Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Boycotts (2)
- Affirmative action (1)
- Arbitration (1)
- Collective bargaining (1)
- Employees (1)
-
- Employers (1)
- Employment at will (1)
- Employment discrimination (1)
- Labor (1)
- Labor and the constitution (1)
- Labor organization (1)
- Labor unions (1)
- Law reform (1)
- Legislative drafting (1)
- Model Employment Termination Act (1)
- Model acts (1)
- National Labor Relations Act (NLRA) (1)
- Picketing (1)
- Strikes (1)
- Uniform Law Commission (1)
- United States Supreme Court (1)
- Wagner Act (1)
- Wrongful discharge (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
Articles
The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …
Labor, Theodore J. St. Antoine
Labor, Theodore J. St. Antoine
Book Chapters
Labor relations present three principal kinds of constitutional issues. First, to what extent does the first amendment protect employees’ efforts to organize labor unions and solicit support, and to what extent does it limit the power of unions over their members? Second, how does the doctrine of federal preemption restrict the states in regulating union and management activities? Third, what due process guarantees may employers and employees invoke in response to federal and state laws establishing new substantive rules and remedies in employment? Although the Supreme Court has never squarely?
Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Other Publications
It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …