Labor and Employment Law Commons^™

Asian/Pacific American Week, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Pacific Western Airlines Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discipline.

In issue here is the requirement in the company's deportment and grooming rules that its male traffic agents and ramp service agents I wear only black belts and that its traffic agents, both male and female, wear only black shoes. Specifically, the relevant provisions of the company's "Passenger Services Manual" provide for all relevant categories of employee: "Belt — black, individual's choice of supplier"; for male traffic agents: "Shoes — black, leather, conservative styling. Individual's choice of supplier. No platform. Heel must not exceed 5 cms. with a preferred sole of 1 cm.", and for …

Re Board Of School Trustees, School District No 70 (Alberni) And Canadian Union Of Public Employees, Local 727, Innis Christie, M Mearns, S Tzogeoff

Innis Christie Collection

Union Grievance relating to employment of part-time employees.

This arbitration arises out of the implementation by the employer of "Program Chance", the thrust of which is explained in the following excerpts from a schools department circular dated April 21, 1980:

The Eeoc Today - An Update For The 1980'S: "A New Creativity", J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Testimony 0n Sexual Harassment In The Workplace], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Welcome Address], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Statement Before The Subcommittee On State, Justice, Commerce, The Judiciary And Related Agencies Of The Senate Committee On Appropriations], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Outline For The Age Discrimination And Employment Act And Eeoc Guidelines On Sexual Harassment, John D. Schmelzer

Selected Speeches

No abstract provided.

The Eeoc Today - An Update For The 1980'S: A New Creativity, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Outline Of Eeoc Procedures Under The Adea And Equal Pay Act, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Reports, Awards, And Opinions 1981-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Allied Chemical Corporation, Boston Edison Company, and Dowling College, among others.

Reports, Awards, And Opinions 1981-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Southern Bell Telephone and Telegraph , New York Telephone Company, New York City Health & Hospitals Corporation, and ITT World Communications, among others.

Annual Report To The Legislature 1980-81, Agricultural Labor Relations Board

California Agencies

No abstract provided.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.

Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben

Scholarly Works

The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …

The Taxation Of Employee Fringe Benefits, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Union Waiver Of Nlra Rights: Part 2-- A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper

Faculty Scholarship

The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.

In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …

Union Waiver Of Employee Rights Under The National Labor Relations Act, Michael C. Harper

Faculty Scholarship

The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Faculty Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine

Book Chapters

The law seems able to absorb only so many new ideas in a given area at any one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate …