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1978

Labor and Employment Law

Institution
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Articles 61 - 69 of 69

Full-Text Articles in Law

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter Jan 1978

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …

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The Occupational Safety And Health Act Of 1970 As Applied To The Construction Industry: The Multi-Employer Worksite Problem Jan 1978

The Occupational Safety And Health Act Of 1970 As Applied To The Construction Industry: The Multi-Employer Worksite Problem

Washington and Lee Law Review

No abstract provided.

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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 …

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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.

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Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb Jan 1978

Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb

Villanova Law Review

No abstract provided.

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Pension Law--Garnishment--Pension Fund Benefits Governed By The Federal Employee Retirement Income Security Act Are Subject To Court-Ordered Alimony And Child Support Payments. Jan 1978

Pension Law--Garnishment--Pension Fund Benefits Governed By The Federal Employee Retirement Income Security Act Are Subject To Court-Ordered Alimony And Child Support Payments.

Fordham Urban Law Journal

This Case Note summarizes the case American Telephone & Telegraph Co. v. Merry, 592 F.2d 118 (2d Cir. 1979). In this case the court of appeals faced problems of statutory construction and ERISA, namely whether ERISA protected pension plans from ganishment orders ordering alimony and child support be payed while waiting for an ultimate jugment as to whether they should be paid. The court of appeals affirmed the district court's holding that ERISA did not prohibit the garnishment of pension plan benefits to satisfy alimony and support payments nor did it displace the state court's authority in this area by …

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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 …

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Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins Jan 1978

Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins

Kentucky Law Journal

No abstract provided.

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The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet Jan 1978

The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet

Kentucky Law Journal

No abstract provided.

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