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Cleveland State University

Journal

1972

Employment law

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Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith Jan 1972

Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith

Cleveland State Law Review

The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …


Occupational Safety And Health Act Of 1970, Lee Hornberger Jan 1972

Occupational Safety And Health Act Of 1970, Lee Hornberger

Cleveland State Law Review

More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …