Law Commons^™

Research To Practice: Collaboration Between Medicaid And Other State Agencies- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Many state Medicaid agencies are playing a greater role in multi-agency efforts to promote employment for people with disabilities. This brief uses data from the National Survey of State Systems and Employment for People with Disabilities to explore the varieties of collaboration Medicaid agencies are using and the agencies they are collaborating with.

Re Iwk Health Centre And Nsnu (Kelsey), Innis Christie

Innis Christie Collection

The Grievor was accused of inappropriate and unprofessional conduct by a Patient who was mentally ill. After the Employer's review the Grievor was discharged. The Grievor claims he is innocent and was terminated for unjust reasons. The Union requested that he be reinstated in the position he held and be compensated for all lost wages and benefits.

Institute Brief: Achieving Quality Services: A Checklist For Evaluating Your Agency, Doris Hamner, Jaimie Ciulla Timmons, David Hoff

The Institute Brief Series, Institute for Community Inclusion

This checklist can help staff and directors at One-Stop Career Centers and state and private agencies evaluate the quality and responsiveness of their services to job seekers with disabilities. Areas covered include access to resources, agency culture, coordination, and consumer-directedness.

Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie

Innis Christie Collection

Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …

Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie

Innis Christie Collection

The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.

This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Maine, Jaimie Ciulla Timmons, Sheila Fesko, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the third in a series of publications …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance filed March 7, 2002 on behalf of all affected employees alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2003, in that the Employer violated Articles 2, 11, 13, 15, 17 and all other related provisions of the Collective Agreement by placing full-time supervisor, David Waller, into a full-time letter carrier position/assignment at the Dartmouth Delivery Centre. The Union seeks an order that the Employer remove David Waller from the full-time letter carrier position/assignment and grant full redress to all affected employees under either Article 39.01 or Article 17.04.

Pay Equity: A Fundamental Human Right, Margot Young

All Faculty Publications

This paper undertakes the limited task of determining what interpretive consequences, if any, might flow from the removal of federal pay equity provisions from their current location in the Canadian Human Rights Act and placement of such provisions in their own stand-alone legislation. Part of the interpretive stance courts currently bring to their consideration of the federal pay equity provisions reflects the placement of these provisions within federal human rights legislation. Courts have held that human rights legislation has a special nature or quasi-constitutional status. This status results from the fundamental character of the values the legislation expresses and the …

Tools For Inclusion: Evaluating Your Agency And Its Services: A Checklist For Job Seekers With Disabilities, Jaimie Ciulla Timmons, Melanie Jordan, David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

It is important to evaluate employment services and decide if you are getting the results that you are looking for. You should have high expectations! If you are currently using an agency for help with employment, this checklist can help you make sure you are getting what you need.

Re Canada Post Corp And Cupw (Gillingham), Innis Christie

Innis Christie Collection

The Union claims that the Employer has an obligation to notify employees at least an hour in advance of work shift overtime being extended longer than initially expected. The Employer submits that this has never been the practice, that it is contrary to the Agreement, and that it would be impractical.

The grievance fails. Application of the article in question as the Union seeks to have it interpreted is clearly not what the parties intended. Indeed, it would be unworkable where the original work shift extension overtime is only for one hour, as it quite often is.

Re Canada Post Corp And Cupw (Fitzhenry), Innis Christie

Innis Christie Collection

The Union brings this arbitration on behalf of six employees who were denied special leave with pay in the context of a severe winter storm in the St. John's area. The Union seeks lost rights, earnings, and benefits. The Employer's position is that it acted reasonably in denying special leave, because it was unsafe for the employees to leave before the end of their shift, and by the end of the shift, the storm had abated, so that at that time they would have had no difficulty getting home safely.

Fair Weather Or Foul? Maine's Business Climate Revisted, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

There is no shortage of analyses of the problems of Maine’s economy, or of proposed solutions. Once again, a number of recent reports have argued that Maine has a highly unfavorable business climate, characterized by excessive taxes and excessive regulation. These reports go on to argue that Maine must improve its business climate through such suggested changes as an overhaul of the tax system, elimination of property taxes on business equipment purchases, reducing the state’s regulatory burden, and reducing Maine’s supposedly high “tax burden.” Although the support for these proposals is framed as being “irrefutable,” in reality many of the …

Weingarten In The Nonunion Workplace: Looking In The Funhouse Mirror, Ann C. Hodges

