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Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery Jan 2001

Extending Weingarten To The Nonunion Setting: A History Of Oscillation, Sarah C. Flannery

Cleveland State Law Review

Passed in response to the nineteenth century hostility towards union activity, the NLRA traditionally was viewed as a pro-union statute. However, as much as the Act contains provisions clearly aimed at protecting union activity, the Act explicitly applies to non-union employees as well as union employees. Nevertheless, many nonunion employers and employees are unaware of the existence of the NLRA despite it being the only law governing the relationship between an employer and its employees as a group in most private sector establishments in this country. This Note analyzes the conflicting history surrounding this issue and asserts that the necessary …


No Pain, No Gain, No Compensation: Expoliting Professional Athletes Through Substandard Medical Care Administered By Team Physician, Nick Dicello Jan 2001

No Pain, No Gain, No Compensation: Expoliting Professional Athletes Through Substandard Medical Care Administered By Team Physician, Nick Dicello

Cleveland State Law Review

This note discusses the role of the team physician and the unique conflicts he or she faces when providing medical care to athletes. In particular, the note describes the pressure team doctors experience from team management, the coaching staff, and the players themselves. Next, the note discusses the types of claims professional athletes have brought against their doctors and team employers and how the terms of collective bargaining agreements (CBA) and workers' compensation laws create obstacles to their recovery. The note will explore the need for a specialized legal standard within the practice of sports medicine and identify the disincentive …