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Full-Text Articles in Labor and Employment Law
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
Fordham Urban Law Journal
The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London
Fordham Urban Law Journal
As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier
Fordham Urban Law Journal
This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
Fordham Urban Law Journal
The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
Fordham Urban Law Journal
In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …
Teacher Collective Bargaining
Fordham Urban Law Journal
This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …