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Full-Text Articles in Law
A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain
A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain
University of Michigan Journal of Law Reform
Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …
Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone
Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone
University of Michigan Journal of Law Reform
This article advocates the adoption of national legislation requiring advance notice for plants closed or relocated for ostensibly economic reasons. Part I discusses the magnitude of the plant closing problem, focusing upon the costs associated with such closings, the types of assistance available for terminated workers, and the inadequacies of current relief efforts. Parts II and III examine the arguments for and against requiring advance notice of plant closings, and conclude that such a requirement represents sound public policy. Part IV proposes a complete model advance notice statute. The model statute establishes minimum requirements for a viable advance notice system, …