Law Commons^™

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien

Faculty Scholarship

More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Property And Suffrage In The Early American Republic, Robert J. Steinfeld

Journal Articles

No abstract provided.

United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Life After Foley: The Future Of Wrongful Discharge Litigation, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.

Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Reports, Awards, And Opinions 1989-3, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Trans World Airlines, Incorporated, Triborough Bridge and Tunnel Authority, Union Carbide Corporation, and Western Massachusetts Electric Company.

Reports, Awards, And Opinions 1989-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of American Airlines, the Boston Edison Company, BOCES Staff Association, an members of Local No. 270, Utility Workers Union of America, AFL-CIO, among others.

Reports, Awards, And Opinions 1989-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Manhattanville Nursing Care Center, Inc., New York Bus Service, The New York Stock Exchange, and Southwest Ohio Regional Transit Authority, among others.

Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Erisa: The Arbitrary And Capricious Rule Under Siege, George Lee Flint Jr

Faculty Articles

While ERISA sets forth an explicit standard that the plan administrator’s actions must meet those of a prudent man acting in like circumstances, courts have applied the arbitrary and capricious standard of review to administrator decisions. Courts should apply the arbitrary and capricious standard only when dealing with disinterested plan administrators acting properly under ERISA. The arbitrary and capricious rule was applied to post-ERISA decisions as a continuation of the pre-ERISA precedent, which established the rule through the continued development of common law from union negotiated employee benefit plans decided under the Labor Management Relations Act. Unfortunately, this continuation of …

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

Articles

No abstract provided.

Life After Foley: The Bottom Line, David Jung, Richard Harkness

Faculty Scholarship

No abstract provided.

Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley

Scholarly Articles

The thesis of this Article is that, now conscripted into the fray, the NLRB must consider free speech and association values embodied in the Constitution and laws when deciding Taft-Hartley dues objector issues. Only then can the NLRB fulfill its congressional mandate, recently discovered and described in Beck, to develop a coherent body of law that accommodates potentially explosive confrontations between dues objectors' right of free expressive association and the union majority's statutory right to organize and bargain collectively on behalf of all represented employees, including dues objectors.

To develop this thesis, the threshold task is to demonstrate that although …

"As Best To Subserve Their Own Interests": Lemuel Shaw, Labor Conspiracy, And Fellow Servants, Alfred S. Konefsky

Journal Articles

No abstract provided.

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards

Scholarly Works

Title VII of the Civil Rights Act of 1964 constitutes this country’s first serious commitment to eradicating the enormous economic disadvantages caused by hundreds of years of racial and gender-related prejudice. But there is also cause for concern. While members of once excluded groups have entered the mid-level workforce, most have not progressed to top-level positions. Perhaps not surprisingly, the elimination of barriers to mid-level employment has spotlighted the unique barriers to equal employment in top-level jobs. Title VII’s capacity to deal effectively with these barriers will be its major challenge for the next quarter-century. Its success will depend, in …

Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy

Articles by Maurer Faculty

This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.

A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi

Articles by Maurer Faculty

This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer's unfair labor practice campaign are involved in the circuit court's enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard …

Hiring Ruled Contractual, Bill Gore, Douglas A. Kahn, Stan Shields

Articles

On December 29, 1988, the California Supreme Court decided Foley vs. Interactive Data Corp., perhaps the most eagerly awaited state supreme court decision in years. The Foley ruling, which immediately was hailed as a tremendous victory for California employers, eliminated punitive damage awards for many wrongfully terminated employees. That was good news for the employers. The decision, however, also provided employers with sobering news. Most significantly, the court ruled that employment relationships essentially are contracts, with terms created by the reasonable expectation of the parties. Thus, the majority of California employees now have a right to sue for breach …

Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery

Journal Articles

No abstract provided.

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

Articles

No abstract provided.