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Full-Text Articles in Law
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Michigan Law Review
This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …
Appropriate Bargaining Units In Non-Profit Hospitals
Appropriate Bargaining Units In Non-Profit Hospitals
Washington and Lee Law Review
No abstract provided.
Student Employees And Collective Bargaining, Martin H. Malin
Student Employees And Collective Bargaining, Martin H. Malin
Kentucky Law Journal
No abstract provided.
University Faculty And The Institution Of Collective Bargaining, Thomas C. Fenton
University Faculty And The Institution Of Collective Bargaining, Thomas C. Fenton
Kentucky Law Journal
No abstract provided.
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 Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
Articles
The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …