Law Commons^™

Sailing The Uncharted Seas Of Asbestos Litigation Under The Longshoremen's And Harbor Workers' Compensation Act, Samuel J. Smith, Stephen J. Birek Jr.

William & Mary Law Review

No abstract provided.

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

Employer Lawsuits Against Employees-The Right To Invoke The Legal Process Despite Anti-Union Motivation Or Coercive Effect On Section 7 Rights, Val John Christensen

BYU Law Review

No abstract provided.

Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page

BYU Law Review

No abstract provided.

Employment Law And The Mentally Handicapped, J. Helen Beck

Dalhousie Law Journal

Mental handicaps affect a suprisingly large part of the community. If the handicapped cannot make themselves self-sufficient, they become a great economic burden whereas they may have the potential of being contributors to society. This paper will examine aspects of the law relating to employment opportunity and certain social service structures, and question the extent to which they further a handicapped person's goal of fulfilling his employment potential. Field research was done only in the Halifax area, but the analysis is pertinent across Canada because the statutory provisions, social services and social assistance structures found in Halifax are on the …

Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …

The Bottom Line Concept In Equal Employment Opportunity Law, Alfred W. Blumrosen

North Carolina Central Law Review

No abstract provided.

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …

Employee Stock Ownership Plans: An Analysis Of Current Reform Proposals, Luis L. Granados

University of Michigan Journal of Law Reform

This article surveys the battle between the critics and advocates of the ESOP, and scrutinizes various proposals currently being considered in the legislative arena. Part I examines the philosophy and history of the ESOP, particularly focusing upon the conceptual foundations provided by the writings of Louis Kelso. Part II explicates the various functions performed by the ESOP: as a tool of corporate finance, as an "in-house" market for the sale of stock held by a company's shareholders, and as a means of obtaining additional investment tax credit. Part III analyzes critically six proposed improvements of the ESOP system from both …

Noncompete Agreements By The Former Employee: A Florida Law Survey And Analysis, Kendall B. Coffey

Florida State University Law Review

No abstract provided.

Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold

University of Arkansas at Little Rock Law Review

No abstract provided.

Workers' Compensation–Statute Of Limitations On Seeking Additional Benefits, Robert E. Mccallum

University of Arkansas at Little Rock Law Review

No abstract provided.

Appropriate Bargaining Units In Non-Profit Hospitals

Washington and Lee Law Review

No abstract provided.

Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel

BYU Law Review

No abstract provided.

Carbon Fuel Co. V. Umwa, 444 U.S. 212 (1979), Stacy Collier Frank

Florida State University Law Review

Labor Law-INTERNATIONAL UNIONS ARE NOT LIABLE FOR WILDCAT STRIKES UNAUTHORIZED BY THE INTERNATIONAL AND INITIATED BY UNION MEMBERS IN VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS TO WHICH THE INTERNATIONAL IS A PARTY

By The Light Of Dual Employment: Standards For Employer Regulation Of Moonlighting, Carlton J. Snow, Elliott M. Abramson

Indiana Law Journal

No abstract provided.

Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey

Dalhousie Law Journal

Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …

The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman

Dalhousie Law Journal

The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …

A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway

West Virginia Law Review

The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …

Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark

West Virginia Law Review

No abstract provided.

The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock

West Virginia Law Review

The arbitration process provides for settlement of disputes through adjudication outside the normal judicial system. In many instances arbitration resolves disputes arising under the terms of a collective bargaining agreement. This type of labor arbitration is referred to as rights arbitration, or more commonly, grievance arbitration. A second type of arbitration, referred to as interest arbitration, is concerned with settling the unresolved terms of the collective bargaining agreement itself. This note will focus solely on grievance arbitration. Grievance arbitration has proliferated, particularly in American industry, in the wake of the United States Supreme Court's 1960 decisions in the Steelworker's Trilogy. …

Labor Law-Reverse Political Checkoff Per Se Illegal As Violation Of Federal Election Campaign

BYU Law Review

No abstract provided.

Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein

Vanderbilt Law Review

The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...

This Note attempts to refine the Presidential power analysis of Youngstown Steel and …

State Civil Service Law—Civil Service Restrictions On Contracting Out By State Agencies—Washington Federation Of State Employees V. Spokane Community College, 90 Wn. 2d 698, 585 P.2d 474 (1978), Timothy P. Dowling

Washington Law Review

This note will analyze the Spokane court's rationale for adopting the "nature of the services" test, which generally prohibits contracting for services which could be performed by civil service employees. The note argues that the Spokane rule is unsound for reasons of public policy, and contrary to the result reached in all but one jurisdiction which has addressed the issue. Finally, a rule will be proposed which would adequately protect the civil service system without unnecessarily hampering administrative flexibility and governmental economy in the areas where the 1979 Act is not applicable.

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Indiana Law Journal

No abstract provided.

Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn

Indiana Law Journal

No abstract provided.

On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn

Indiana Law Journal

No abstract provided.