Law Faculty Publications

The National Labor Relations Board's extension of the Weingarten decision, granting the right to union representation at pre-disciplinary interviews, to the nonunion workplace was recently upheld by the U.S. Court of Appeals for the D.C. Circuit.- Section 7's, protection of concerted activity and the symmetrical protection of union and nonunion employees alike renders the decision sensible and supportable. Nevertheless, closer examination ofthe decision's consequences suggests that the application ofthe Weingarten right in the nonunion workplace results in a distorted reflection ofthe right's application in the unionized workplace. The situations are not mirror images. Thus, some adjustments to the interpretation ofthe …

Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

Faculty Publications

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Kentucky, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusaion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the first in a series of publications …

Case Studies On The Implementation Of The Workforce Investment Act: Spotlight On Minnesota, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment and training agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers seeking employment. The Institute for Community Inclusion (ICI) has conducted state case studies for two purposes: (1) to identify how states have begun the process of collaboration under the new mandates of WIA; and (2) to understand the impact on customers with disabilities. This is the second in a series of publications …

8th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 8th Biennial Employment Law Institute held by UK/CLE in June 2002.

The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff

All Faculty Scholarship

The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …

Mwf, Local 1 V Halifax Shipyard, Innis Christie

Innis Christie Collection

This is a policy grievance. The Union claims that the Employer has breached the Agreement by failing to pay bridge tolls and mileage to employees working on the rig Eirik Raud on the Dartmouth side of Halifax Harbour. The Union's position is that the Employer is obligated to reimburse employees for bridge tolls and automobile usage when they are not working at the Halifax plant. The Employer claims that this obligation is limited to those employees on day to day assignment outside the vicinity of the Halifax plant. It further argues that, as most of the employees in question have …

After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes

All Faculty Scholarship

Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …

Trade Secrets, Property, And Social Relations, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab

Cornell Law Faculty Publications

Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible.

Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …

Knowledge At Work: Disputes Over The Ownership Of Human Capital In The Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Re Ben's Ltd And Bct, Local 445, Innis Christie

Innis Christie Collection

The Grievor, as the Union's Shop Steward, is acting for employees in the Employer's thrift stores. The grievance was initiated when the hours of a part-time employee were reduced. The Union asserted that the Employer was manipulating hours to avoid making employees full-time. The Employer maintained that there is nothing in the Collective Agreement which requires the creation of full time jobs where it could, or otherwise prevent the assignment of work to minimize the number of full-time positions.

The grievance fails. Part-time employees were excluded from the Collective Agreement.

Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging termination contrary to the provisions of the Collective Agreement between the parties, effective January 18, 1999 to January 17, 2002, in that the Grievor's probationary period under Article 8 had expired when he was terminated without just cause, contrary to Article 21. The Grievance also alleges that no information was supplied to the Grievor as to his performance progression throughout the probation­ary period.

The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.

Re Aliant Telecom Inc And Ac & Twu, Innis Christie

Innis Christie Collection

Policy Grievance 01-05 dated November 8, 2001 concerning the Contracting Out of Internet Member Services — Internet Dial Help Desk, which the Union alleges is contrary to Letter of Intent, Appendix E to the Common Part of the Collective Agreement between the Employer and the Union effective January 1, 1999 January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing, the parties agreed that I am properly seized of this matter and have jurisdiction to grant interim relief.

Re Nova Scotia Liquor Corp And Nsgeu, Local 470, Innis Christie

Innis Christie Collection

This is a consent award. The parties are agreed that the Employer breached the Agreement by not posting full-time jobs in the warehouse.

The Employer agrees to post seven (7) full-time warehouseman positions, and two (2) conditional warehouseman positions on or before December 14, 2001. The Union waives any right to claim entitlement to further warehouseman postings over the review periods spanning 1998 through 2001. The parties agree to make their best efforts to resolve issues in upcoming bargaining negotiations. Failing agreement on the meaning of the term "non-overlapping hours", either party may grieve its interpretation.

Re Canada Post Corp And Cupw (105-00-00010), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by creating another part-time walk (walk 51) when it would have been practicable, as required by the Agreement, to combine part-time walks to create a full-time walk. The Union seeks an order that the Employer combine walk 51 with other part-time walks in order to create a full-time walk, and compensate any employees who have lost rights, earning and benefits from its failure to do so heretofore.