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Full-Text Articles in Law
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
Fordham Urban Law Journal
Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman
Fordham Urban Law Journal
The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay
Fordham Urban Law Journal
The private security industry is experiencing great prosperity. Despite the job opportunities in the industry, however, there are various problems endemic to employment as a security guard. Wages are usually low and risks can be high. While union membership has increased among security guards, collective bargaining has been unsuccessful in alleviating the occupation's problems. Section 9(b)(3) of the National Labor Relations Act specifically prevents the Board from finding a unit appropriate if it includes both guards and non-guards. This section cannot be applied properly without first considering the Act's overall policies and Congress' specific intention in passing this section. Meanwhile, …
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig
Fordham Urban Law Journal
Since the Supreme Court held in Griggs that Title VII of the Civil Rights Act of 1964 prohibits employers from using employment selection systems which are not job-related or which act as "built in headwinds" for minorities, employment tests have been subject to more challenges in courtrooms. Since Griggs, courts have presumed employment tests challenged pursuant to Title VII to be invalid once the plaintiffs establish that the tests produce an adverse impact upon minorities. However, these courts have not suggested many alternative methods of testing and those that have been suggested are generally unworkable for employers who must comply …