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Full-Text Articles in Law
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Faculty Scholarship
The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, 19 illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.20 The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.
Labor Relations—Flsa Action Not Barred By Prior Arbitration, Patrick R. James
Labor Relations—Flsa Action Not Barred By Prior Arbitration, Patrick R. James
University of Arkansas at Little Rock Law Review
No abstract provided.
Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan
Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan
Dalhousie Law Journal
Canadian academic employment relationships can be said to fall into three categories: 1) The traditional "contract-statute" relationship 2) The collective bargaining relationship, and 3) The "special plan" relationship.1 What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Upjohn Press
Examines a variety of cooperative arrangements and the resulting problems and successes.
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Cleveland State Law Review
In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …
First National Maintenance Corp. V. Nlrb: The Supreme Court Narrows Employers' Section 8(A)(5) Duty To Bargain
Washington and Lee Law Review
No abstract provided.
The Regulation Of Labor Unions, Theodore J. St. Antoine
The Regulation Of Labor Unions, Theodore J. St. Antoine
Articles
This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Fordham Urban Law Journal
As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …