Law Commons^™

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union Grievance alleging violation of Appendix "Q" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985 and bearing the expiration date September 30, 1986. The Union requested an order that the Employer respect Appendix "Q" by signing sub post office contracts that do not exceed twelve months and by renegotiating any sub post office contracts "so that they do not exceed a twelve month period from the initial signing date".

Wimberly V. Labor & Industrial Relations Commission Of Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Paradise, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird

Scholarly Works

There is no question but that current policy in the United States comes down heavily on the side of management flexibility in the area of economic decisionmaking. The question is: should that be changed?

Re Canada Post Corp And Canadian Union Of Postal Workers, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1985, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. On behalf of the grievor the Union requested that she be reinstated in her former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from her personal file.

Re Canada Post Corp And Canadian Union Of Postal Workers (Arsenault), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. on behalf of the grievor the Union requested that he be reinstated in his former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from his personal file.

Maternity Leave: Taking Sex Differences Into Account, Nancy E. Dowd

UF Law Faculty Publications

This Article focuses on restructuring the workplace in the context of maternity leave. Although most women are no longer, and, indeed, generally cannot be required to take maternity leave, many are not guaranteed leave or may be provided only with inadequate leave. A minority of states have addressed this problem by enacting statutes requiring that all employers provide job-protected maternity leave. Two of the statutes, the California and Montana provisions, have been challenged as discriminatory under Title VII of the Civil Rights Act of 1964 and the equal protection clause of the 14th Amendment, and the Supreme Court has recently …

Employer And Consultant Reporting Under The Lmrda, J. Ralph Beaird

Scholarly Works

In light of the criticisms of the House and recent constitutional objections, this article reevaluates the viability of the employer and consultant reporting provisions of the Labor Management Reporting and Disclosure Act (LMRDA). Section I discusses the legislative history and purpose of the LMRDA's reporting provisions. Section II examines the courts' treatment of the provisions when attacked on constitutional and statutory grounds.

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

Reports, Awards, And Opinions 1986-1, Eric J. Schmertz

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

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Amerchol Corporation and documents concerning the Ohio Education Association Agency Fee/Fair Share Rebate for the 1984-85 Membership Year.

Reports, Awards, And Opinions 1986-2, Eric J. Schmertz

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

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Bath Iron Works Corporation, Board of Education, East Meadow Union Free School District, and the Boston Globe Newspaper Company, among others.

Reports, Awards, And Opinions 1986-4, Eric J. Schmertz

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

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Zenith Corporation, Suffolk County Water Authority, and the Panama Canal Commission, among others.

Reports, Awards, And Opinions 1986-3, Eric J. Schmertz

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

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of HF 193d Infantry Brigade, Department of the Army (Panama), Kiamesha Concord, Inc. (Concord Hotel), and General Dynamics Corporation, Electric Boat Division, among others.

Interim Hearing On Drug Testing In The Workplace - Volume Ii, Select Committee On Drug And Alcohol Abuse

California Joint Committees

Five interim hearings were held in the following locations: Orange County - October 7th; San Francisco - October 14th; Los Angeles - October 16th; Sacramento - October 27th; and San Diego - October 28th.

The constitutionality and legal implications, testing technology, and programs and policies of drug testing were the three key areas which the committees examined and heard testimony on from experts throuqhout the State. The following are only a few of the questions for which we hoped to receive answers: What is the appropriate balance between the employer's right to ensure for himself or herself, as well as …

Interim Hearing On Drug Testing In The Workplace - Volume I, Select Committee On Drug And Alcohol Abuse

California Joint Committees

Five interim hearings were held in the following locations: Orange County - October 7th; San Francisco - October 14th; Los Angeles - October 16th; Sacramento - October 27th; and San Diego - October 28th.

The constitutionality and legal implications, testing technology, and programs and policies of drug testing were the three key areas which the committees examined and heard testimony on from experts throuqhout the State. The following are only a few of the questions for which we hoped to receive answers: What is the appropriate balance between the employer's right to ensure for himself or herself, as well as …

Annual Report To The Legislature 1985-1986, Agricultural Labor Relations Board

California Agencies

No abstract provided.

Moral Hazard And Merit Rating Over Time: An Analysis Of Optimal Intertemporal Wage Structures, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

In situations of uncertain worker productivity and risk aversion, labor market contracts have a dual objective of promoting incentives and risk spreading. A trade-off between these objectives is present in single period models as well as in the multi-period models that were the focus of this paper. When there is more than a single period, there will be a divergence between the within period expected productivity and the spot expected wage rate as the wage structure is utilized to promote the creation of work incentives. In effect, firms will merit rate workers on an actuarially unfair basis when viewed within …

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Articles by Maurer Faculty

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.

Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie

Innis Christie Collection

The notion that the wishes of employees with respect to certification should be ascertained primarily through a secret ballot vote hardly originated in Nova Scotia, having been adopted by the U.S. Wagner Act when it was first enacted. However, in the 1950's and 60's Canadian labour policy makers generally moved their labour legislation in the direction of enhancing the importance of "evidence" of union membership as the basis for certification, relegating the vote to secondary status, to be used only where the other evidence did not indicate clear majority support for the union or where employee petitions indicated a change …

Employee Recruitment By Design Or Default: Uncertainty Under Title Vii, Elaine W. Shoben

Scholarly Works

The employment of every new worker is the result of a two-stage process: recruitment of applicants and selection from the applicant pool. A personnel officer may evaluate only John and Jane Worker because Juan and Juanita Worker are not in the applicant pool. What active or passive acts by the company establish the applicant pool? The issue becomes particularly troublesome when Juan and Juanita Worker are members of one minority group and John and Jane Worker are members of another racial or ethnic minority group. May employers legally recruit more actively from one group than another?

This Article examines the …

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

UF Law Faculty Publications

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.

The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …

Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?

What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson

Faculty Scholarship

It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Ua21 Wku Affirmative Action Plan Volume Vii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This volume contains the Report to the President for 1985-86, and the workforce analyses, availability rates, goals and timetables for the 1986-87 academic year by department units. The goals and timetables include the ultimate goals for 1987, the last year of the five-year plan.

Boycott, Theodore J. St. Antoine

Book Chapters

A boycott is a group refusal to deal. Such concerted action is an effective way for society’s less powerful members,such as unorganized workers or racial minorities, to seek fair treatment in employment, public accommodations,and public services. But as the Supreme Court recognized in Eastern States Retail Lumber Dealers’ Association v.United States (1914): ‘‘An act harmless when done by one may become a public wrong when done by many acting in concert, for it then takes on the form of a conspiracy.’’

Picketing, Theodore J. St. Antoine

Book Chapters

Picketing typically consists of one or more persons patrolling or stationed at a particular site, carrying or wearing large signs with a clearly visible message addressed to individuals or groups approaching the site. Some form of confrontation between the pickets and their intended addressees appears an essential ingredient of picketing. Congress and the National Labor Relations Board have distinguished between picketing and handbilling, however, and merely passing out leaflets without carrying a placard does not usually constitute picketing. What stamps picketing as different from more conventional forms of communication, for constitutional and other legal purposes, ordinarily seems to be the …