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The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
Washington Law Review
In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …
The Nlrb And The Negotiation Process: A Proposal For A Procedural Fairness Standard Of Review For Unfair Labor Practice Settlements, Andrew F. Fuller
The Nlrb And The Negotiation Process: A Proposal For A Procedural Fairness Standard Of Review For Unfair Labor Practice Settlements, Andrew F. Fuller
Washington Law Review
This Comment will show that the Board's policy of stringent review of the substantive terms of formal settlements is contrary to the purpose of the NLRA. The policy discourages and causes rejection of settlement agreements. In addition, the policy is inconsistent with the negotiation process and with other Board policies. As an alternative to its present policy of stringent substantive review, this Comment proposes that the Board implement a procedural fairness standard of review. This proposed standard would further the purposes of the NLRA and would provide for a realistic degree of review in terms of the negotiation process. Moreover, …
Employment At Will: Just Cause Protection Through Mandatory Arbitration, Warren Martin
Employment At Will: Just Cause Protection Through Mandatory Arbitration, Warren Martin
Washington Law Review
Employees' primary interest in wrongful termination litigation is job security. Job security has many meanings. It may imply a tenure system with discharge for exceptional circumstances only. On the other hand, it may refer to a limited training and transfer system for reassigning displaced employees. The question is what type of "security" the average employee needs. Employers, by contrast, are primarily interested in management freedom. Restricting management's freedom to terminate employees affects the employer by increasing costs and reducing productivity. Productivity is reduced when management retains incompetent or unnecessary employees for fear of litigation. Costs are increased through both litigation …