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Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
The Supreme Court’S Application Of 'Ordinary Contract Principles' To The Issue Of The Duration Of Retiree Healthcare Benefits: Perpetuating The Interpretation/Gap-Filling Quagmire, Robert A. Hillman
Cornell Law Faculty Publications
The United States Supreme Court purported to apply "ordinary contract principles" in its decision reversing the Sixth Circuit Court of Appeals in M&G Polymers USA v. Tackett . The Sixth Circuit had held that plaintiffs, retired employees of M&G, were entitled to lifetime healthcare benefits under their union's agreement with M&G. According to the Supreme Court, the Sixth Circuit wrongly relied on a false set of "inferences" established in International Union v. Yard-Man, Inc. to find that "in the absence of extrinsic evidence to the contrary, the provisions of [the collective bargaining agreement] indicated an intent to vest …
Knowledge At Work: Disputes Over The Ownership Of Human Capital In The Changing Workplace, Katherine V.W. Stone
Knowledge At Work: Disputes Over The Ownership Of Human Capital In The Changing Workplace, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Employee Representation In The Boundaryless Workplace, Katherine V.W. Stone
Employee Representation In The Boundaryless Workplace, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman
The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman
Cornell Law Faculty Publications
Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting. This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's. During this period, employees won only 4.23 percent of employment promissory estoppel cases decided on the merits. At first blush, this is very surprising because employers, through their communications, seek to create the expectation of a stable, secure work environment and employees, because of their lack …
The Employment Contract, Ian Ayres, Stewart J. Schwab
The Employment Contract, Ian Ayres, Stewart J. Schwab
Cornell Law Faculty Publications
This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.
Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone
Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.