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The NLRB and the courts provide different solutions against unions that breached their duty of fair representation. Because the Board does not usually have the jurisdiction to enforce the collective bargaining agreement or to issue a remedial order against an employer that has violated it, the NLRB often cannot award complete relief to employees.
The Board also permits petitions filed during a "window period", a one-month period beginning ninety days before the expiration of the old agreement and ending sixty days before expiration. The Board has developed a complex set of rules governing premature extensions of collective bargaining agreements to enforce its contract bar rule.
"Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one's person, property or character. Every person ought to obtain right and justice freely, and without purchase, completely, and without denial; promptly and without delay; conformably to the laws ...
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, who is authorized to act on behalf of another (called the principal) to create legal relations with a third party. [1]
The Court's opinion went on to hold that criminal defendants, in state courts, have a constitutional right to refuse counsel and represent themselves. However, the right to represent oneself is not absolute. Courts have the authority and duty to determine whether a particular individual is capable of representing himself or herself. In Godinez v.
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee. [1]
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As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
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