Law Commons^™

What Is A Genuine Industrial Dispute? Attorney General For The State Of Queensland And The State Of Victoria & Anor V Riordan & Ors; Ex Parte The Australian Liquor Hospitality And Miscellaneous Workers Union & Ors, Amanda Coulthard

Amanda Coulthard

Extract: There is a long standing doctrine that the service and rejection of a log of claims can generate an industrial dispute within the meaning of s 4(1) of the Industrial Relations Act 1988 (Cth). It is the scope of the qualification to this doctrine, namely that the demands in a log of claims be 'genuine', that is at the heart of this appeal. The appeal arises out of a finding made by Senior Deputy President Riordan of the Australian Industrial Relations Commission ('the Commission') that the service of a log of claims by the Australian Liquor, Hospitality and Miscellaneous …

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Kate Bronfenbrenner

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too often …

Minimum Wage Laws And Wage Regulation: Do Changes To A Minimum Wage Affect Employment Levels?, Joel Butler

Joel Butler

In the recent Australian debate surrounding the Commonwealth government's introduction to changes to the federal Workplace Relations laws ('WorkChoices'), a good deal of comment centred on the issue of the minimum wage. It was argued by opponents of the changes that the creation of a national Australian Fair Pay Commission ('AFPC') - which is to set federal minimum wage ('FMW') - would lead to general reductions in wages for workers. It was further argued by opponents of WorkChoices that there is no offsetting benefit in the form of increased employment that would result from any reduction in wages that occurred. …

Modern Man, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

The Employee Free Choice Act, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Way To Save Card Check, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Marley S. Weiss

No abstract provided.

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

David S. Bogen

No abstract provided.

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Marley S. Weiss

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …

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

David S. Bogen

No abstract provided.

Offset Provisions In Disability Plans, Chapter 14, § Iii. (Issues Unique To Disability Benefit Plans), D. (2011 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.

Coordination Of Benefits, Subrogation, Reimbursement And Escape Clauses, Chapter 14, § Ii. (Issues Unique To Health Care Benefit Plans), C. (2012 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.

Coordination Of Benefits, Subrogation, Reimbursement And Escape Clauses, Chapter 14, § Ii. (Issues Unique To Health Care Benefit Plans), C. (2011 Annual Update), Don Bogan

Donald T. Bogan

No abstract provided.

Electronic Surveillance In The Global Workplace: Laws, Ethics, Research And Practice, Roland Kidwell, Robert Sprague

Robert Sprague

This paper considers the legal, ethical and cultural factors that must be addressed in evaluating the appropriateness of employing electronic surveillance (ES) in varying international contexts. It critically evaluates the rationale that underlies the use of ES in a variety of settings and types of organisations. It suggests guidelines for the adoption and use of ES and potential directions for future research.

Work Versus Capital – An Exercise In Inverted Thinking, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.

Offset Provisions In Disability Plans, Chapter 14, § Iii. (Issues Unique To Disability Benefit Plans), D. (2010 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.

Labour And Employment Law In Sweden, Reinhold Fahlbeck, Johann Mulder

Reinhold Fahlbeck

No abstract provided.

The Future Of Work-Family Policy: Is "Choice" The Right Choice?, Michelle Travis

Michelle A. Travis

This article reviews the new, interdisciplinary book, Women and Employment: Changing Lives and New Challenges, which contains a set of empirical studies and policy proposals on work-family balance. This review uses the book’s research and analysis as a springboard for considering the role that gender equality should play in advancing a coherent work-family policy agenda, and more specifically, what “gender equality” means in the context of care work and labor force participation. Until recently, work-family discourse has been influenced by two dominant perspectives: one that seeks to achieve equal employment outcomes for women and men, and one that focuses on …

The Bar Exam In A Nutshell, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

This edition walks you through the entire bar preparation process from getting a head start during your last year of law school to taking the exam. It provides guidelines for selecting a bar review course, bar planner checklists, advice on how to manage the material you cover in bar review courses, and advice on how to learn the law so you can remember it and use it to answer exam questions. It identifies the basic skills the exam tests and the precise manner in which these skills are tested, showing you how to target your study efforts to maximize results.

Coordination Of Benefits, Subrogation, Reimbursement And Escape Clauses, Chapter 14, § Ii. (Issues Unique To Health Care Benefit Plans), C. (2010 Annual Update), Don Bogan

Donald T. Bogan

No abstract provided.

Offset Provisions In Disability Plans, Chapter 14, § Iii. (Issues Unique To Disability Benefit Plans), D. (2012 Annual Update), Donald Bogan

Donald T. Bogan

No abstract provided.

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …

The Fragile Relevance Of Laborem Exercens, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Decline To State: Diversity Talk And The American Law Student, Camille Gear Rich

Camille Gear Rich

No abstract provided.

Opening The Doors To The Local Courthouse: Maryland's New Private Right Of Action For Employment Discrimination, Deborah Eisenberg

Deborah Thompson Eisenberg

No abstract provided.

Lashing Back At The Ada Backlash: How The Americans With Disabilities Act Benefits Americans Without Disabilities, Michelle A. Travis

Michelle A. Travis

This Article applies Professor Derrick Bell's interest convergence hypothesis to the disability context. By identifying how the ADA benefits nondisabled workers, this Article challenges the notion that advancing equality for individuals with disabilities necessarily comes at the expense of the nondisabled workforce. Many scholars have documented the socio-legal backlash against the ADA, particularly the ADA's reasonable accommodation mandate. This backlash is fueled in part by a belief that the ADA is a form of social welfare, rather than an antidiscrimination law, and that the accommodation mandate requires affirmative action or preferential treatment, rather than merely ensuring equal employment opportunities. More …

Erisa: The Foundational Insufficiencies For Deferential Review In Employee Benefit Claims--Metropolitan Life Ins. Co. V. Glenn, Donald T. Bogan

Donald T. Bogan

No abstract provided.

Nsw Court Of Appeal: Is Public Liability Created Under Oh&S Legislation?, Neil J. Foster

Neil J Foster

Case note on a recent decision of the NSW Court of Appeal dealing with civil liability for breach of OHS legislation.

Overcoming Fears Of Erisa Preemption To Cover The Working Uninsured: Lessons Learned From Hawaii, California, And Massachusetts, Angela Tokuda

Angela Tokuda

As the debate for national health care reform continues to evolve, the question remains to what extent will national reform leave room to preserve state-level experimentation, especially in light of ERISA (Employee Retirement Income Security Act) preemption. ERISA preemption has remained a formidable obstacle to state efforts. However, three states, Hawaii, California and Massachusetts, have been successful in expanding health insurance coverage at the local level. Although each state utilizes different objectives to cover their uninsured population, each faces the same threat of ERISA preemption. Nonetheless, these states have come up with unique ways to avoid ERISA preemption. This paper …