Digital Commons Network^™

"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray

University of Richmond Law Review

In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …

Employer Duties And Defenses To Osha Violations, Janice G. Murphy

University of Richmond Law Review

The Occupational Safety and Health Act of 1970 (hereinafter the Act) was designed to encourage both employers and employees to reduce the number of occupational safety and health hazards at their places of employment. The Secretary of Labor is authorized by the Act to set mandatory standards applicable to businesses affecting interstate commerce, and the Occupational Safety and Health Review Commission was created to handle the adjudication arising from enforcement of the Act. An employer's duties under the Act are to provide employees a work environment "free from recognized hazards that are causing or are likely to cause death or …

The Duty Of Fair Representation In Grievance Administration: A Specific Test Modeled On Judge Bazelon's Dissent In United States V. Decoster

Washington and Lee Law Review

No abstract provided.

First National Maintenance Corp. V. Nlrb: The Supreme Court Narrows Employers' Section 8(A)(5) Duty To Bargain

Washington and Lee Law Review

No abstract provided.

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

Remedial Collective Bargaining Orders: Compelling Employers Recognition Where The Union Has Never Attained A Majority, 15 J. Marshall L. Rev. 649 (1982), Leslie Sammarco

UIC Law Review

No abstract provided.

Employee Termination At Will: A Principled Approach, Ellen Rust Peirce, Richard A. Mann, Barry S. Roberts

Villanova Law Review

No abstract provided.

Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen

Articles

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against job applicants or employees on the basis of race, color, religion, sex, or national origin. The statute proscribes both intentional discrimination and facially neutral selection devices that disproportionately exclude members of minority groups from certain jobs and are unrelated to job performance. Proponents of the "bottom line defense" argue that even where the plaintiff proves that a particular step in the hiring or promotion process disparately affects minorities, title VII is not violated if the employer demonstrates that the result of the entire selection process, the …

The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas

Faculty Publications

No abstract provided.

Labor Law - National Labor Relations Act - Duty To Bargain Over Partial Closings, Carol A. Behers

Duquesne Law Review

The United States Supreme Court had held that although an employer who terminated a contract with one of its commercial customers purely for economic reasons was required to bargain with the union about the effects of its decision, there was no duty to bargain with the union about the decision itself.

First National Maintenance Corp. v. National Labor Relations Board, 452 U.S. 666 (1981)

A Reexamination Of The Role Of Employer Motive Under Sections 8(A)(1) And 8(A)(3) Of The National Labor Relations Act, Paul N. Cox

Seattle University Law Review

The question of the role of employer motive in analysis of the unfair labor practices defined by Sections 8(a)(1) and (3) of the National Labor Relations Act has troubled the National Labor Relations Board and the courts from time of the enactment of that legislation. Despite repeated efforts by the Supreme Court to authoritatively define that role and repeated efforts by academics to advise the Court in the task, motive's function remains confused—the subject of diverse viewpoints compromised in the cases by an analysis which submerges fundamental isssues in the language of procedural burdens of proof. The Board, which had …

Limiting The Right To Terminate At Will -Have The Courts Forgotten The Employer?, Charles A. Brake, Jr.

Vanderbilt Law Review

This Note examines the extent to which courts should apply the public policy exception to abrogate the common-law right of an employer to terminate at will. Although some limits must be placed upon employers in order to protect those employees who lack adequate bargaining power, this Note proposes that the courts should strike a balance among the interests of the employer, the employee, and society. This balance can be achieved by limiting the public policy exception to those instances in which an employee is discharged in contravention of a legislatively articulated public policy. This approach would achieve equitable results since …

Canadian Academic Tenure And Employment: An Uncertain Future?, Innis Christie, David J. Mullan

Innis Christie Collection

Canadian academic employment relationships can be said to fall into three categories:

1. The traditional "contract-statute" relationship
2. The collective bargaining relationship, and
3. The "special plan" relationship.

What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.

Into The Mire Of Uncertainty: Union Disciplinary Fines And Nlra 8(B)(1)(A), James B. Zimarowski

West Virginia Law Review

The scope and variety of the... problems suggest that Section 8(b)(1) may plunge the Board [National Labor Relations Board] into a dismal swamp of uncertainty. Its vagueness alone, not to mention the broad interpretations put upon it in debates in Congress, encourages the filing of great numbers of charges.... A long period of uncertainty and heavy volume of litigations will be necessary before questions of interpretation can be solved. Professor Cox's prediction has proved to be accurate. The legal parameters of appropriate vis-à-vis inappropriate levying of disciplinary fines is still developing. This development is on a slow case by case …

Structure Of Labor Relations, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth

Campbell Law Review

This note will examine the Court's rationale and the implications of the North Haven Board of Education v. Bell decision.

The Rights Of A Mexican Concubine Under Arizona Workmen's Compensation Law, John Flood

Articles by Maurer Faculty

The case of Fidel Ochoa Urquijo (deceased), Rosa Elda Velasquez (alleged widow) et al. v. Reidhead Enterprises and State Compensation Fund, decided by the Industrial Commission of Arizona in 1981, considers whether a woman, recognized as a surviving concubine under the laws of the Republic of Mexico, is entitled to widow's benefits under the Workmen's Compensation Act of the State of Arizona (the Arizona Act) upon the death of her Mexican national "husband, " when that death arose out of and in the course of his legal employment with an Arizona employer. Under Mexican law, a surviving concubine of an …

You're Fired!, Theodore J. St. Antoine

Articles

In 1967 Professor Lawrence Blades of Kansas criticized the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years saw a remarkable reaction. With rare unanimity, a veritable Who's Who of labor academics and labor arbitrators, Aaron, Blumrosen, Howlett, Peck, Stieber, and Summers, to name only some, stepped forth to embrace Blades' notion, and to refine and elaborate it. But the persons who counted the most, the judges and the legislators, hung back. In the 1960s, vast strides were taken at both the federal …

New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger

Fordham Urban Law Journal

In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.

Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London

Fordham Urban Law Journal

As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …

The Framework Of Democracy In Union Government, Roger C. Hartley

Scholarly Articles

This article ventures into, and attempts to clarify, the context that affects and is affected by the law regulating union government. Drawing extensively from disciplines other than law, it posits a unified role for this body of law by focusing on unions' assigned societal functions and the realities of their structure and government. Part II traces the context in which the law regulating union government develops. It first describes the dual governments unions administer, and the competing interests within each that law must accommodate. It then suggests possible causes of the doctrinal fragmentation observed in the law regulating union government, …

Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser

Scholarly Works

Analysis of Norris v. Arizona Governing Comm., 671 F.2d 330 (9^th Cir. 1982).

Employee Concerted Activity Protesting The Discharge Of A Supervisor: A Review And A Call For Reform, Michael E. Caples

Villanova Law Review

No abstract provided.

Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis

Cleveland State Law Review

In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …

Balancing The Management And Property Rights Of The Employer Against Employee's Section 7 Rights, Leonard J. Spooner

LLM Theses and Essays

This thesis demonstrates the analysis used by the National Labor Relations Board and the courts in their task of drawing a line at which the employee’s rights begin under labor legislation and the employer’s prerogative ends.

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …

Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore St. Antoine

Book Chapters

The law seems able to absorb only so many new ideas in a given area at one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate it …

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.