Law Commons^™

Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White

Scholarly Works

Congress, in section 301(a) of the Labor Management Relations Act, has provided a cause of action for breach of a collective bargaining agreement. This statute has long been interpreted as ousting state law claims for breach of contract when the contract involved is a collective bargaining agreement.

To what extent Congress, in enacting section 301, intended to foreclose other state law claims by the parties to or the individuals covered by a collective bargaining agreement is an issue that has recently gained prominence. The Supreme Court has decided four such cases unanimously in the last four years.

Such contemporary and …

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin

All Faculty Scholarship

No abstract provided.

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George

Faculty Publications

No abstract provided.

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …

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.

Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Structure Of Labor Relations, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Am I My Brother's Keeper? Secondary Picketing Under The Norris-Laguardia Act, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Student Employees And Collective Bargaining, Martin H. Malin

All Faculty Scholarship

No abstract provided.

The Problem Of Reconciling The Contradictory Goals Of Efficiency, Equity, Humanity, William W. Van Alstyne

Popular Media

No abstract provided.

Foreword: Recent Developments In Labor Law: The Ninth Annual Labor Relations Institute, J. Ralph Beaird

Scholarly Works

The papers presented in this symposium issue were initially presented at a labor institute jointly sponsored by the Atlanta Lawyers Foundation, the Federal Bar Association, the Labor Law Section of the State Bar of Georgia and the Institute of Continuing Legal Education in Georgia. This is the ninth such institute with the first having been held in 1964 for the purpose of acquainting the practicing bar with developments and trends in the field of labor law.

Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player

Scholarly Works

Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …

Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player

Scholarly Works

The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards.

Some Aspects Of The Lmrda "Bill Of Rights", J. Ralph Beaird

Scholarly Works

Generally speaking, Title I, section 101(a), of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) guarantees to every union member: (1) equal rights and equal privileges within his union to nominate candidates for union office, to vote in elections or referendums, and to attend union meetings; (2) the right to exercise freedom of speech and assembly; (3) the right to be free from arbitrary increases in dues, initiation fees, and assessments; (4) the right to sue and to participate in administrative and legislative proceedings; and (5) the right to procedural due process in disciplinary proceedings within the union.

As …

Some Aspects Of The Lmrda Reporting Requirements, J. Ralph Beaird

Scholarly Works

Collective bargaining became the keystone of our national labor policy with the passage of the Wagner Act in 1935. The central role of this procedure was preserved in the Taft-Hartley and Landrum-Griffin Acts. By choosing collective bargaining as the principal instrument of labor market control, Congress sought to remove sources of industrial strife by a method which preserved private determination free from either unchecked employer power or smothering governmental control. Landrum-Griffin was supplementary legislation designed to eliminate or prevent practices which distorted and defeated the collective bargaining policy of the Labor-Management Relations Act. This statutory scheme has now been in …

Labor Relations Policy For Public Employees: A Legal Perspective, J. Ralph Beaird

Scholarly Works

Because approximately one-sixty of the nation's nonagricultural work force are public employees and because labor strife in public employment is increasing each year, the need for thoughtful examiniation of public policy in this vital area is manifest. The purpose of this article is to provide a basic legal framework to which the labor relations posture of the public employee can be related. Hopefully this can be accomplished by focusing on two separate but related areas. One concerns the oft told story of the evolution of labor-management relations policy for the private sector, while the other deals withe the law's changing …

Foreword: Recent Developments In Labor Law, J. Ralph Beaird

Scholarly Works

This symposium issue brings together a collection of papers notable for diversity of subject matter as well as for point of view. Yet all relate to what is generally referred to as our National Labor Policy.

Union Trusteeship Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959, J. Ralph Beaird

Scholarly Works

With the passage of the Labor-Management Reporting and Disclosure Act of 1959, Congress embarked upon a policy of substantial federal regulation of internal union affairs. Prior to this enactment, the impact of law on this area had been determined largely by state courts with only a modicum of legislative guidance. In formulating the LMRDA Congress was greatly concerned with determining where to draw the line between necessary democratic safeguards and the preservation of union self-determination. This concern was particularly evident in drafting Title III which deals with union trusteeships. While Congress framed Title III from a somewhat limited informational base, …

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

All Faculty Scholarship

No abstract provided.

State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

Scholarly Works

No abstract provided.

Operation Of The Mexican Labor Law (Part Ii), Joseph M. Cormack

Faculty Publications

No abstract provided.

Operation Of The Mexican Labor Law (Part I), Joseph M. Cormack

Faculty Publications

No abstract provided.