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Articles 1 - 6 of 6
Full-Text Articles in Law
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
University of Michigan Journal of Law Reform
The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.
Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot
Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot
University of Michigan Journal of Law Reform
This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states to …
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
Michigan Journal of International Law
As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …
Conflict Resolution In Industrial Relations, Theodore J. St. Antoine
Conflict Resolution In Industrial Relations, Theodore J. St. Antoine
Book Chapters
Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …
Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine
Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine
Book Chapters
At the end of 1982 the active membership of the United Automobile Workers stood at 1.25 million workers, belonging to about 1,600 local unions in the United States and Canada. There were 1.14 million Americans and 115,000 Canadians. Women accounted for 170,000 memberships in the two countries. A fifth or more of the total may have been retired members. The UAW ranks as the largest manufacturing union, ahead of the United Steelworkers, but behind three unions representing truckers, school teachers, and retail employees. Substantially all the blue-collar workers in the domestic auto industry have been organized, the vast majority by …
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Michigan Journal of International Law
In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …