Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Notre Dame Law School (4)
- Schulich School of Law, Dalhousie University (3)
- St. Mary's University (2)
- University of Kentucky (2)
- University of Miami Law School (2)
-
- University of Michigan Law School (2)
- University of Missouri School of Law (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Campbell University School of Law (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Osgoode Hall Law School of York University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- UIdaho Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Connecticut (1)
- University of Denver (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- W.E. Upjohn Institute for Employment Research (1)
- Keyword
-
- Discrimination (3)
- Employment discrimination (3)
- Labor (3)
- Wages (3)
- Collective Agreement (2)
-
- Collective bargaining (2)
- Disparate treatment (2)
- ERISA (2)
- Employees (2)
- Employers (2)
- Employment (2)
- Employment law (2)
- Ethics (2)
- John Teeter (2)
- Labor Management Relations Act (2)
- Labor unions (2)
- Model Employment Termination Act (2)
- National Labor Relations Act (2)
- National Labor Relations Board (2)
- Right to privacy (2)
- St. Mary's University School of Law (2)
- Title VII (2)
- Uniform acts (2)
- ADA (1)
- ADR (1)
- Absent (1)
- Agar Packing & Provision Corp. (1)
- Agency law (1)
- Alternative dispute resolute (1)
- Alternative dispute resolution (1)
- Publication
-
- Articles (5)
- Journal Articles (5)
- Innis Christie Collection (3)
- Scholarly Works (3)
- All Faculty Scholarship (2)
-
- Faculty Articles (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- California Agencies (1)
- Continuing Legal Education Materials (1)
- Faculty Articles and Papers (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Publications (1)
- Reports (1)
- Sturm College of Law: Faculty Scholarship (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 37
Full-Text Articles in Law
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Union alleges that the Employer designated certain wicket positions as "bilingual imperative" without regard to the staffing requirements of the Collective Agreement. The Employer claims that this action was required according to official recommendations by the Commissioner of Official Languages, acting under the Official Languages Act. Employees being promoted to, or transferred into, designated wicket positions must be bilingual. The Union argues that the Employer is bound to assign positions on the basis of seniority under the Collective Agreement. Their position is that the Commissioner's recommendations do not have the force of law and the Employer is able to …
Labor Is Losing Ground In The Workplace, Kenneth Lasson
Labor Is Losing Ground In The Workplace, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research
Mis Guidelines For Employment Law Programs In Poland, Christopher J. O'Leary, Andrew S. Targowski, W.E. Upjohn Institute For Employment Research
Reports
The guidelines presented in this report propose an efficient architecture for structuring the huge volume of information flow necessary to manage and administer the several labor market programs operated by the SOLO (System of Labor Offices). The proposal includes a recommendation for the sequence of events in developing the many parts of the system which exploits the latest technical and methodological possibilities, but recognizes the practical constraints of time and money. At the heart of the proposed automated management information system (MIS) to support planning, evaluation, and budgeting for labor market programs in Poland is a set of performance indicators. …
4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner
4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner
Continuing Legal Education Materials
Materials from the 4th Biennial Employment Law Institute held by UK/CLE in June 1994.
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Innis Christie Collection
This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Working And Poor: The Increasingly Popular Practice Of Excluding Disabled Employees From Health Care Coverage, Maria O'Brien
Faculty Scholarship
One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in …
Fathers And Parental Leave, Martin H. Malin
Fathers And Parental Leave, Martin H. Malin
All Faculty Scholarship
No abstract provided.
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Just When You Thought It Was Safe . . . Nannygate Ii: The Sequel, Martin J. Katz, Christopher Leh
Just When You Thought It Was Safe . . . Nannygate Ii: The Sequel, Martin J. Katz, Christopher Leh
Sturm College of Law: Faculty Scholarship
The "Nannygate" scandal that erupted in the wake of Zoe Baird's failed attorney general nomination and Judge Stephen Breyer's aborted Supreme Court nomination has subsided. Most employers of domestic workers now realize they must comply with certain tax and immigration requirements. However, what they may not realize is that they might be violating the law concerning the most fundamental aspect of the employment relationship: how much they pay their domestic employees. Most people understand that nondomestic employees are subject to minimum wage, overtime and recordkeeping requirements of the federal Fair Labor Standards Act ("FLSA"). What is not so obvious is …
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
Scholarly Works
No abstract provided.
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Faculty Publications
Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of significantly improving the future for African-American men are slim.
Annual Report To The Legislature 1992-1993, 1993-1994, Agricultural Labor Relations Board
Annual Report To The Legislature 1992-1993, 1993-1994, Agricultural Labor Relations Board
California Agencies
No abstract provided.
