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1978

Labor and Employment Law

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Full-Text Articles in Law

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie Nov 1978

Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie

Innis Christie Collection

I wish to advise you that the Labour Relations Board (Nova Scotia) has granted the request of the Applicant to withdraw the Application for Certification filed with the Board in connection with the above-noted case on September 18, 1978.


Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie Nov 1978

Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on October 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;


Kentville Local Of The Nova Scotia Nurses' Union V Kentville Hospital Association, Innis Christie Oct 1978

Kentville Local Of The Nova Scotia Nurses' Union V Kentville Hospital Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on May 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;


New York City Transit Authority V. Beazer, Lewis F. Powell Jr. Oct 1978

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr. Oct 1978

United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Director, Office Of Workers' Compensation Programs, United States Department Of Labor V. Rasmussen, Lewis F. Powell Jr. Oct 1978

Director, Office Of Workers' Compensation Programs, United States Department Of Labor V. Rasmussen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


National Labor Relations Board V. Catholic Bishop Of Chicago, Lewis Powell Jr. Oct 1978

National Labor Relations Board V. Catholic Bishop Of Chicago, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger Oct 1978

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.


Forty-Fourth Annual Report Of The National Mediation Board, National Mediation Board Sep 1978

Forty-Fourth Annual Report Of The National Mediation Board, National Mediation Board

Federal Documents

No abstract provided.


Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne Sep 1978

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Popular Media

No abstract provided.


Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin Aug 1978

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Preliminary motion relating to admissibility of evidence.

On October 13, and 14, 1977, Brian Risdon filed grievances un­der the collective agreement between the parties. In the first he alleged that he had been discriminatorily demoted and sought re­instatement to his former position without loss of salary, senior­ity or benefits. In the second he alleged that he had been dismissed without reasonable cause and disciplined twice for the same alleged conduct and sought reinstatement without loss of benefits, wages or seniority and to have the alleged incident stricken from his record. Both grievances were finally denied by letters of January 30, …


Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player Jul 1978

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …


United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie May 1978

United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on March 13, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;


O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie May 1978

O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on May 10, 1978, pursuant to Section 49 of the Trade Union Act by O'Toole's Transfer Limited, Sydney, New Glasgow, and Dartmouth, Nova Scotia, that on May 10, 1978, an illegal work stoppage commenced and is continuing by employees of O'Toole's Transfer Limited, who are represented by the Teamsters, Chauffeurs, Warehousemen, Helpers and Miscellaneous Workers, Local 927, by cessation of work in violation of the Trade Union Act;


Re Air Canada And International Association Of Machinists And Aerospace Workers, Innis Christie May 1978

Re Air Canada And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Facts

The grievor, Darvill Hamshaw, has been employed by Air Can­ada since August 18, 1973. Until the events which are the subject-matter of these proceedings his record was without blemish. At rel­evant times he was working as a station attendant in the baggage delivery area, off-loading the baggage carts on which passenger luggage is carried from incoming aircraft. On September 22, 1977, the grievor received written notice from B. K. Jensen, aircraft services manager at the Halifax Airport, that he was suspended pending dismissal because of pilferage from a piece of passenger luggage which had …


Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie Mar 1978

Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on November 15, 1977, pursuant to Section 52 of the Trade Union Act alleging a breach of Section 52(f), (g), and (h) of the Trade Union Act by the Respondents;


United Steelworkers Of America V Trenton Works Division, Innis Christie Mar 1978

United Steelworkers Of America V Trenton Works Division, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on February 20, 1978 pursuant to Section 49 of the Trade Union Act of Nova Scotia by the United Steelworkers of America, Local 1231, on behalf of a number of its members, requesting an Order that the Respondents cease and desist from committing, causing and authorizing a work stoppage and lockout of the individual complainants at the Respondent's place of business in Trenton, Nova Scotia;


Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown Jan 1978

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.


Proposed Labor Reform: "Brave New World" Or "Looking Backward"?, Theodore J. St. Antoine Jan 1978

Proposed Labor Reform: "Brave New World" Or "Looking Backward"?, Theodore J. St. Antoine

Other Publications

By now it is a commonplace in the labor relations community that there are two significant deficiencies in the administration of the National Labor Relations Act. Neither is a matter of substantive law in the usual sense. The first is the inordinate delay in securing a remedy in contested cases, and the second is the inadequacy of the remedy in certain critical situations. I should like to examine a few key recommendations of the NLRB Task Force, and a few key provisions of the proposed Labor Reform Act, in light of those two central concerns.

In my assessment I shall …


New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz Jan 1978

New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz

Faculty Articles and Papers

No abstract provided.


Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin Jan 1978

Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin

Faculty Articles and Papers

The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in the area of employee benefit plans, imposes federal minimum standards for plan reporting and disclosure, vesting, funding, and fiduciary responsibilities. To ensure national uniformity, section 514 preempts state laws that "relate to" employee benefit plans. Since ERISA affects many areas traditionally governed by state law, the extent to which states may continue to regulate certain activities whenever such regulation "relate[s] to" employee benefit plans has been the subject of much litigation.


Reports, Awards, And Opinions 1978-1, Eric J. Schmertz Jan 1978

Reports, Awards, And Opinions 1978-1, 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 Connecticut Light & Power Company, Colt Industries, Firearms Division, New York City Off-Track Betting Corporation, and Southwestern Bell Telephone Company, among others.


Second Annual Report Of The Agricultural Labor Relations Board For The Fiscal Year Ended June 30, 1978, Agricultural Labor Relations Board Jan 1978

Second Annual Report Of The Agricultural Labor Relations Board For The Fiscal Year Ended June 30, 1978, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen Jan 1978

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.


Introduction To Farm Labor Law, Joseph R. Grodin Jan 1978

Introduction To Farm Labor Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Wealth Effects And Earnings Premiums For Job Hazards, W. Kip Viscusi Jan 1978

Wealth Effects And Earnings Premiums For Job Hazards, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

DAM Smith (1937) observed that "the whole of the advantages and disadvantages of the different employments of labor and stock must, in the same neighborhood, be either perfectly equal or continually tending to equality." If a job poses health and safety risks that are especially great, a worker will require higher levels of compensation or greater non-pecuniary benefits in order for him to accept the risky job. Despite the fact that the theory of compensating differentials is almost two centuries old, it has been only recently that this theory has been subjected to successful empirical tests. The purposes of this …


Protected Concerted Activity In The Non-Union Context: Limitations On The Employer's Rights To Discipline Or Discharge Employees, Judith J. Johnson Jan 1978

Protected Concerted Activity In The Non-Union Context: Limitations On The Employer's Rights To Discipline Or Discharge Employees, Judith J. Johnson

Journal Articles

To the extent possible, this Article will be devoted to the situation in which there is no union or union organizational activity. It should be recognized that since the National Labor Relations Act does not distinguish between the statutory rights of union and non-union employees, many of the cases involving the protected concerted activities of union members are persuasive, if not binding, authority in the non-union context. The limitations placed by the Act on employers' rights will be delineated by an examination of the four factors upon which the courts have placed emphasis-definition of the term "concerted," proper purposes of …


Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben Jan 1978

Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben

Scholarly Works

In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.


Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine Jan 1978

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Book Chapters

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …