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United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Washington Law Review
It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Toward A Theory Of Rights For The Employment Relation, Robert Brousseau
Washington Law Review
It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …
State Civil Service Law—Civil Service Restrictions On Contracting Out By State Agencies—Washington Federation Of State Employees V. Spokane Community College, 90 Wn. 2d 698, 585 P.2d 474 (1978), Timothy P. Dowling
Washington Law Review
This note will analyze the Spokane court's rationale for adopting the "nature of the services" test, which generally prohibits contracting for services which could be performed by civil service employees. The note argues that the Spokane rule is unsound for reasons of public policy, and contrary to the result reached in all but one jurisdiction which has addressed the issue. Finally, a rule will be proposed which would adequately protect the civil service system without unnecessarily hampering administrative flexibility and governmental economy in the areas where the 1979 Act is not applicable.