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Articles 1 - 30 of 83
Full-Text Articles in Law
Bargaining Impasse Does Not Justify Withdrawal From A Muitiemployer Bargaining Unit: Charles D. Bonanno Linen Service. Inc. V. Nlrb, Clifford Eley
Bargaining Impasse Does Not Justify Withdrawal From A Muitiemployer Bargaining Unit: Charles D. Bonanno Linen Service. Inc. V. Nlrb, Clifford Eley
BYU Law Review
No abstract provided.
The First Amendment And Nonpicketing Labor Publicity Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act, Lee Goldman
The First Amendment And Nonpicketing Labor Publicity Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act, Lee Goldman
Vanderbilt Law Review
This Article attempts to provide the appropriate constitutional analysis of restrictions on nonpicketing labor publicity. Part II describes the relevant statute and illustrative cases, including the Supreme Court's DeBartolo decision, that have raised but not resolved the first amendment issues concerning nonpicketing labor publicity. The cases focus attention on two restrictions the courts have imposed on nonpicketing labor publicity-the "producer-distributor" and the "for the purpose of" requirements. Part III analyzes the protected status of the nonpicketing labor speech by comparing nonpicketing labor publicity with labor picketing and commercial speech-two areas that bear superficial similarity to nonpicketing labor publicity and that …
Farmer V. City Of Fort Lauderdale, 427 So. 2d 187 (Fla. 1983), Vincent G. Torpy, Jr.
Farmer V. City Of Fort Lauderdale, 427 So. 2d 187 (Fla. 1983), Vincent G. Torpy, Jr.
Florida State University Law Review
Labor Law-POLICE OFFICER MAY NOT PROPERLY BE DISMISSED FOR REFUSAL TO SUBMIT TO A POLYGRAPH EXAMINATION
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
University of Michigan Journal of Law Reform
Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …
The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick
The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick
Buffalo Law Review
Book review of James B. Atleson's Values and Assumptions in American Labor Law
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
Gissel Bargaining Orders: Circuit Courts 'Struggle To Limit Nlrb Abuse
Gissel Bargaining Orders: Circuit Courts 'Struggle To Limit Nlrb Abuse
Washington and Lee Law Review
No abstract provided.
The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley
The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley
West Virginia Law Review
No abstract provided.
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Michigan Law Review
This Note examines both the statutory and constitutional implications of Safeco and Tree Fruits. It suggests that the confusion surrounding existing Board and court interpretations of section 8(b)(4)(ii)(B) stems from the Supreme Court's failure to assess realistically the impact that consumer picketing has on secondary businesses, as well as the Court's refusal to examine the objectives of unions that resort to secondary picketing.
Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note will focus on the confusion that plagues one category of antitrust standing cases, those in which an employee alleges wrongful discharge for his refusal to participate in a scheme that violates the antitrust laws. Conflicts among the circuits in their analysis and resolution of these employee standing cases have not been definitively settled by the Supreme Court's recent pronouncements on the right to seek recovery under section 4. This Note argues that these recent Supreme Court decisions, as well as the policies behind the antitrust laws, weigh in favor of permitting an employee to maintain a section 4 …
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law
Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law
West Virginia Law Review
During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …
National Labor Relations Act: The Roles Of The Nlrb And The Courts Of Appeals After Pullman-Standard In Determining Employer Motivation In Section 8 (A)(3) Dual Motive Cases, William E. Anderson
National Labor Relations Act: The Roles Of The Nlrb And The Courts Of Appeals After Pullman-Standard In Determining Employer Motivation In Section 8 (A)(3) Dual Motive Cases, William E. Anderson
Vanderbilt Law Review
This Note advocates use of the Pullman-Standard Title VII model to define the proper roles of the Board and the courts of appeals in determining discriminatory intent in section 8 (a)(3) dual motive cases. Part II of this Note discusses the current confusion concerning the amount of discretion a court of appeals owes the Board's finding of discriminatory intent in dual motive cases. Part II also traces the Supreme Court's failure to define clearly the proper roles of the Board and the courts of appeals in finding discriminatory intent, the confusion this failure has caused, and the Board's unsuccessful attempt …
Suits To Bind Nonsignatories To Collective Bargaining Agreements Under Section 301: The Emerging Federal Common Law, David A. Anderson
Suits To Bind Nonsignatories To Collective Bargaining Agreements Under Section 301: The Emerging Federal Common Law, David A. Anderson
BYU Law Review
No abstract provided.
Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg
Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg
West Virginia Law Review
No abstract provided.
Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum
Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum
BYU Law Review
No abstract provided.
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
West Virginia Law Review
No abstract provided.
Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler
Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler
West Virginia Law Review
No abstract provided.
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …
The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin
The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin
University of Michigan Journal of Law Reform
This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …
The Deductibility Of Daily Transportation Expenses To And From Distant Temporary Work Sites, Michael D. Rose
The Deductibility Of Daily Transportation Expenses To And From Distant Temporary Work Sites, Michael D. Rose
Vanderbilt Law Review
In the Article Professor Rose addresses the uncertainty that has characterized judicial application of Internal Revenue Code provisions to daily transportation expenses to and from distant temporary work sites. Although the Internal Revenue Code disallows deductions for commuting expenses to and from work, transportation expenses between work sites are deductible. The courts have had some difficulty applying these principles to distant temporary work sites. Professor Rose argues that the United States Tax Court in Turner v. Commissioner has fomented much of this confusion. Although the court reached the correct determination on the facts, its rationale is flawed. According to Professor …
Workers Compensation: The Historical Compromise Revisited, Dianne Pothier
Workers Compensation: The Historical Compromise Revisited, Dianne Pothier
Dalhousie Law Journal
This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept. - Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981 In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
West Virginia Law Review
No abstract provided.
Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe
Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe
West Virginia Law Review
No abstract provided.
Employment, Deborah Mchenry Woodburn
Right To Sue Under Section 4 Of The Clayton Act - The Employee Deischarged For Regusal To Participate In The Anitcompetivie Practices Of His Employer: Bichan V. Chemetron Corp. Examined In Light Of Blue Shield V. Mcready, Ralph N. Bryson
BYU Law Review
No abstract provided.
Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii
Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii
St. Mary's Law Journal
Abstract forthcoming.
Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii
Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii
William & Mary Law Review
No abstract provided.
The Origins And Impact Of Deregulation , Wilbur Daniels
The Origins And Impact Of Deregulation , Wilbur Daniels
Hofstra Labor & Employment Law Journal
No abstract provided.