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1985

Labor and Employment Law

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Articles 1 - 30 of 102

Full-Text Articles in Law

The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet Nov 1985

The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet

BYU Law Review

No abstract provided.


Providing Illegal Alien Employees A Remedy For Discriminatory Discharge: Sure-Tan, Inc. V. Nlrb, John L. Saccoman Nov 1985

Providing Illegal Alien Employees A Remedy For Discriminatory Discharge: Sure-Tan, Inc. V. Nlrb, John L. Saccoman

BYU Law Review

No abstract provided.


Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler Oct 1985

Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler

University of Michigan Journal of Law Reform

This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan …


Wygant V. Jackson Board Of Education, Lewis F. Powell Jr. Oct 1985

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr. Oct 1985

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr. Oct 1985

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Supreme Court Takes One Step Forward And The Nlrb Takes One Step Backward: Redefining Constructive Concerted Activities, Christina A. Karcher Oct 1985

The Supreme Court Takes One Step Forward And The Nlrb Takes One Step Backward: Redefining Constructive Concerted Activities, Christina A. Karcher

Vanderbilt Law Review

The National Labor Relations Act (NLRA or the Act) governs the relationship between employers and employees in the United States. Specifically, section 7 of the Act 3 defines the basic rights of employees and section 8(a)4 defines employer unfair labor practices. Section 8(a)(1) generally proscribes employers from interfering with employees in the exercise of section 7 rights.' Thus,many unfair labor practice cases turn on whether section 7 of the Act protects the employee activity. Section 7 protects "concerted activities" engaged in "for the purpose of collective bargaining or other mutual aid or protection."' Courts frequently struggle to determine whether given …


Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin Oct 1985

Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin

Buffalo Law Review

No abstract provided.


Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield Oct 1985

Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield

Buffalo Law Review

No abstract provided.


Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting Sep 1985

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise of pre-election …


Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law Sep 1985

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.


Transfer Of Nlrb Jurisdiction Over Unfair Labor Practices To Labor Courts, Guy Farmer Sep 1985

Transfer Of Nlrb Jurisdiction Over Unfair Labor Practices To Labor Courts, Guy Farmer

West Virginia Law Review

No abstract provided.


Fifty Years Of The Nlra: An Overview, Arnold Ordman Sep 1985

Fifty Years Of The Nlra: An Overview, Arnold Ordman

West Virginia Law Review

No abstract provided.


Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting Sep 1985

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise of pre-election …


Concurrent Jurisdiction Of Title Vii Actions Sep 1985

Concurrent Jurisdiction Of Title Vii Actions

Washington and Lee Law Review

No abstract provided.


Bad Faith Claims Practices In Texas: Do They Exist: Extending A Bad Faith Cause Of Action Of Texas Workers' Compensation Insurance Claimants., Frederick L. Streck Iii Sep 1985

Bad Faith Claims Practices In Texas: Do They Exist: Extending A Bad Faith Cause Of Action Of Texas Workers' Compensation Insurance Claimants., Frederick L. Streck Iii

St. Mary's Law Journal

Abstract Forthcoming.


Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler Sep 1985

Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler

West Virginia Law Review

Discrimination-free employment practices have been mandated in this country for over twenty years, yet all members of American society do not share equal employment opportunities. One need only compare the unemployment rate of blacks to whites to conclude that complexion bears a remarkable relationship to employment experiences. A reminder that the earning power of American women is vastly different than that of men is evidence enough that gender is a factor in employment decisions. Most employers have abandoned their more overtly discriminatory practices such as outright refusals to employ members of racial minorities or women, termination of a woman on …


Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson Jul 1985

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.


New Directions In Worker Participation And Collective Bargaining, Robert B. Moberly Jun 1985

New Directions In Worker Participation And Collective Bargaining, Robert B. Moberly

West Virginia Law Review

No abstract provided.


Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review Jun 1985

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings. …


Comparable Worth And The Presumption Of Equality: What Does Justice Require, Nancy Matthews Jun 1985

Comparable Worth And The Presumption Of Equality: What Does Justice Require, Nancy Matthews

West Virginia Law Review

No abstract provided.


Keep Your Eyes On Eeoc, J. Clay Smith Jr. May 1985

Keep Your Eyes On Eeoc, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Affirmative Action Has Received Bum Rap, J. Clay Smith Jr. May 1985

Affirmative Action Has Received Bum Rap, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Naacp V. Detroit Police Officers Association - The Demarcation Of Title Vii And The Fourteenth Amendment In Employment Discrimination, Michael L. King Apr 1985

Naacp V. Detroit Police Officers Association - The Demarcation Of Title Vii And The Fourteenth Amendment In Employment Discrimination, Michael L. King

North Carolina Central Law Review

No abstract provided.


Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor Apr 1985

Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor

William & Mary Law Review

No abstract provided.


The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan Apr 1985

The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan

University of Michigan Journal of Law Reform

Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …


A Proposal To End Nlrb Deferral To The Arbitration Process, Cornelius J. Peck Apr 1985

A Proposal To End Nlrb Deferral To The Arbitration Process, Cornelius J. Peck

Washington Law Review

In January 1984 the NLRB, reconstituted by President Reagan's appointees, announced significant changes in the Board's policies concerning deferral to the arbitration processes established by employers and unions in their collective bargaining agreements. The new policies are redolent with the politics of a changed administration rather than expertise in labor relations. The changes continue the Board's uncertain treatment of the relationship between its jurisdiction to prevent unfair labor practices and arbitrators' decisions concerning collective bargaining agreements. The newly announced policies are consistent with the conviction that the federal government should sharply reduce its regulatory activities, transferring its previous responsibilities to …


Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke Apr 1985

Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke

Indiana Law Journal

No abstract provided.


Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii Apr 1985

Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii

Indiana Law Journal

No abstract provided.


Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel Apr 1985

Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel

Indiana Law Journal

No abstract provided.