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Full-Text Articles in Law
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Michigan Law Review
This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …
Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger
Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger
University of Michigan Journal of Law Reform
This Note advocates the use of legal incentives for adopting nonpreferential alternatives to seniority-based layoffs. Part I analyzes the impact of bona fide seniority systems on recently hired minorities and women. Part II discusses existing legal incentives for unions and employers to seek alternatives to strict seniority layoffs and for courts to enjoin such layoffs, thereby forcing the parties to negotiate over alternatives. Finally, part III examines two kinds of potential alternatives: racially preferential alternatives, which are prohibited under Title VII, and nonpreferential options, which are permissible and should be used increasingly.
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
University of Michigan Journal of Law Reform
Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …
Union Representatives As Corporate Directors: The Challenge To The Adversarial Model Of Labor Relations, Robert A. Mccormick
Union Representatives As Corporate Directors: The Challenge To The Adversarial Model Of Labor Relations, Robert A. Mccormick
University of Michigan Journal of Law Reform
This Article addresses these questions first by discussing the predominant philosophical approach adopted by unions in their dealings with management, and then describing several ways in which the labor laws reflect this traditional model of employment relations by showing, first, that the influence of unions has been limited to circumscribed categories of business decisions. The Article next examines decisions made by the National Labor Relations Board ("NLRB") and the courts that have carefully sought to separate employer from employee, assuming their interests to be inherently antagonistic. Then follows an evaluation of the NLRB's treatment of deviations from the traditional model …
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
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.