediation board. see pp. 352 u. s. 487 -488, infra. [ footnote 6 ] 229 f.2d 171. [ footnote 7 ] the briefs below show that the validity of this premise was not challenged ..... ," consisting of one representative of the claimant union, one representative of the unions already entitled to elect the labor members of the nrab, and one neutral member selected by the mediation board. this board of three then decides whether the claimant union is entitled to be an elector for the nrab, that is, whether it is "organized in accordance with section .....

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Jun 03 1957 (FN)

California Vs. Taylor

Court : US Supreme Court

Decided on : Jun-03-1957

..... of the general steam railroad system of transportation now or hereafter operated by any other motive power. the interstate commerce commission is authorized and directed upon request of the mediation board or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso. the term ..... peculiar to that industry. an extended period of congressional experimentation in the field of railway labor legislation resulted in the railway labor act and produced its machinery for conciliation, mediation, arbitration and adjustments of disputes. a primary purpose of this machinery of railway government is "to avoid any interruption to commerce or to the operation of any carrier ..... right of a majority of any craft or class of employees to select the representative of that craft or class. section 2, ninth, authorized the newly created national mediation board to hold representation elections and to certify the representative with which the carrier must deal. section 2, fourth, provided that the employees shall have the right to ..... settling disputes between carriers and their employees. these included (1) conferences between the parties; (2) appeal to a board of adjustment; (3) recourse to the permanent board of mediation; (4) submission of the controversy to a temporary board of arbitration; and (5) the establishment of an emergency board of investigation appointed by the president. dissatisfaction with the operation .....

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Mar 25 1957 (FN)

Trainmen Vs. Chicago R. and I. R. Co.

Court : US Supreme Court

Decided on : Mar-25-1957

..... ." 5, first, 45 u.s.c. 155, first. such was the fact in this case when the threatened strike presented an emergency situation. the mediation board enters these cases solely on its own motion, however. it cannot be called into the dispute by either or both of the parties or by an employee or group ..... national board, but the existence of the latter insures against accumulation of disputes through ineffectiveness of the local boards. [ footnote 14 ] "minor disputes" were eliminated from the functions of the mediation board by the 1934 amendment. however, that board can still become involved in a "minor dispute" case if "any labor emergency is found by it to exist at any time ..... neutral referee to sit with them and break the tie. if the division cannot agree even on a referee, the act provides that one shall be appointed by the national mediation board. [ footnote 14 ] thus was the machinery built for the disposition of minor grievances. the change was made with the full concurrence of the national railway labor organizations. commissioner joseph ..... of labor and management, to resolve the "minor disputes." if this step were unsuccessful, these disputes along with the "major disputes" became a function of the board of mediation, predecessor of the national mediation board. the obvious lack of any compulsion toward a settlement of disputes was a basic characteristic of the act, and proved to be a major weakness in the .....

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Jan 22 1957 (FN)

Labor Board Vs. Lion Oil Co.

Court : US Supreme Court

Decided on : Jan-22-1957

..... that is applicable to strikes at both times -- to prevent the damaging effects of strikes without warning and to allow a cooling-off period during which differences might be discussed, mediated and resolved. see, e.g., 93 cong.rec. 3839, 5005, 5014. if anything, 8(d)'s application would appear more necessary between expiration periods than during them, since the ..... not be required by 8(d)(1) to serve notice upon the other party until ten months after reopening had passed, and 8(d)(3) would not require notice to mediating agencies until eleven months after reopening. similarly, the "loss of status" sentence, which applies to employees who strike "within the sixty-day period specified in this subsection . . . ," would punish ..... to mediate and conciliate disputes within the state or territory where the dispute occurred, provided no agreement has been reached by that time; and" "(4) continues in full force and effect, ..... ;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modification;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any state or territorial agency established page 352 u. s. 296 .....

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Jun 24 1957 (FN)

Vanderbilt Vs. Vanderbilt

Court : US Supreme Court

Decided on : Jun-24-1957

..... our constitutional commentators has warned us to beware the "constricting necessitarianism" of deeming the two questions to be one and the same: "in a problem so fraught with infelicities whatever mediation is devised, there is wisdom in confining pronouncements closely to what is imperative in the particular case. it is not logically necessary to deny nevada's mastery within her own ..... though the north carolina wife had not appeared in the nevada proceeding. williams i, supra. but i see no reason why we should extend that, for me, already somewhat unpalatable mediation to the limits of its logic in order to hold that nevada's views as to support as well as divorce must be forced onto other states, and that nevada .....

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Jun 03 1957 (FN)

Textile Workers Vs. Lincoln Mills

Court : US Supreme Court

Decided on : Jun-03-1957

..... policy toward settlement of labor disputes by arbitration, for it denies injunctive relief to any person who has failed to make "every reasonable effort" to settle the dispute by negotiation, mediation, or "voluntary arbitration." though a literal reading might bring the dispute within the terms of the act ( see cox, grievance arbitration in the federal courts, 67 harv.l.rev. 591 ..... this case to permit the amendment alleging diversity of citizenship. |353 u.s. 448app| appendix -- legislative history i . the case bill (h.r. 4908, 79th cong., 2d sess.) (the federal mediation act of 1946.) a. legislative history in the house: 1. hearings before the committee on labor on h.r. 4908, 79th cong., 1st sess.: a. h.r. 4908, as considered .....

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Apr 01 1957 (FN)

Labor Board Vs. Truck Drivers Union

Court : US Supreme Court

Decided on : Apr-01-1957

..... . 140, 29 u.s.c. 157(d)(4) (no resort to "strike or lockout" during 60-day notice period); 61 stat. 153, 29 u.s.c. 173(c) (director of mediation service to seek to induce parties to settle dispute peacefully "without resort to strike, lockout, or other coercion"); 61 stat. 155, 29 u.s.c. 176 (appointment of board of .....

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Oct 31 1957 (HC)

Someshwar Dayal and ors. Vs. Widow of Lalman Shah and ors.

Court : Allahabad

Decided on : Oct-31-1957

Reported in : AIR1958All488

..... against him so that lalman sah after he made his deposit of the sale consideration made an application in the execution department for having a sale deed executed through the mediation of the court by kashi prasad. kashi prasad took objection to the execution of the sale deed and one of the grounds that he took was that he was no .....

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Sep 25 1957 (HC)

Satya Vir Vs. State

Court : Allahabad

Decided on : Sep-25-1957

Reported in : AIR1958All746

..... been imposed.33. now, there is no doubt that the aforesaid motive being established, the offence was a pre-planned or pre-meditated one in the legal sense of pre-mediation required for purposes of the application of section 34, i. p. c. at the same time, no details of the previous quarrel having been proved by reason of the failure .....

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Mar 20 1957 (SC)

The Newspapers Ltd. Vs. the State Industrial Tribunal, U.P.

Court : Supreme Court of India

Decided on : Mar-20-1957

Reported in : AIR1957SC532; (1957)IILLJ1SC; [1957]1SCR754

..... services essential to the life of the community or of employment. the act is based on the necessity of achieving collective amity between labour and capital by means of conciliation, mediation and adjudication. the object of the act is the prevention of industrial strife, strikes and lock-outs and the promotion of industrial peace and not to take the place of .....

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