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- Title
RACIAL PROTEST AND SELF-HELP UNDER TAFT-HARTLEY: The Western Addition Case.
- Authors
Gould, William B.
- Abstract
Focuses on an arbitration involving racial protests and self-help under the Taft-Harley law. Under federal labor law, a bargaining unit employee who, ignoring grievance and arbitration procedure available to him, engages in self-help by a work stoppage or a refusal to obey reasonable orders, runs the risk of discharge or other forms of discipline. He thereby loses the protection of the Taft-Hartley law. But there is now pending before the U.S. Supreme Court a case involving employees who are arguing that, as the purpose of their self-help was to vindicate rights guaranteed by Title VII of the Civil Rights Act, they did not lose the protection of law by choosing not to stay within the limits prescribed by the collective agreement. The author suggests that courts must decide such cases in the light of the union's policies not only with respect to the particular grievance but of its total record with respect to minority races.
- Subjects
UNITED States; LABOR arbitration; ARBITRATION &; award; CIVIL procedure; DISPUTE resolution; PROTESTS (Negotiable instruments); SELF-help (Law)
- Publication
Arbitration Journal, 1974, Vol 29, Issue 3, p161
- ISSN
0003-7893
- Publication type
Article