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Articles 1 - 30 of 39
Full-Text Articles in Law
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
William & Mary Law Review
No abstract provided.
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro
William & Mary Law Review
No abstract provided.
Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer
Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer
Florida State University Law Review
No abstract provided.
The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka
The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka
William & Mary Law Review
No abstract provided.
Labor Law - Corporate Owner Not Employer And Not Eligible For Union Pension Benefits Even Though Union Member - Brauer V. Sheet Metal Workers Pension Plan, James Harris
North Carolina Central Law Review
No abstract provided.
Migrant Housing - A Step Backward, George Edward Graham
Migrant Housing - A Step Backward, George Edward Graham
North Carolina Central Law Review
No abstract provided.
Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy
Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy
Florida State University Law Review
No abstract provided.
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce
West Virginia Law Review
No abstract provided.
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb
West Virginia Law Review
No abstract provided.
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins
West Virginia Law Review
On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …
Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy
Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy
Vanderbilt Law Review
The purpose of this Article has been to reestablish the continued vitality of the several branches of the state action doctrine in the face of recent decisions that have strained noticeably to avoid implementation of one or more elements of the doctrine, often by an illogical insistence on the application of the Jackson nexus requirement. At least in the employment discharge cases, the regular findings of no state action should not be read as casting doubt upon the continued viability of the various elements of state action doctrine, much less as indications that all elements except state-action-by-state-regulation are so obviously …
A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton
A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton
Vanderbilt Law Review
The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …
The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh
The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh
Florida State University Law Review
No abstract provided.
Osha Adopts Best Available Scientific Tests In Identifying Carcinogens
Osha Adopts Best Available Scientific Tests In Identifying Carcinogens
William & Mary Environmental Law and Policy Review
No abstract provided.
Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry
Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry
Vanderbilt Law Review
The decisions of the United States Supreme Court in John Wiley & Sons, Inc. v. Livingston, NLRB v. Burns International Security Services, Inc.,' and Howard Johnson Co. v. Detroit Local Joint Executive Board' have raised, but left unanswered, two significant questions regarding the proper balancing of the parties' interests: (1) does the successor employer's duty to arbitrate with the union under the predecessor's contract survive a corporate change?;and (2) if so, does the arbitrator have the power to impose the substantive terms of the predecessor's labor agreement on the successor? To answer these questions, this Article initially will analyze in …
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
St. Mary's Law Journal
Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …
Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration
BYU Law Review
No abstract provided.
Labor Law-Representation Elections-Nlrb Will No Longer Probe Into Truth Or Falsity Of Parties' Campaign Statements-Shopping Kart Food Market, Inc.
BYU Law Review
No abstract provided.
Nlrb V. Annapolis Emergency Hospital Association: The Propriety Of Conditional Certification As A Means Of Avoiding Employer Domination In The Collective Bargaining Unit
William & Mary Law Review
No abstract provided.
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Dalhousie Law Journal
A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …
Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North
Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North
Dalhousie Law Journal
In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; …
The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz
The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz
UIC Law Review
No abstract provided.
Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins
Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins
Kentucky Law Journal
No abstract provided.
Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter
Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter
Vanderbilt Journal of Transnational Law
In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …
The Occupational Safety And Health Act Of 1970 As Applied To The Construction Industry: The Multi-Employer Worksite Problem
Washington and Lee Law Review
No abstract provided.
The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet
The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet
Kentucky Law Journal
No abstract provided.
Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.
Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.
Vanderbilt Law Review
Title VII of the Civil Rights Act of 1964, which became effective on July 2, 1965, was enacted to eliminate artificial barriers to employment that historically have deprived minorities and women of employment opportunities. Section 703 of the Act thus makes discrimination on the basis of race, color, religion, sex, or national origin an unlawful employment practice. In order to obtain relief from a discriminatory employment practice, an aggrieved party must demonstrate that the defendant intentionally engaged in the unlawful practice. Because the broad language of sections 703(a), 703(c), and 706(g) fails to define the terms "discriminate" and"intentionally," the effectiveness …