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The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of …

Penalties Under The Occupational Safety And Health Act Of North Carolina, Michael R. Smith

North Carolina Central Law Review

No abstract provided.

Vol. 7, No. 4, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

Two Models of the Right to Strike, by Martin H. Malin

Recent Developments, by the Student Editorial Board

Announcements

Further References, compiled by Margaret A. Chaplan

Book Reviews, John M. Gleason

RISK: Health, Safety & Environment (1990-2002)

Reviews of the books: Mark A. Rothstein, Medical Screening and the Employee Health Cost Crisis (BNA Books 1989). Foreword Edward L. Baker, MD, MPH. 296 pp. Notes, figures, tables, glossary of legal terms, glossary of medical and health care terms, table of cases and index. LC 89-977; ISBN 0-87179-628-7.

Robert Decresce, Mark Lifshitz, Adrianne Mazura, & Joseph Tilson, Drug Testing In The Workplace (ASCP Press and BNA Books 1989). Forewords by Edward Miller, JD and George Lundberg, MD. 278 pp. Notes, figures, tables, table of cases and index. LC 88-39191; ISBN 0-89189-260-5 (ASCP), 0-87179-588-4 (BNA). Both of these books deal …

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.

Terminating At-Will Employment Contracts In Utah Subsequent To Berube V. Fashion Centre, George P. Barbaresi

BYU Law Review

No abstract provided.

Hiv Positive Employees As Handicapped Persons Under State And Federal Law: West Virginia Follows The Trend To Cast Aside Irrational Fear And Prejudice In Favor Of Competent Medical Evidence And Sound Public Policy, Frank W. Volk

West Virginia Law Review

No abstract provided.

Patterson V. Mclean Credit Union: A Narrowing Of Remedies For The Employment Discrimination Plaintiff

Washington and Lee Law Review

No abstract provided.

Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in effect from April 1, 1988 to March 31, 1991 in that the Employer failed to act in accordance with Appendix F, Article 1.5.1 and other articles of the Collective Agreement which are alleged to apply to the grievor.

At the commencement of the hearing counsel agreed that I am properly seized of this matter and that I should remain seized after the issue of this award to deal with any matters arising from its application. They also agreed to waive any time limits, either pre-hearing or post-hearing, in …

Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Vol. 7, No. 3, Cheryl Blackwell Bryson

The Illinois Public Employee Relations Report

Contents:

Health Care Cost Containment: Legal Guidelines under IELRA and IPLRA, by Cheryl Blackwell Bryson

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Article Ii Of The National Bituminous Coal Wage Agreement Of 1988: Contractual Antecedents And Current Issues, Ronald E. Meisburg

West Virginia Law Review

No abstract provided.

Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser

West Virginia Law Review

No abstract provided.

Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.

A Physician's Respondeat Superior Liability For The Negligent Acts Of Other Medical Professionals—When The Captain Goes Down Without The Ship, Lynn D. Lisk

University of Arkansas at Little Rock Law Review

No abstract provided.

In Defense Of Union Involvement In Worker Ownership, Toni Delmonte

In the Public Interest

No abstract provided.

Federal Labor Law Preemption Of State Anti-Takeover Law: A Case Of First Impression—Air Line Pilots Association, International V. Ual Corp., 874 F.2d 439 (7th Cir. 1989), Patrick M. Madden

Washington Law Review

Federal labor laws generally preempt state laws that conflict with or frustrate the federal labor scheme. In Air Line Pilots Association, International v. UAL Corp., the Seventh Circuit held that federal law did not preempt an anti-takeover statute that invalidated anti-takeover provisions in a collective bargaining agreement. This Note analyzes the court's holding and suggests that the court misapplied judicial precedent. Because state anti-takeover laws as applied to labor agreements conflict with and frustrate the federal labor scheme, this Note concludes that these state laws should be preempted.

Vol. 7, No. 2, Thomas F. Sonneborn, Carl S. Tominberg, Jane E. Shaffer

The Illinois Public Employee Relations Report

Contents:

Police and Fire Interest Arbitration in Illinois, by Thomas F. Sonneborn

Trends in Illinois Interest Arbitration, Carl S. Tominberg, Jane E. Shaffer

Recent Developments, by the Student Editorial Board

Further References

The Defense Case For Rico Reform, Terrance G. Reed

Vanderbilt Law Review

Frequent use of the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO)' by government and private litigants has prompted a chorus of criticism during the last five years. This criticism has not been restricted to the narrow confines of the legal profession;many respectable newspapers recently have issued calls for the outright repeal of RICO. Attorneys who regularly defend against criminal or civil RICO allegations cannot take credit for the increasing dissatisfaction with RICO. Rather, it is the successes, and indeed the excesses, of RICO's proponents that have tarnished the statute's image. RICO's revolutionary application to increasingly broad areas of …

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Vanderbilt Law Review

RICO is nearing its twentieth birthday,' but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …

Post-Erisa Interpretation Of Pre-Erisa Pension Plans: Dissention Among The Circuits, Bradley H. Layne

West Virginia Law Review

No abstract provided.

A Theory Of Labor Legislation, Alan Hyde

Buffalo Law Review

No abstract provided.

Employment Leave: Foundation For Family Policy, Mary Jane Gibson

New England Journal of Public Policy

Women and men in the workforce face difficult dilemmas during family crises. Can one be a responsible family member and a responsible employee when an elderly parent is ill, a spouse is disabled, a baby is born or adopted, a child is sick? Employment leave with insurance for wage replacement is a cornerstone of family policy proposed in a workable format in H. 2191 now before the Massachusetts legislature. It can be a model for other states and, someday, the nation.

Re Canada Post Corp And Canadian Union Of Postal Workers (Mcsweeney), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the collective agreement between the employer and the Letter Carriers Union of Canada bearing the expiry date July 31, 1989, in that the employer terminated the grievor contrary to para. 6 of app. "K" without just cause. The union requests that the grievor be returned to the eligibility list for term employees with the right to exercise his seniority in accordance with app. "K".

Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

V. Labor & Employment

Washington and Lee Law Review

No abstract provided.

Re Canada Post Corp And Cupw (N008800005), Innis Christie

Innis Christie Collection

National Union Grievance alleging violation of Article 14.12 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, bearing the expiration date, July 31, 1989, in that the Employer has not "minimized" evening and night work and has not studied the organization of its operations to review evening and night work, taking into account service levels, costs and other relevant factors. The Union requested a declaration that there had been a breach of Article 14.12, an order that the Employer move as much as work as possible from the evening …

Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Women Denied Partnerships Revisited: A Response To Professors Madek And O'Brien, David R. Wade

Hofstra Labor & Employment Law Journal

No abstract provided.