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0434 Study Of Old Age Pension Program, Colorado Legislative Council
0434 Study Of Old Age Pension Program, Colorado Legislative Council
All Publications (Colorado Legislative Council)
No abstract provided.
In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein
In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein
South Carolina Law Review
No abstract provided.
Where Are We Now?: Life After Electromation, Rafael Gely
Where Are We Now?: Life After Electromation, Rafael Gely
Faculty Publications
Given the expectations that preceded the Board's decisions, and the reactions that followed, it is somewhat surprising how little attention has been given to the decisions the NLRB has issued since Electromation and E.I. du Pont. While in general these recent decisions are consistent with the holdings in Electromation and E.I. du Pont, they provide us with the opportunity to analyze the manner in which the Board is currently dealing with the legality of workplace cooperative efforts. This article explores that issue. Part II of the article provides a brief overview of the workplace cooperative efforts problem. Part III reviews …
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton
Faculty Scholarship
The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman
"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman
Faculty Publications
In a recent article we discuss the issue of the use of permanent replacements for striking employees under the National Labor Relations Act (NLRA) Our discussion focuses on the efficiency aspects of the seminal 1938 case of NLRB v. Mackay Radio and Telegraph Co. In the article, we propose a “negotiations” approach, which we argue is likely to result in a more economically efficient interpretation of the Mackay doctrine. As has been the case with other proposals made with respect to this very contentious issue, our proposal has confronted some criticism. Professor William R. Corbett, in a recent piece in …
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Whose Team Are You On? My Team Or My Team?: The Nlra's Section 8(A)(2) And The Team Act, Rafael Gely
Faculty Publications
This article analyzes employee participatory programs from the internal labor markets perspective. Internal Labor Markets (“ILM”) refer to the explicit or implicit agreements between employer and employees incorporating rules governing wages, working hours, promotion opportunities and grievance procedures. In order to function properly, ILMs require employees to learn skills that are valuable to the contracting firm, but are of much lesser value elsewhere. Employees agree to acquire such “firm-specific” skills and employers agree to subsidize the training needed to obtain these new skills. It is a mutually beneficial arrangement: employers expect to observe increases in productivity and efficiency and employees …
The Railway Labor Act Of 1926 And Modern-Day Airline Labor Strife: Progress Toward Labor Peace Begins With Overruling Williams V. Jacksonville Terminal Co., Mark A. Schuler
Seattle University Law Review
This Comment argues that Williams v. Jacksonville Terminal Co. either should be overruled, or should be appropriately limited to the fact-specific setting under which it was decided. To develop this thesis, Part II of this Comment will discuss both the history of labor unrest which drove Congress to pass the RLA and the design features of the RLA legislation which facilitate an atmosphere of cooperative bargaining through which the RLA dispute resolution system operates. Part III will discuss the first impression Williams case, wherein the Supreme Court gave an overly restrictive interpretation to the RLA, and will also discuss the …
Protecting Older Americans Working For Foreign Employers From Age Discrimination In Employment, Lisa A. Butler-Brust
Protecting Older Americans Working For Foreign Employers From Age Discrimination In Employment, Lisa A. Butler-Brust
Fordham Law Review
No abstract provided.
Commodification And Women's Household Labor, Katharine B. Silbaugh
Commodification And Women's Household Labor, Katharine B. Silbaugh
Faculty Scholarship
A woman washes a kitchen floor. She puts the mop away and drives to the comer market. She consults a shopping list, and purchases groceries from it, carefully choosing the least expensive options. A four-year-old child is tugging at her leg while she does this, and she tries to entertain him, talking to him about the mopped floor, the grocery items. When she returns from the store, she prepares lunch from what she has brought home with her. She and the child both eat lunch. After lunch, she and the child collect laundry and she runs a load. She takes …
The Polygamous Heart?, Katharine B. Silbaugh
The Polygamous Heart?, Katharine B. Silbaugh
Faculty Scholarship
Workers, particularly women, are increasingly vocal about the poverty of family time that their jobs allow them. But what if a company responded by offering family-friendly policies that would reduce work hours, like job-sharing and parttime work, and no one signed up for them? What if instead workers signed up for “familyfriendly” services like long-hour on-site daycare that made it easier to stay at work longer? Sociologist Arlie Hochschild seeks to explain this puzzle in The Time Bind: When Work Becomes Home s Home Becomes Work. She portrays the modern workplace as carefully engineered to be friendly, relaxed, supportive, appreciative …