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Labor and Employment Law Commons™

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Series

1999

Discipline
Institution
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Articles 1 - 30 of 62

Full-Text Articles in Labor and Employment Law

Re Canada Post Corp And Cupw (078-95-00677), Innis Christie Dec 1999

Re Canada Post Corp And Cupw (078-95-00677), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 11, 15, 17 and 52, in that, on July 12 and 26, 1999 two relief letter carders were assigned from LCD#2 to LCD#1 without following the seniority and staffing provisions of the Collective Agreement. The Union requested that the appropriate employees be compensated for any lost liar its, earnings and benefits, with interest at the Bank of Canada rate.

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Re Canada Post Corp And Cupw (078-95-00664), Innis Christie Dec 1999

Re Canada Post Corp And Cupw (078-95-00664), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 15 and 17, in that, from June 22 to June 25 regular employees in Group 2 were bypassed in administration of overtime while temporary employees covered uncovered routes, and on June 24 J. Robichaud worked beyond 8 hours. The Union requested that the by-passed employees be compensated for earnings lost on those two days, with interest at the Bank of Canada rate and that the …

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Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham Dec 1999

Tools For Inclusion: Helpful Hints: How To Fill Out A Winning Pass Application, Jaimie Ciulla Timmons, Steven Graham

Tools for Inclusion Series, Institute for Community Inclusion

This brief uses the story of one career woman to illustrate how to apply for and use a PASS (Plan for Achieving Self Support), a Social Security program that allows people receiving SSI to maintain benefits as they start working.

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Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky Dec 1999

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Articles

Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.

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Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth Nov 1999

Tools For Inclusion: Understanding The Ssi Work Incentives, John Butterworth

Tools for Inclusion Series, Institute for Community Inclusion

Information about Social Security Administration programs that can help people who receive Supplemental Security Income (SSI) to retain benefits that can support and ensure long-term employment.

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The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman Oct 1999

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 …

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The Pendulum Swings Again, Richard C. Reuben Oct 1999

The Pendulum Swings Again, Richard C. Reuben

Faculty Publications

Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between individual contractual rights and collective contractual needs. The question is where we draw the line. The law of adhesion contracts has traditionally used the doctrine of unconscionability to draw that line, and cases like Graham v Scissor-Tail more precisely instruct us to draw it at the reasonable expectations of the parties. By presumptively refusing to enforce cram-down arbitration provisions for consumer claims, absent evidence of knowing and voluntary waiver, we will restore those reasonable expectations, and, in the words of the case law, ensure minimum levels of integrity …

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When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig Oct 1999

When Different Means The Same: Applying A Different Standard Of Proof To White Plaintiffs Under The Mcdonnell Douglas Prima Facie Case Test, Angela Onwuachi-Willig

Faculty Scholarship

The idea that Whites, in particular white males, are the new victims of discrimination is steadily gaining acceptance among white Americans. While only 16 percent of white individuals claim to know someone who has been the victim of reverse discrimination, more than 70 percent of Whites are convinced that reverse discrimination is a rampant problem. Additionally, although reverse discrimination cases generally constitute a small percentage of filed discrimination cases, usually about 1 to 3 percent, that number is beginning to grow. In particular, the percentage of reverse discrimination claims brought by federal workers, the very workers for whom affirmative action …

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Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon Oct 1999

Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon

Articles

No abstract provided.

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Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko Jul 1999

Research To Practice: Working It Out: Workplace Experiences Of Individuals With Hiv And Individuals With Cancer, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

This brief describes the experiences of individuals with these illnesses, underlines similarities and differences between the two groups, and provides strategies for disclosure, support, and personal advocacy in the workplace.

