Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Employees (2)
- Authority (1)
- Biology (1)
- Boycotts (1)
- Clayton Act (1)
-
- Collective bargaining (1)
- Consumers (1)
- Corporations (1)
- Discrimination (1)
- Federal courts (1)
- Hiring (1)
- Injunctions (1)
- Labor-Management Relations Act (1)
- Labor-Management Reporting and Disclosure Act (1)
- Medical screening (1)
- NLRB v. Gissel Packing Co. (1)
- National Labor Relations Act (1)
- National Labor Relations Board (1)
- Picketing (1)
- Risk (1)
- Standing (1)
- Statutory interpretation (1)
- Wrongful discharge (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Michigan Law Review
This Note examines both the statutory and constitutional implications of Safeco and Tree Fruits. It suggests that the confusion surrounding existing Board and court interpretations of section 8(b)(4)(ii)(B) stems from the Supreme Court's failure to assess realistically the impact that consumer picketing has on secondary businesses, as well as the Court's refusal to examine the objectives of unions that resort to secondary picketing.
Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note will focus on the confusion that plagues one category of antitrust standing cases, those in which an employee alleges wrongful discharge for his refusal to participate in a scheme that violates the antitrust laws. Conflicts among the circuits in their analysis and resolution of these employee standing cases have not been definitively settled by the Supreme Court's recent pronouncements on the right to seek recovery under section 4. This Note argues that these recent Supreme Court decisions, as well as the policies behind the antitrust laws, weigh in favor of permitting an employee to maintain a section 4 …
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …