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David L. Gregory

Employment Practice

Publication Year

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Unsafe Workplaces, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory Aug 2008

Unsafe Workplaces, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

David L. Gregory

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Unsafe Workplaces, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory Aug 2008

Unsafe Workplaces, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

David L. Gregory

A particularly pernicious constriction of the scope of protection available under Section 7 of the National Labor Relations Act has occurred with respect to injured employees. Employees who complain about workplace safety and health issues are within the ambit of Section 7, protected against employer retaliation for having complained. Meanwhile, however, employees injured by those same workplace safety and health hazards, and who consequently exercise their state workers compensation law statutory rights to claim workers compensation monetary and medical care benefits, are not protected by Section 7. If the employer retaliates against the injured employee for claiming state workers compensation …


Some Reflections On Labor And Employment Ramifications Of Diocesan Bankruptcy Filings, David L. Gregory Sep 2007

Some Reflections On Labor And Employment Ramifications Of Diocesan Bankruptcy Filings, David L. Gregory

David L. Gregory

Sexual abuse of children by Roman Catholic clergy is perhaps the greatest scandal in the history of the Catholic Church in the United States. On September 7, 2007, the San Diego, California diocese settled with 144 claimants for $198 million. In mid-July, the Los Angeles Archdiocese settled with 508 claimants for $660 million. No article in the burgeoning law review literature on the scandal and its aftermath has focused on the labor and employment ramifications of diocesan bankruptcy filings. After first presenting the situations in the five dioceses that have filed for bankruptcy, I discuss the case and canon law …