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Articles 1 - 30 of 58
Full-Text Articles in Labor and Employment Law
The Eeoc Is Meeting The Challenge: Response To David Rose R., Gaull Silberman
The Eeoc Is Meeting The Challenge: Response To David Rose R., Gaull Silberman
Vanderbilt Law Review
In his recent article, Twenty-Five Years Later: Where Do We Stand On Equal Employment Opportunity Law Enforcement?, David Rose declares, "The time is ripe for review." Mr. Rose argues that "effective enforcement of the equal employment opportunity law in the next decade is a necessary, if not sufficient, predicate for the social and economic well being of the Nation."' From my perspective as Vice Chairman of the Equal Employment Opportunity Commission (EEOC or Commission), I heartily agree with both points. I must take issue,however, with Mr. Rose's assessment of developments in federal equal employment opportunity law over the last twenty-five …
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
University of Michigan Journal of Law Reform
The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.
Proving Violations Or Proving Affirmative Defenses Under The Occupational Safety And Health Act Of North America, Michael R. Smith
Proving Violations Or Proving Affirmative Defenses Under The Occupational Safety And Health Act Of North America, Michael R. Smith
North Carolina Central Law Review
No abstract provided.
Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen
Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen
Indiana Law Journal
No abstract provided.
The Personnel Manual Exception To Employment-At-Will: Is Job Security Merely An Illusion?—Stewart V. Chevron Chemical Co., 111 Wash. 2d 609, 762 P.2d 1143 (1988), Marilou Rickert
Washington Law Review
Washington recognizes the personnel manual exception to the employment-at- will doctrine but applies the exception restrictively. In Stewart v. Chevron Chemical Co., the Washington Supreme Court reversed a plaintiff's judgment for wrongful discharge. This Note analyzes the court's decision and finds it a step backward from previous Washington law establishing exceptions to the employment-at-will doctrine. After Stewart, Washington provides less protection for employees than do other states. This Note suggests that a better rule would allow the trier of fact to decide whether a personnel manual is contractually binding.
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
Osgoode Hall Law Journal
The breakdown in the links of mass production and mass consumption poses problems throughout the advanced industrial world. In each nation-state the ensuing struggles will take different forms. In postwar Canada, the link between mass consumption and mass production did not lead to the same kind of trade union participation in decision-making as it did in much of Europe. Workers were unable to establish embedded rights of worker participation. What was known as the fordist model in Europe did not have deep roots in Canada. Canadian workers are now being attacked by employers whose bargaining powers were never seriously blunted, …
Specific Incident Polygraph Testing Under The Employee Polygraph Protection Act Of 1988, Ryan K. Brown
Specific Incident Polygraph Testing Under The Employee Polygraph Protection Act Of 1988, Ryan K. Brown
Washington Law Review
The Employee Polygraph Protection Act of 1988 was enacted to protect private individuals from unjust termination or denial of job opportunities resulting from unwarranted polygraph tests. The Act, however, allows private employers to continue using polygraphs as part of "ongoing investigations" of employee misconduct. This Comment examines the ambiguous language of this exemption that courts will encounter when determining whether employers have violated the Act. The Comment proposes that, unless legislative history or federal regulations indicate otherwise, ambiguities in the specific incident exemption should be broadly construed to avoid employer liability.
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
Osgoode Hall Law Journal
This article discusses Canadian, U.K., U.S., French, and Swedish models of worker ownership and the legal principles which apply to them. Based on the evidence that, in contrast to other traditional forms of workplace organization, worker participation in ownership and management gives rise to greater efficiency and productivity, lower employee absentee rates, greater job satisfaction, reduced need for managerial supervision, the lowest cost per job created and a democratic workplace, the article argues for comprehensive legislation to address the relevant issues surrounding worker ownership, so that worker co-operatives and other forms of worker ownership can reach their full potential in …
Drug Testing In The Workplace: Sacrificing Fundamental Rights In The War On Drugs, Bret Lubic
Drug Testing In The Workplace: Sacrificing Fundamental Rights In The War On Drugs, Bret Lubic
West Virginia Law Review
No abstract provided.
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …
Substantiating "Competitive Disadvantage" Claims: A Broad Reading Of Truitt, Brandon David Lawniczak
Substantiating "Competitive Disadvantage" Claims: A Broad Reading Of Truitt, Brandon David Lawniczak
Michigan Law Review
This Note argues that the broad reading of Truitt is correct. It advocates a broad rule which would require an employer to disclose substantiating financial information to its employees' union whenever it claims that meeting a proposed wage demand would place the firm at a competitive disadvantage. Because the appropriateness of substantiating financial information is factually dependent, this Note will not focus on the type or amount of information that should be disclosed. Instead, it will focus on the legal and policy justifications for a broad disclosure rule. Part I reviews Truitt and discusses the various interpretations given to it …
Plant Closing Notification: Dividing The Costs Of Closures Through Federal Regulation, Suzanne Richey Fitz, J. Benjamin Tyler
Plant Closing Notification: Dividing The Costs Of Closures Through Federal Regulation, Suzanne Richey Fitz, J. Benjamin Tyler
BYU Law Review
No abstract provided.
The Trade Bill's Approach To Helping Dislocated Workers: Will It Work?, Carl L. Britsch
The Trade Bill's Approach To Helping Dislocated Workers: Will It Work?, Carl L. Britsch
BYU Law Review
No abstract provided.
Mackey V. Lanier Collections Agency & Serv., Inc.: The Supreme Court Diminishes Erisa Preemption Protection For Welfare Benefit Plans, Richard F. Armknecht Iii
Mackey V. Lanier Collections Agency & Serv., Inc.: The Supreme Court Diminishes Erisa Preemption Protection For Welfare Benefit Plans, Richard F. Armknecht Iii
Brigham Young University Journal of Public Law
No abstract provided.
Government Contracts, Social Legislation And Prevailing Woes: Enforcing The Davis Bacon Act, Lisa Morowitz
Government Contracts, Social Legislation And Prevailing Woes: Enforcing The Davis Bacon Act, Lisa Morowitz
In the Public Interest
No abstract provided.
American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.
American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
North Carolina Central Law Review
No abstract provided.
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Michigan Law Review
This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
William & Mary Law Review
No abstract provided.
Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty
Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty
Osgoode Hall Law Journal
In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …
The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons
The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons
West Virginia Law Review
No abstract provided.
The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni
The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni
West Virginia Law Review
No abstract provided.
Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler
Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler
West Virginia Law Review
No abstract provided.
Procedural Provisions For Permanent Program Permit Applications, Walter F. Schellin
Procedural Provisions For Permanent Program Permit Applications, Walter F. Schellin
West Virginia Law Review
No abstract provided.
The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer
The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer
BYU Law Review
No abstract provided.
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian
Washington and Lee Law Review
No abstract provided.
Utah's New Mechanics' Lien Statute: Clarification For The Oil And Gas Industry, Alan A. Enke
Utah's New Mechanics' Lien Statute: Clarification For The Oil And Gas Industry, Alan A. Enke
Brigham Young University Journal of Public Law
No abstract provided.
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
BYU Law Review
No abstract provided.
Employer Defamation: The Role Of Qualified Privilege, Pamela G. Posey
Employer Defamation: The Role Of Qualified Privilege, Pamela G. Posey
William & Mary Law Review
No abstract provided.
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Michigan Law Review
Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …