Law Commons^™

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

General Electric V. Gilbert, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dothard V. Rawlinson (Mieth), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mathews V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

International Brotherhood Of Teamsters V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.

Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack

Buffalo Law Review

No abstract provided.

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Law Faculty Articles and Essays

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

Public Sector Collective Bargaining And Sunshine Laws - A Needless Conflict

William & Mary Law Review

No abstract provided.

Labor Law--Arbitration--Agreements To Arbitrate In West Virginia, Roberta Sue Core

West Virginia Law Review

No abstract provided.

Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid

West Virginia Law Review

No abstract provided.

Recent Developments In Labour Law In Nova Scotia, Brian G. Hansen, John Macpherson, Larry Steinberg

Dalhousie Law Journal

The past two years have been a fruitful time for those in Nova Scotia interested in labour law. During this period, the Supreme Court of Canada has handed down several decisions of relevance in this province, while the Nova Scotia Supreme Court itself has had cause to decide issues of considerable significance. Even more important, the number of written decisions published by the Nova Scotia Labour Relations Board has increased somewhat, with the result that some detail as to the day to day practice of the Board and its interpretation of the Act is now available. This comment will review …

Sex Discrimination In Employment: The Nova Scotia Human Rights Act, Elizabeth Shilton Lennon

Dalhousie Law Journal

Nova Scotia enacted human rights legislation in 1963,2 but it was not until 1972 that the Act was amended to include sex as one of the prohibited grounds of discrimination. 3 Since 1957 women in Nova Scotia had had equal pay protection, 4 but this brought about no noticeable improvement in the status of women in the labour force. Some commentators have suggested that equal pay laws in fact worsened that status by giving employers economic incentives to maintain and consolidate low-paying all-female job ghettoes to avoid the effects of the legislation. 5 Equal pay legislation could have no application …

Casenote: Employment Discrimination - Title Vii - Unlawful To Use Conviction Records As An Absolute Bar To Employment, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.

Labor Law--Arbitration--Duties Of Successor Employer, James A. Varner

West Virginia Law Review

No abstract provided.

Protest Groups And Labor Disputes - Toward A Definition Of "Labor Organization": Center For United Labor Action

William & Mary Law Review

No abstract provided.

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …

Burton V. Cascade School District: Failure To Recognize The Need For A Right To Reinstatement Following An Unconstitutional Teacher Dismissal

William & Mary Law Review

No abstract provided.

Preemption: A Judicial Headache, Leonard T. Jernigan Jr.

North Carolina Central Law Review

No abstract provided.

The West German Model Of Codetermination Under Section 8(A) (2) Of The Nlra, Erik B. Wulff

Indiana Law Journal

No abstract provided.

Manpower 1975-1980: Sacramento Metropolitan Area, Employment Development Department

California Agencies

The manpower projections prepared and presented in this report have been developed in response to a long-expressed need by manpower planners and vocational educators for information on future manpower requirements for occupations and industries. The need for this information was recognized in several key pieces of federal and state legislation during the 1960's. More recently, the importance of industry and occupational projections for manpower planning was expressed in the Comprehensive Employment and Training Act of 1973. This report is part of an overall Manpower Projections Project encompassing the State and its 13 major Standard Metropolitan Statistical Areas currently being undertaken …

Unemployment Compensation—Spouse's Relocation Due To Employment Is A Compelling Person Reason Constituting Good Cause For Voluntary Termination—Ayers V. Department Of Employment Security, 85 Wn. 2d 550, 536 P.2d 610 (1975), Pamela A. Okano

Washington Law Review

This note will analyze the impact of Ayers upon the traditional dual administrative test of "no alternative" and "preservation of employment" used to determine whether, under the particular facts and circumstances, "compelling personal reasons"' meeting the statutory requirement of good cause for voluntary termination of employment exist. Although the Washington court did not discuss this test, the Ayers decision should not be construed as a rejection of its continued vitality. In addition, this note will analyze the factors which should be considered when applying the "no alternative" and "preservation of employment" standards to spouse relocation situations in the wake of …

Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter

Washington Law Review

In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …