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Full-Text Articles in Labor and Employment Law
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien
Faculty Scholarship
Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. 17 A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As 18 Is and others 19 have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien
Faculty Scholarship
This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes …
Introduction, David J. Seipp
Introduction, David J. Seipp
Faculty Scholarship
Have we come to bury Lochner, or to praise it? Lochner v. New York,' decided 100 years ago, gave its name to an era in which judges struck down popular statutes that regulated hours, wages, and conditions of work, on grounds that such labor regulations violated a constitutional liberty of contract. After 1937, Lochnerism and Lochnerizing were more or less uniformly condemned by judges and law professors alike. Recently, some scholars have tried to resurrect the Lochner approach, presumably as a way to render much of the twentieth-century regulatory state unconstitutional.