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Full-Text Articles in Law
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
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Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
Vested Seniority Rights: A Conceptual Approach, Francis A. Citera
University of Miami Law Review
Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.