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The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges Dec 1990

The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of ...


Newsletter Vol.18 No.4 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Nov 1990

Newsletter Vol.18 No.4 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr. Sep 1990

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.


Newsletter Vol.18 No.3 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1990

Newsletter Vol.18 No.3 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Article Ii Of The National Bituminous Coal Wage Agreement Of 1988: Contractual Antecedents And Current Issues, Ronald E. Meisburg Jun 1990

Article Ii Of The National Bituminous Coal Wage Agreement Of 1988: Contractual Antecedents And Current Issues, Ronald E. Meisburg

West Virginia Law Review

No abstract provided.


Newsletter Vol.18 No.2 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Apr 1990

Newsletter Vol.18 No.2 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt Jan 1990

Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.

In this Article, Professor Dau-Schmidt criticizes the ...


Monologue Or Dialogue In Management Decisions: The Duty To Negotiate And The Efficiency Of Dialogue, Timothy A. Canova Jan 1990

Monologue Or Dialogue In Management Decisions: The Duty To Negotiate And The Efficiency Of Dialogue, Timothy A. Canova

Timothy A. Canova

According to University of Stockholm law professor Ronnie Eklund, "Canova's comparative study is an important contribution in the literature of comparative labor law, highlighting both significant similarities and differences in Swedish and American labor law and policy."

Management and labor are adversaries in both U.S. and Swedish industrial relations. The Swedish model, however, is marked by a continual dialogue between the adversaries with the objective of achieving mutual understanding on a wide range of issues. This dialogue has been fostered by Swedish labor law reforms, particularly the Swedish Act on Co-Determination, along with a comprehensive labor market policy ...


The Steelworkers Trilogy In The Public Sector, Ann C. Hodges Jan 1990

The Steelworkers Trilogy In The Public Sector, Ann C. Hodges

Law Faculty Publications

This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive ...


Newsletter Vol.18 No.1 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Jan 1990

Newsletter Vol.18 No.1 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke Jan 1990

Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke

Upjohn Press

Cooke answers important questions about labor-management cooperative efforts and addresses the problems undermining these efforts. His analyses are based on a variety of secondary data sources plus primary data from three nationwide surveys of plant managers, union leaders, and industry executives. Also included are several prescriptions for the success of labor-management cooperative efforts.


Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine Jan 1990

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine

Articles

A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in ...