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Labor and Employment Law

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1978

Institution
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Articles 1 - 30 of 39

Full-Text Articles in Law

United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey Dec 1978

United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey

William & Mary Law Review

No abstract provided.


Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro Dec 1978

Employment Rights Of Handicapped Individuals: Statutory And Judicial Parameters, Toni M. Massaro

William & Mary Law Review

No abstract provided.


The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka Oct 1978

The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka

William & Mary Law Review

No abstract provided.


Labor Law - Corporate Owner Not Employer And Not Eligible For Union Pension Benefits Even Though Union Member - Brauer V. Sheet Metal Workers Pension Plan, James Harris Oct 1978

Labor Law - Corporate Owner Not Employer And Not Eligible For Union Pension Benefits Even Though Union Member - Brauer V. Sheet Metal Workers Pension Plan, James Harris

North Carolina Central Law Review

No abstract provided.


Migrant Housing - A Step Backward, George Edward Graham Oct 1978

Migrant Housing - A Step Backward, George Edward Graham

North Carolina Central Law Review

No abstract provided.


Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer Oct 1978

Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer

Florida State University Law Review

No abstract provided.


Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy Jul 1978

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy

Florida State University Law Review

No abstract provided.


A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb Jun 1978

A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb

West Virginia Law Review

No abstract provided.


The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce Jun 1978

The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce

West Virginia Law Review

No abstract provided.


Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant Jun 1978

Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …


A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton May 1978

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …


Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy May 1978

Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy

Vanderbilt Law Review

The purpose of this Article has been to reestablish the continued vitality of the several branches of the state action doctrine in the face of recent decisions that have strained noticeably to avoid implementation of one or more elements of the doctrine, often by an illogical insistence on the application of the Jackson nexus requirement. At least in the employment discharge cases, the regular findings of no state action should not be read as casting doubt upon the continued viability of the various elements of state action doctrine, much less as indications that all elements except state-action-by-state-regulation are so obviously …


The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh Apr 1978

The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh

Florida State University Law Review

No abstract provided.


Osha Adopts Best Available Scientific Tests In Identifying Carcinogens Apr 1978

Osha Adopts Best Available Scientific Tests In Identifying Carcinogens

William & Mary Environmental Law and Policy Review

No abstract provided.


Nlrb V. Annapolis Emergency Hospital Association: The Propriety Of Conditional Certification As A Means Of Avoiding Employer Domination In The Collective Bargaining Unit Mar 1978

Nlrb V. Annapolis Emergency Hospital Association: The Propriety Of Conditional Certification As A Means Of Avoiding Employer Domination In The Collective Bargaining Unit

William & Mary Law Review

No abstract provided.


Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration Mar 1978

Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration

BYU Law Review

No abstract provided.


Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry Mar 1978

Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry

Vanderbilt Law Review

The decisions of the United States Supreme Court in John Wiley & Sons, Inc. v. Livingston, NLRB v. Burns International Security Services, Inc.,' and Howard Johnson Co. v. Detroit Local Joint Executive Board' have raised, but left unanswered, two significant questions regarding the proper balancing of the parties' interests: (1) does the successor employer's duty to arbitrate with the union under the predecessor's contract survive a corporate change?;and (2) if so, does the arbitrator have the power to impose the substantive terms of the predecessor's labor agreement on the successor? To answer these questions, this Article initially will analyze in …


Labor Law-Representation Elections-Nlrb Will No Longer Probe Into Truth Or Falsity Of Parties' Campaign Statements-Shopping Kart Food Market, Inc. Mar 1978

Labor Law-Representation Elections-Nlrb Will No Longer Probe Into Truth Or Falsity Of Parties' Campaign Statements-Shopping Kart Food Market, Inc.

BYU Law Review

No abstract provided.


Vi. Employment Discrimination Mar 1978

Vi. Employment Discrimination

Washington and Lee Law Review

No abstract provided.


Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii Mar 1978

Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii

St. Mary's Law Journal

Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …


X. Labor Mar 1978

X. Labor

Washington and Lee Law Review

No abstract provided.


Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon Feb 1978

Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon

Dalhousie Law Journal

A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …


Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North Feb 1978

Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North

Dalhousie Law Journal

In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; …


City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet Jan 1978

City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet

Florida State University Law Review

Labor Law- PUBLIC RECORDS ACT- DOCUMENTS ACCUMULATED DURING PRELIMINARY UNFAIR LABOR PRACTICE PROCEEDINGS NEED NOT BE DISCLOSED, UNDER PUBLIC RECORDS ACT, UNTIL SUCH TIME AS CHARGES ARE EITHER FORMALIZED OR DISMISSED.


The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz Jan 1978

The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz

UIC Law Review

No abstract provided.


Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow Jan 1978

Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow

University of Richmond Law Review

Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …


A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins Jan 1978

A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins

University of Richmond Law Review

In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …


Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson Jan 1978

Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson

University of Richmond Law Review

The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.


Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter Jan 1978

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …