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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
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
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
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.
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.
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Affirmative Action Has Received Bum Rap, J. Clay Smith Jr.
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
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
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
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
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
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
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
Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel
Indiana Law Journal
No abstract provided.