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To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone Jul 1999

To The Yukon And Beyond: Local Laborers In A Global Market, Katherine V.W. Stone

Cornell Law Faculty Publications

This Article explores the possibilities for effective protection of labor rights in the emerging global labor market. It explores existing forms of transnational labor regulation, including both hard regulation, i.e., regulation by state-centered institutions, and soft regulation, i.e., regulation through private actors responding to market forces. The author finds that existing regulatory approaches are inadequate to ensure that the global marketplace will offer adequate labor standards to its global workforce. She proposes new approaches to global labor regulation, approaches that blend hard and soft law by reshaping market forces and embedding them in a regulatory framework that is protective of …

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Nstu V Nova Scotia (Minister Of Education & Culture), Innis Christie Jun 1999

Nstu V Nova Scotia (Minister Of Education & Culture), Innis Christie

Innis Christie Collection

The grievance involves the decision of all School Boards in Nova Scotia to refuse payment at the salary levels set out in Schedules of the Collective Agreement following the end of the effect of the Public Sector Compensation (1994-97) Act. The issue is whether teachers' experience-based salary increments provided for in the Agreement, and denied them for the school year 1994-95, are lost not only during the period the Act was in force, but also as the basis on which their salaries after October 31, 1997 are to be determined. According to the School Boards, their teachers permanently lost one …

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Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead May 1999

Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead

Presentations

Hosted by The George Washington University

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Asian Law Journal Symposium On Labor And Immigration, Hina Shah May 1999

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

Publications

No abstract provided.

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Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein May 1999

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.

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Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie Apr 1999

Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie

Innis Christie Collection

Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …

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The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig Apr 1999

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world. As I …

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The Employment Contract, Ian Ayres, Stewart J. Schwab Apr 1999

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.

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Cpaa V Canada Post Corp, Innis Christie Mar 1999

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …

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Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Mar 1999

Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.

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Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone Mar 1999

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

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Re Canada Post Corp And Cupw, Innis Christie Feb 1999

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union national policy grievance dated November 25, 1998, alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 12, in that in announcing the creation of its "Simplified Registered Mail Service" project, the Employer indicated that new positions created under this project would not be preferred assignments although, the Union alleges, the work in question corresponds with the duties of a preferred assignment within the meaning of Article 12. The Union requests a declaratory decision that the work in question be performed in registration sections by PO4's in preferred assignments, …

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Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper Feb 1999

Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper

Faculty Scholarship

In two decisions concerning sexual harassment, Faragher v. City of Boca Raton' and Burlington Industries, Inc. v. Ellerth,2 the Supreme Court, on the last day of its 1997-1998 term finally articulated coherent vicarious liability rules critical for bounding the scope of the discrimination prohibitions in Title VII of the Civil Rights Act of 1964.3 The Court did so by explaining the meaning of the inclusion of "any agent" in Title VII's definition of "employer.'" The meaning of "agent" in this definition is critical for establishing employer liability because almost all Title VII-protected employees work for corporations and other …

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Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya Jan 1999

Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya

Faculty Articles and Papers

No abstract provided.

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Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks Jan 1999

Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks

Faculty Publications

No abstract provided.

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Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii Jan 1999

Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Minimum Wage: Issues To Consider, 1999 Update, Bureau Of Labor Education. University Of Maine Jan 1999

The Minimum Wage: Issues To Consider, 1999 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The current minimum wage of $5.15 is clearly inadequate to support any family — only a oneperson household can stay above the federal poverty guidelines on a full-time minimum wage job. The minimum wage will continue to decline in its real value, putting individuals, families and especially children at growing risk of poverty. This economic hardship is heightened by the fact that many of the new jobs being created in the U.S. economy are low-wage service jobs, often without benefits. With a growing consensus that a minimum wage increase is not likely to harm employment, there is overwhelming evidence that …

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Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman Jan 1999

Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman

Faculty Publications

This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's flawed approach to …

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Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks Jan 1999

Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier Jan 1999

Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier

Dianne Pothier Collection

The Supreme Court of Canada's decision in British Columbia Government and Service Employees' Union (BCGSEU) v. British Columbia (Public Service Employee Relations Commission)' starts like a classic Lord Denning judgment. Within the first few lines, without even knowing what the legal issue really is, you know who is going to win because of how that person is presented. Justice McLachlin's judgment, speaking for a unanimous nine-person Court, begins by noting that the grievor, Tawney Meiorin, "did her work well" but nonetheless "lost her job."' It was that dissonance that made the facts of the case compelling for reinstatement. But what …

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