The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman
The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law: The 1992-93 Term), Eileen Kaufman
Scholarly Works
At a symposium entitled, “The Supreme Court and Local Government Law; The 1992/93 Term”, Professor Eileen Kaufman spoke about the cases involving employment discrimination that were decided during that particular Term, Hazen Paper Company v. Biggins and St. Mary's Honor Center v. Hicks. While Hazen is an age discrimination case and St. Mary's is a Title VII case, they can be viewed as companion cases which serve to explain what an employment discrimination plaintiff must now establish when attempting to prove disparate treatment by indirect evidence. By way of preview, suffice it to say that plaintiff's task has been made …
Between The Buttons: Employer Distribution Of Antiunion Insignia, John W. Teeter Jr
Between The Buttons: Employer Distribution Of Antiunion Insignia, John W. Teeter Jr
Faculty Articles
Employers should be forbidden from offering antiunion insignia to their workers. This is not contrary to current labor rules that allow employers and their supervisors to wear insignia. The workers' rights would still be safeguarded because employees would remain free to buy or create their own antiunion insignia. The goal is to protect the right of workers to debate, campaign, and vote on unionization with no harm to legitimate needs for self expression.
Generally, workers are entitled to wear campaign insignia regardless of whether it supports or decries unionization. In this manner, workers can openly proclaim their beliefs and seek …
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Chaos And The Law Of Borrowed Servant: An Argument For Consistency, J. Dennis Hynes
Publications
No abstract provided.
Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick
Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.
Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan
Job Matching And Women's Wage-Tenure Profile, Joni Hersch, Patricia Reagan
Vanderbilt Law School Faculty Publications
Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast to the human capital theory, job match theory implies that women's wages are not directly affected by their discontinuous labour force participation. Using samples of women workers from three data sets, the authors estimate structural models of the wage-tenure relation which control directly for job match quality, and find evidence of a strong positive relation between wages and tenure.
Housework, Wages, And The Division Of Housework Time For Employed Spouses, Joni Hersch, Leslie S. Stratton
Housework, Wages, And The Division Of Housework Time For Employed Spouses, Joni Hersch, Leslie S. Stratton
Vanderbilt Law School Faculty Publications
While the popular press may have declared housework passe with the advent of the two-income household (see "Housework is Obsolescent" by Barbara Ehrenreich [1993] for one such example), the facts indicate that housework continues to consume a substantial amount of time, particularly for women. While estimates vary widely depending on the sample examined and the methods used to generate the information, representative values of housework time range around 6-14 hours per week for men and 20-30 hours for women. Since wages are likely to be influenced both directly and indirectly by the time and effort devoted to other activities, and …
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges
Law Faculty Publications
This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the …
A Standard For Punitive Damages Under Title Vii, Judith J. Johnson
A Standard For Punitive Damages Under Title Vii, Judith J. Johnson
Journal Articles
Under the Civil Rights Act of 1991, the plaintiff in an employment discrimination case who alleges intentional discrimination may recover punitive damages if she demonstrates that her employer engaged in the discriminatory practice with "malice" or "reckless indifference" to federally protected rights. To prove a case of disparate treatment under Title VII, the plaintiff bears the burden of persuading the trier of fact that her employer intended to discriminate against her. In other words, to be liable in a disparate treatment case, the employer has to specifically intend to treat the plaintiff differently based, for example, on her sex. If …
Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky
Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky
Faculty Publications
In the aftermath of a typical strike, management often seeks to restore order to the workplace by imposing restrictions on employee expression. Although in principle employee expression is protected by section 7 of the National Labor Relations Act, courts, relying on outdated notions of workplace organization, often accept ad hoc management justifications for restrictions on employee expression. The author argues that after a strike, it is crucial for employees to be able to express their grievances or vent their frustrations at exactly the same time that employers feel it necessary to restrict expression as a way of re-imposing order in …
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel
Scholarly Works
Richard Posner’s, the Chief Judge of the United States Court of Appeals for the Seventh Circuit, judicial actions have been criticized, primarily for inconsistently commingling economic analysis with other approaches to decisionmaking in an effort to reach personally pleasing results that are at odds with Posner's professed commitment to methodological rigor. Although criticism of Posner's judging is diverse, a common theme is that he too frequently marshals his argumentative force merely to uphold the economic rights of the powerful. In other words, according to the critics, after the rush of intellectual excitement subsides, litigants and the justice system are left …
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
Articles
Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Articles
No abstract provided.
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark L. Adams
Articles by Maurer Faculty
In this article, Professor Adams examines preemption doctrine under section 301 of the Labor Management Relations Act, focusing primarily on the Washington Supreme Court's 1992 decision in Commodore v. University Mechanical Contractors, Inc. The author traces the history of section 301 cases, comparing two different theories regarding its correct application. Under one theory, an employee's state law claim will be preempted if the underlying right is negotiable or if the employer's defenses implicate the collective bargaining agreement. Under the second theory, an employee's state law claim is preempted only when the right at issue derives from the provisions of a …
Cease And Desist Orders, Innis Christie
Cease And Desist Orders, Innis Christie
Innis Christie Collection
Cease and desist orders: practice and procedure. The issue of an interim cease and desist order in the context of an illegal strike is a very speedy procedure in Nova Scotia. Regulation 24 simply provides that where a complaint is made under section 49 "Form 14 shall be used...". Section 49(1) of the Act provides that "any person who claims to be involved in or affected by" an illegal work stoppage may make a complaint to the Board. Normally, of course the complainant will be an employer, and by Form 14 the complainant will request the Board to issue an …
Employee/Employer, Sandra S. Klein
Employee/Employer, Sandra S. Klein
Journal Articles
The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.