Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Loyola University Chicago, School of Law (13)
- Villanova University Charles Widger School of Law (8)
- University of Michigan Law School (6)
- Fordham Law School (5)
- Vanderbilt University Law School (4)
-
- William & Mary Law School (4)
- Mercer University School of Law (3)
- University of Washington School of Law (3)
- Cleveland State University (2)
- University of Kentucky (2)
- Washington and Lee University School of Law (2)
- Brigham Young University Law School (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- North Carolina Central University School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Richmond (1)
- West Virginia University (1)
- Keyword
-
- Labor Law (6)
- Labor unions (4)
- National Labor Relations Act (4)
- Collective bargaining (3)
- Employees (3)
-
- Age Discrimination in Employment Act (2)
- Age discrimination (2)
- Arbitration (2)
- Civil Rights (2)
- Compensation (2)
- Constitutional Law (2)
- Discrimination (2)
- Employers (2)
- Employment (2)
- Employment Discrimination (2)
- Employment law (2)
- Equal Employment Opportunity (2)
- Equal Pay Act (2)
- Fair Labor Standards Act (2)
- Federalism (2)
- Labor-Management Reporting and Disclosure Act (2)
- National Labor Relations Board (2)
- Organized labor (2)
- Racial Discrimination (2)
- Sex Discrimination (2)
- Strikes (2)
- Title VII (2)
- ADEA (1)
- Admiralty (1)
- Age Discrimination Employment Act (1)
- Publication
-
- Loyola University Chicago Law Journal (13)
- Villanova Law Review (8)
- Fordham Urban Law Journal (5)
- University of Michigan Journal of Law Reform (5)
- William & Mary Law Review (4)
-
- Mercer Law Review (3)
- Washington Law Review (3)
- Cleveland State Law Review (2)
- Kentucky Law Journal (2)
- Vanderbilt Journal of Transnational Law (2)
- Vanderbilt Law Review (2)
- Washington and Lee Law Review (2)
- BYU Law Review (1)
- Buffalo Law Review (1)
- Florida State University Law Review (1)
- Indiana Law Journal (1)
- Michigan Law Review (1)
- North Carolina Central Law Review (1)
- UIC Law Review (1)
- University of Richmond Law Review (1)
- West Virginia Law Review (1)
Articles 1 - 30 of 60
Full-Text Articles in Law
Construction Union Hiring Halls: Service Under A Collective Bargaining Agreement As A Prerequisite To High Priority Referral, Leslie W. Bailey Jr.
Construction Union Hiring Halls: Service Under A Collective Bargaining Agreement As A Prerequisite To High Priority Referral, Leslie W. Bailey Jr.
William & Mary Law Review
No abstract provided.
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Washington Law Review
This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.
The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe
Washington Law Review
In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …
Nlrb Election Law, Cornelius J. Peck
Nlrb Election Law, Cornelius J. Peck
Washington Law Review
A book review essay considering Union Representation Elections: Law and Reality, by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman (1976).
Employee Opposition To Discriminatory Employment Practices: Protection From Reprisal Under Title Vii, Joseph Kattan
Employee Opposition To Discriminatory Employment Practices: Protection From Reprisal Under Title Vii, Joseph Kattan
William & Mary Law Review
No abstract provided.
The Integrity Of The Arbitral Process, Roger I. Abrams
The Integrity Of The Arbitral Process, Roger I. Abrams
Michigan Law Review
Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Review the question of the role law should play in labor arbitration. Shulman urged "that the law stay out," while Cox argued that courts would come to understand the special nature of the arbitration process and would accordingly limit the extent of judicial intervention. The impact of their discussion has, of course, been mooted by the numerous judicial decisions implanting private arbitration within the federal law of the collective agreement. From the Supreme Court has come a formidable legal superstructure for the labor …
Booker V. Medical Center: Workman's Compensation And The Infectious Disease, James H. Hughes
Booker V. Medical Center: Workman's Compensation And The Infectious Disease, James H. Hughes
North Carolina Central Law Review
No abstract provided.
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
University of Michigan Journal of Law Reform
After examining the structure and tax consequences of ESOPs, this note will argue that ESOPs should guarantee employees full voting rights over securities transferred to them under such plans. This note will also propose that ESOPs can be used in employee takeovers of corporations as part of a plan to help prevent plant closings.
New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable
New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable
Buffalo Law Review
No abstract provided.
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Vanderbilt Law Review
In order to give approximately 1,400,0001 health care employees the protection enjoyed by employees under the National Labor Relations Act (NLRA), Congress amended the Act in 1974 to make health care institutions "employers. Recognizing the public's dependence upon the unique services provided by health care facilities, Congress was hesitant, however, to extend coverage under the Act to health care employees without providing additional safe-guards. These safeguards are embodied in the following special provisions: (1) the extension of the sixty-day notice requirement for modification of an expiring contract to ninety days; (2) the creation of a thirty-day notice requirement of a …
Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.
Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.
Indiana Law Journal
No abstract provided.
Labor Law, Robert W. Ashmore, Michael H. Campbell
Labor Law, Robert W. Ashmore, Michael H. Campbell
Mercer Law Review
During 1976, the Fifth Circuit Court of Appeals again issued a substantial number of decisions interpreting and applying the growing number of federal statutes governing employer-employee relationships.' It is noteworthy that of nearly 60 cases reviewed, 29 were reversed, vacated or modified, at least in part. Factors such as the high percentage of unorganized employees in the circuit and the consequent active union organizing efforts provided the court with a wide variety of labor cases and with, perhaps, greater familiarity with the law in this area than some other circuits have. For whatever reasons, the court's decisions this term indicate …
If Coverage Of 'No-Strike' Clause Is Only Issue For Arbitrtor, Strike May Not Be Enjoined, Robert C. Clark Jr.
If Coverage Of 'No-Strike' Clause Is Only Issue For Arbitrtor, Strike May Not Be Enjoined, Robert C. Clark Jr.
Mercer Law Review
In Buffalo Forge Co. v. Steelworkers of America, the U.S. Supreme Court held in a 5-4 decision that §4 of the Norris-La Guardia Act' prevents a federal court from enjoining a sympathy strike while an arbitrator is deciding whether the strike is covered by a no-strike clause. The Court's decision settled the sole question left unanswered by Boys Markets, Inc. v. Retail Clerks Union.
Denying Maternity Benefits Is Not Sex Discrimination Under Title Vii, Dewey Ray Mckenzie Jr.
Denying Maternity Benefits Is Not Sex Discrimination Under Title Vii, Dewey Ray Mckenzie Jr.
Mercer Law Review
The U.S. Supreme Court, in General Electric v. Gilbert, held that the exclusion of pregnancy benefits from General Electric's general coverage disability plan for employees did not violate Title VII of the Civil Rights Act of 1964. General Electric's disability plan provided sickness and accident benefits for all employees, including those who became disabled as a result of a non-occupational sickness or accident. The plaintiffs in the initial suit were hourly paid production workers in General Electric's Salem, Virginia, plant, each of whom had become pregnant and had filed a claim for disability benefits. Each had been denied payment …
Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant
Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
Vanderbilt Law Review
The amended National Labor Relations Act (the Act) guarantees that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations to each other."' In furtherance of this objective, the Taft-Hartley and Landrum-Griffin amendments substantially increased the Act's protection of individual employee rights and sharply restrained many union activities that were deemed economically and socially undesirable. Those amendments, however, left intact the basic structure of the original Wagner Act providing for establishment of collective bargaining whenever a majority of the employees in an appropriate bargaining unit designate a bargaining agent to represent them. Once a …
Binding Interest Arbitration In The Public Sector: Is It Constitutional?
Binding Interest Arbitration In The Public Sector: Is It Constitutional?
William & Mary Law Review
No abstract provided.
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
University of Michigan Journal of Law Reform
It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.
Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case
Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case
University of Michigan Journal of Law Reform
This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.
Coverage Under The Lhwca Amendments Of 1972: Developing A Practical, Uniformly Applicable Interpretation Of The Status Requirement
William & Mary Law Review
No abstract provided.
Federal Regulation Of Union Political Expenditures: New Wine In Old Bottles, Stanley N. Hatch
Federal Regulation Of Union Political Expenditures: New Wine In Old Bottles, Stanley N. Hatch
BYU Law Review
No abstract provided.
National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman
National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman
University of Michigan Journal of Law Reform
In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.
Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
Vanderbilt Journal of Transnational Law
Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …
Reprisal Discharges Of Union Officials, Alan V. Reuther
Reprisal Discharges Of Union Officials, Alan V. Reuther
University of Michigan Journal of Law Reform
Usually union officers and employees are also members of their union. The dual status of officer-members and employee-members places them in a unique situation under the LMRDA. As union members, they are entitled to the rights enumerated in Title I. As union officers and employees, however, they serve at the pleasure of their superiors. This situation raises the question whether officer- and employee-members have a cause of action under the LMRDA when they are discharged in retaliation for exercising rights protected under Title 1. Resolution of this question depends upon whether or not such reprisal discharges violate the provisions of …
Fact And Fiction Concerning Multinational Labor Relations, John C. Shearer
Fact And Fiction Concerning Multinational Labor Relations, John C. Shearer
Vanderbilt Journal of Transnational Law
This article briefly reviews the magnitude, nature, and growth of the foreign investments of American-based MNCs, especially those in the nine member countries of the European Community (EC), and summarizes the major union fears and aspirations that arise from the rapid growth in scope and power of MNCs. The article focuses on the realities and fantasies surrounding the prospects for multinational collective bargaining with MNCs, which is widely viewed as the most feasible means by which unions can protect their vital interests threatened by MNCs. Unfortunately, in discussions of this matter considerable fiction is often mixed with fact. Some observers …
General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen
General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen
UIC Law Review
No abstract provided.
Compensating For Race Or National Origin In Employment Testing, Michael A. Reiter
Compensating For Race Or National Origin In Employment Testing, Michael A. Reiter
Loyola University Chicago Law Journal
No abstract provided.
Finality And Fair Representation: Grievance Arbitration Is Not Final If The Union Has Breached Its Duty Of Fair Representation.
Washington and Lee Law Review
No abstract provided.
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Cleveland State Law Review
Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …