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Full-Text Articles in Law
Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz
Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz
Northern Illinois University Law Review
This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive …
The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati
The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati
Northern Illinois University Law Review
With the increasing trend in the use of ADR methods to resolve disputes, this article focuses on the Supreme Court and the legislature's growing acceptance of ADR and the manner in which arbitration and mediation can be used in the employment discrimination area. The author outlines the historical use of arbitration in resolving disputes under collective bargaining agreements and analyzes whether that can serve as a model for arbitration of individual employment discrimination claims. The Supreme Court's growing endorsements of binding arbitration of statutory claims is discussed, and the author concludes with a call for a more active governmental stance …