Law Commons^™

Know When To Hold Them, When To Fold Them, And When To Walk Away: Tiktoks Are Professional Sports Franchises' Ace In Collective Bargaining Negotiations, Angelica Varona

Pepperdine Law Review

TikTok, the social media app, has become both a central force in entertainment, creating a slew of influencers and young celebrities, as well as an important tool in all things branding and marketing. Athletes have recognized the value of social media and fan engagement and have taken to becoming content-creators on the platform. The growing presence of professional athletes on the app brings up important issues of copyrightability and ownership of the content they are producing. This Comment considers the nature of athlete content-creation on TikTok as well as the employment scheme and contractual responsibilities that form a part of …

The Stubborn Persistence Of The Lawyer Exemption In Canadian Collective Bargaining Legislation, David J. Doorey

Dalhousie Law Journal

In 1948, the Canadian government introduced transformative collective bargaining legislation that would serve as a template for provincial labour law in the postwar period. However, some employees were excluded entirely from this legislation, including employees in five professions, law among them. By the 1970s, the federal government and most provinces had repealed the professional exclusion from the primary collective bargaining legislation. However, four jurisdictions—Ontario, Alberta, Nova Scotia, and Prince Edward Island (Exclusionary Provinces)—have stubbornly preserved the exclusion. This essay traces the history and justifications proffered for the lawyer exclusion from Canadian collective bargaining legislation from the 1940s to present day. …

Janus And The Future Of Collective Bargaining: Rhetorically Predicting A First Amendment Right To Negotiation, Thomas J. Freeman, Aaron Mckain, Destynie J.L. Sewell

William & Mary Business Law Review

The importance of the U.S. Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees has been widely recognized for its effect on reducing the power and influence of public unions. A close reading of the majority opinion provides a clue that compulsory collective bargaining itself may be settling into the court’s crosshairs. Collective bargaining is an important tool, by which labor can reduce the often-inherent power imbalance it has with ownership and management. Yet as this Article outlines, the interests of individual workers can often be at odds with those other workers workers, particularly those …

“Just When I Thought I Was Out . . . .”: Post-Employment Repayment Obligations, Stuart Lichten, Eric M. Fink

Washington and Lee Journal of Civil Rights and Social Justice

The common law doctrine of “employment at will” has dominated U.S. employment law for over a century. Pursuant to this concept, an employer may discharge an employee at any time for any reason, or for no reason at all. An employee may similarly resign at any time for any reason, or for no reason at all. Despite the rule’s facial even-handedness, it operates against the background of “the deeply rooted conception of the employment relation as a dominant-servient relation rather than one of mutual rights and obligations.” Within that relationship, “the employer [has] the right to impose any requirement on …

Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page

Journal of Collective Bargaining in the Academy

ABSTRACT

As state funding to community colleges has fluctuated, many community colleges have hired more adjunct faculty (Desrochers & Hurlburt, 2014).

This qualitative research explored supplemental benefits, which could be included in adjunct faculty contracts with community colleges in order to promote workplace satisfaction, without causing stress on budgets. Adjunct faculty who realize greater job satisfaction are more beneficial to their institutions because they promote student learning and retention (CCCSE, 2014b; Hollenshead, 2010; Jacoby, 2006).

The descriptive study included three phases: record reviews, interviews with key informants and elite informants, and a reflective questionnaire. New England was selected as the …

The Student-Athlete's Right To Organize: How The United States Is Violating The International Labor Organization Constitution And Declaration Of Fundamental Rigths, Matthew Phifer

American University International Law Review

No abstract provided.

Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart

Catholic University Law Review

No abstract provided.

Heeding "The Best Of Prophets": Historical Perspective And Potential Reform Of Public Sector Collective Bargaining In Indiana, Todd C. Dvorak

Indiana Law Journal

No abstract provided.

The Paradox Of Public Sector Labor Law, Martin H. Malin

Indiana Law Journal

William R. Stewart Lecture

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett

Nevada Law Journal

No abstract provided.

Of Hoops, Labor Dupes And Antitrust Ally-Oops: Fouling Out The Salary Cap, D. Albert Daspin

Indiana Law Journal

No abstract provided.

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner

Antioch Law Journal

In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.

Enforcement Of Collective Bargaining Orders In The Third Circuit: The Rise And Fall Of The Armcor Standards, Louis A. Minella

Villanova Law Review

No abstract provided.

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.

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.

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.

Public Sector Collective Bargaining And Sunshine Laws - A Needless Conflict

William & Mary Law Review

No abstract provided.

The Duty To Bargain Under Erisa, John A. Fillion, Anne Mcleod Trebilcock

William & Mary Law Review

No abstract provided.

The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd

Indiana Law Journal

No abstract provided.

Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman

Indiana Law Journal

No abstract provided.

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Application Of The Mandatory-Permissive Dictionary To The Duty To Bargain And Unilateral Action: A Review And Reevaluation

William & Mary Law Review

No abstract provided.

Determining The Scope Of Bargaining Under The Indiana Education Employment Relations Act, Grant F. Shipley

Indiana Law Journal

No abstract provided.

Resolving The Uncertainties Of The Employer's Duty To Bargain On The Basis Of Authorization Cards: Truck Drivers Union Local No. 413 V. Nlrb

William & Mary Law Review

No abstract provided.

Labor Law - The District Of Columbia And Seventh Circuits Split Over Whether Union Discipline Of Supervisor-Members For Crossing Picket Lines To Perform Rank-And-File Struck Work Is An Unfair Labor Practice, Richard J. Conn

Villanova Law Review

No abstract provided.

Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin

Villanova Law Review

No abstract provided.

Labor Law - An Employer Does Not Commit An Unfair Labor Practice When, Subsequent To An Impasse In Collective Bargaining, He Locks Out His Regular Employees And Operates With Temporary Replacements, Francis P. Newell

Villanova Law Review

No abstract provided.