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Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
Awakening The Spirit Of The Nlra: The Future Of Concerted Activity Through Social Media, Benjamin J. Hogan
West Virginia Law Review
No abstract provided.
The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs
The Wellness Approach: Weeding Out Unfair Labor Practices In The Cannabis Industry, Taylor G. Sachs
Florida State University Law Review
Selected Campaign Tactics Permitted Under The National Labor Relations Act, John D. Frisby Jr.
Selected Campaign Tactics Permitted Under The National Labor Relations Act, John D. Frisby Jr.
Akron Law Review
The thrust of this discussion is to concentrate on several tactics utilized mainly by employers (Soliciting and/or Remedying Grievances during an Election Campaign and Interrogation and Polling) and a tactic used solely by the union (Waiver of Initiation Fees). Following these discussions, a chapter will be devoted to Interference with the Board's Election Process by both parties. Finally, the issue of Misrepresentations in an election campaign will be discussed in depth as this issue is very important today in light of the ever changing approach of the Board over the past several decades.
Judicial Interference With The Nlrb: Yeshiva University And The Definition Of "Managerial", Jane Clark Casey
Judicial Interference With The Nlrb: Yeshiva University And The Definition Of "Managerial", Jane Clark Casey
Akron Law Review
On February 20, 1980, the United States Supreme Court, in NLRB v. Yeshiva University, decided that the full-time faculty members of Yeshiva University are managerial employees excluded from the coverage of the National Labor Relations Act. The decision was an affirmation of the Second Circuit Court of Appeals and a rejection of the position taken by the National Labor Relations Board. This paper reviews judicial interference with National Labor Relations Board decision-making generally, comments on the merits of the Yeshiva decision, and assesses the particular significance of the Court's interference with the National Labor Relations Board definition of "managerial."
Coercive Conduct And Evidentiary Hearings; Atr Wire And Cable Co. V. Nlrb, Patricia A. Mcintyre
Coercive Conduct And Evidentiary Hearings; Atr Wire And Cable Co. V. Nlrb, Patricia A. Mcintyre
Akron Law Review
Traditionally, the Sixth Circuit Court of Appeals has closely adhered to this strict standard.' It has done so in compliance with one of the foremost policies of the Act - the alleviation of labor unrest by expediently certifying bargaining units. ATR Wire and Cable Co. v. NLRB, "I however, represents the current willingness of the Sixth Circuit to de-emphasize the importance of expediently certifying bargaining representatives. First, the circuit will not hesitate to remand a case with direction to the NLRB to conduct an evidentiary hearing when it determines that the Board adopted the Regional Director's recommendation to certify …
The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine
The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine
Articles
Decisions of the National Labor Relations Board (NLRB), like those of other administrative agencies, are subject to review by the federal judiciary. Standards of review have evolved over time. The Administrative Procedure Act of 1946 provides that administrative decisions must be in accord with law and required procedure, not arbitrary or capricious, not contrary to constitutional rights, within an agency's statutory jurisdiction, and supported by substantial evidence. In practice, more attention is paid to two Supreme Court decisions, Skidmore (1944) and Chevron (1984). For many years Chevron seemed the definitive test. A court must follow a clear intent of Congress, …
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Collective Bargaining And The Coase Theorem, Stewart J. Schwab
Stewart J Schwab
No abstract provided.
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
The Worker Dislocation Dilemma In The United States And Great Britain: Contrasting Legal Approaches, Peter E. Millspaugh
Georgia Journal of International & Comparative Law
No abstract provided.
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges
Friedrichs V. California Teachers Association: The American Labor Relations System In Jeopardy, Ann C. Hodges
Law Faculty Publications
The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging …
Putting The Rabbit Back In The Hat: Noel Canning's Impact On Eighteen Months Of Nlrb Decisions And Future Presidential Appointments, Paul Kind
Loyola of Los Angeles Law Review
No abstract provided.
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf
From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf
Indiana Law Journal
This Article explains how student-athletes already have a significantly influential voice. The Author calls upon his personal experience as a former Division I student-athlete and Chair of the NCAA Division I National Student-Athlete Advisory Committee to show that student athletes are capable of effectuating change by expressing themselves through existing means, rather than unionization.