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Labor and Employment Law

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1995

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Articles 121 - 130 of 130

Full-Text Articles in Law

Whistleblowers: Corporate Anarchists Or Heroes? Towards A Judicial Perspective, David Culp Jan 1995

Whistleblowers: Corporate Anarchists Or Heroes? Towards A Judicial Perspective, David Culp

Hofstra Labor & Employment Law Journal

No abstract provided.


Reports, Awards, And Opinions 1995-2, Eric J. Schmertz Jan 1995

Reports, Awards, And Opinions 1995-2, Eric J. Schmertz

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

Documents include correspondence from and arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New York Bus Service and The Port Authority of New York and New Jersey, among others.


The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab Jan 1995

The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab

Cornell Law Faculty Publications

The contingent work force is rising. Policymakers and analysts must respond. These are the central themes of Dr. Belous's paper m this symposium. Twenty-five to thirty percent—his current upper- and lower-bound estimates of the size of the contingent work force—are the basic statistics underpinning his call to arms. Dr. Belous includes in the contingent work force all workers who are temporary, part-time, self-employed, or in business services. The spread comes from different methods of handling double counting. The figures update similar estimates he published in 1989 in his well-known book, The Contingent Economy. Dr. Belous has done a great …


Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney Jan 1995

Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney

Faculty Scholarship

Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …


Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton Jan 1995

Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton

Upjohn Press

The authors identify and analyze the strategies for change and techniques most often used in today's labor negotiations. Nearly gone, they say, is the traditional "arms length" approach used by negotiators in the past. Instead, modern collective bargaining is characterized mainly by divergent strategies the authors characterize as either "forcing" (highly contentious) or "fostering" (highly cooperative). A dozen detailed case studies from a variety of industries are presented that show when, why and how these strategies are used, by whom, and to what result. These cases clearly demonstrate the use of both forcing and fostering strategies, as well as their …


Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim Jan 1995

Discrimination, Deceit, And Legal Decoys: The Diversion Of After-Acquired Evidence And The Focus Restored By Mckennon V. Nashville Banner Publishing Company, Elissa J. Preheim

Indiana Law Journal

No abstract provided.


The Case Against Regulating The Market For Contingent Employment, Maria O'Brien Jan 1995

The Case Against Regulating The Market For Contingent Employment, Maria O'Brien

Faculty Scholarship

No abstract provided.


Labor Law - Post-Expiration Arbitrability Under Collective Bargaining Agreements In The Third Circuit, Ramona Mariani Jan 1995

Labor Law - Post-Expiration Arbitrability Under Collective Bargaining Agreements In The Third Circuit, Ramona Mariani

Villanova Law Review

No abstract provided.


Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky Jan 1995

Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky

Faculty Articles

In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …


Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg Jan 1995

Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg

Faculty Scholarship

The heightened economic globalization of the last quarter century presents a welter of new questions for legal scholars, policymakers, and practitioners. In many specialized fields, lawyers and academics are reskilling in comparative and international law in response to the growing importance of the transnational linkages and competition facing economic and regulatory actors in the United States. Concurrently, dramatic economic and political "transitions" in Asia, Latin America, and Eastern Europe have created legal uncertainties and innovations that compound the challenges of transnationalization. Issues of labor and employment law are at the center of both of these epochal transformations – globalization and …