Law Commons^™

Sailing The Uncharted Seas Of Asbestos Litigation Under The Longshoremen's And Harbor Workers' Compensation Act, Samuel J. Smith, Stephen J. Birek Jr.

William & Mary Law Review

No abstract provided.

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

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

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

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 …

Employer Lawsuits Against Employees-The Right To Invoke The Legal Process Despite Anti-Union Motivation Or Coercive Effect On Section 7 Rights, Val John Christensen

BYU Law Review

No abstract provided.

Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page

BYU Law Review

No abstract provided.

Employment Law And The Mentally Handicapped, J. Helen Beck

Dalhousie Law Journal

Mental handicaps affect a suprisingly large part of the community. If the handicapped cannot make themselves self-sufficient, they become a great economic burden whereas they may have the potential of being contributors to society. This paper will examine aspects of the law relating to employment opportunity and certain social service structures, and question the extent to which they further a handicapped person's goal of fulfilling his employment potential. Field research was done only in the Halifax area, but the analysis is pertinent across Canada because the statutory provisions, social services and social assistance structures found in Halifax are on the …

Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …

Re Halifax (City Of) And International Association Of Firefighters, Local 268, Innis Christie

Innis Christie Collection

Interest Arbitration relating to cost of living and reopener.

The negotiation of the current collective agreement between the parties, over the spring, summer and early autumn of 1979, was difficult. It involved a four-day strike which was concluded without final agreement on all issues. It was not, however, the understanding of the union's negotiating team that the percentage increase in the consumer price index required to trigger the re­opening of the agreement with respect to wages six months prior to its termination date was one of those issues, although there was some uncertainty about the technicalities in the wording of …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Employee Grievance alleging unjust discharge.

On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job.

The Eeoc Today - An Update For The 1980'S: A New Creativity, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The New Property, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Bottom Line Concept In Equal Employment Opportunity Law, Alfred W. Blumrosen

North Carolina Central Law Review

No abstract provided.

Transcript Of Hearing On Effectiveness Of Affirmative Action In The Public Sector, Assembly Select Committee On Fair Employment Practices

California Assembly

The subject of today's interim hearing is one of the most sensitive of public policy issues: affirmative action in public employment. This Committee will be examining the state of affairs of the state and local governments efforts relative to affirmative action and equal employment both in the areas of "hiring" and upward mobility. Additionally, the Committee will develop proposals to encourage and stimulate more effective affirmative action progr~s in the private and public sectors.

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …

Employee Stock Ownership Plans: An Analysis Of Current Reform Proposals, Luis L. Granados

University of Michigan Journal of Law Reform

This article surveys the battle between the critics and advocates of the ESOP, and scrutinizes various proposals currently being considered in the legislative arena. Part I examines the philosophy and history of the ESOP, particularly focusing upon the conceptual foundations provided by the writings of Louis Kelso. Part II explicates the various functions performed by the ESOP: as a tool of corporate finance, as an "in-house" market for the sale of stock held by a company's shareholders, and as a means of obtaining additional investment tax credit. Part III analyzes critically six proposed improvements of the ESOP system from both …

County Of Washington, Oregon V. Gunther, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Equal Employment Opportunity Commission (Eeoc) V. Associated Dry Goods Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

American Textile Mfrs. Institute, Inc. V. Donovan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Noncompete Agreements By The Former Employee: A Florida Law Survey And Analysis, Kendall B. Coffey

Florida State University Law Review

No abstract provided.

Memo Of Law Of Defendant-Appellant In Support Of Motion For An Order Reopening Record On Appeal, Sumitomo Shoji America, Inc.

Avagliano v. Sumitomo: On Remand to the District Court

No abstract provided.

Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold

University of Arkansas at Little Rock Law Review

No abstract provided.

Workers' Compensation–Statute Of Limitations On Seeking Additional Benefits, Robert E. Mccallum

University of Arkansas at Little Rock Law Review

No abstract provided.

Forty-Sixth Annual Report Of The National Mediation Board, National Mediation Board

Federal Documents

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr., On Removing The Apprenticeship Exemption From The Age Discrimination In Employment Act, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr. To Section 32.15 Of The Final Draft Of The Department Of Labor's Regulations Implementing Section 504 Of The Rehabilitation Act Of 1973, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr., Re: The September 16, 1980 Vote Of The Equal Employment Opportunity Commission On Freedom Of Information Act Appeal No. 80-7-Foia-377, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Federal Affirmative Effort On Behalf Of Historically Black Colleges And Universities, J. Clay Smith Jr.

Selected Speeches

No abstract provided.