Law Commons^™

Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser

University of Michigan Journal of Law Reform

This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.

Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson

University of Michigan Journal of Law Reform

Unlike racial discrimination, age discrimination statutes do not prohibit all forms of discrimination but only those forms that are arbitrary. In this respect age is most analogous to sex as a basis of discrimination: in neither case has a conclusive statutory presumption been made that these factors are irrelevant in an employment situation; in both situations the employer must make his decision to hire or not to hire on the abilities of the individual and not on assumptions, proven or unproven, about the class as a whole. This note considers the extent of arbitrary age discrimination and what measures have …

Airline Mergers: The Public Interest In Labor Protective Provisions, Stanley B. Rosenfield

Kentucky Law Journal

No abstract provided.

Title Vii And Postjudgment Class Actions, John F. Crawford

Indiana Law Journal

No abstract provided.

Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith

Cleveland State Law Review

The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …

Expanding The Right Of Nonemployee Union Organizers To Solicit On Company Property: Industrial Parks And Retail Stores, Paul R. Comeau

Buffalo Law Review

No abstract provided.

Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law

University of Richmond Law Review

"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …

Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker

Loyola University Chicago Law Journal

No abstract provided.

The "Polaroid Experiment" In South Africa--A Progress Report, Beryl Unterhalter

Vanderbilt Journal of Transnational Law

The business activities of the Polaroid Company in South Africa came under attack in October of 1970, when a small group of Polaroid workers who called themselves the Polaroid Revolutionary Workers' Movement received wide publicity for their protests concerning an alleged anomaly in the company's annual report. According to the Polaroid Revolutionary Workers' Movement, the report, while alluding to the company's role in combating racism and in providing equal opportunities for all employees, described its expanding field of operations and increased profits in South Africa, a country in which racial discrimination is widespread. The Movement further pointed out that part …

The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg

Articles by Maurer Faculty

No abstract provided.

Unemployment Without Fault: Disqualifications For Unemployment Insurance Benefits, David R. Packard

Villanova Law Review

No abstract provided.

The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review

No abstract provided.

Occupational Safety And Health Act Of 1970, Lee Hornberger

Cleveland State Law Review

More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …

Equal Pay: The Hospital-Nursing Home Dilemma

University of Richmond Law Review

The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter …

Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs

Cleveland State Law Review

The purpose of this paper is to determine what, if any, particular criteria are currently being used by arbitrators in deciding subcontracting controversies involving labor and management where a contract exists between the parties. The failure of traditional standards in the evaluation of subcontracting controversies has long been evident. The view here taken opposes those standards and indicates that there is a soundly based and readily analyzed common factor, available as a basis for the determination of these disputes.

Faculty Collective Bargaining And The Law Schools, Alvin L. Goldman

Law Faculty Scholarly Articles

Introductory address for a panel discussion at the annual meeting of the Association of American Law Schools.

The Developing Labor Relations Law In The Public Sector, Harry T. Edwards

Duquesne Law Review

No abstract provided.

Labor Law - Racial Discrimination In Employment - Reconciliation Of The Policies Of Title Vii Of The Civil Rights Act Of 1964 With The Civil Rights Act Of 1866, Mark Joseph Zovko Jr.

Duquesne Law Review

The Court of Appeals for the Third Circuit held that an action seeking relief from racial discrimination by a private employer based on the Civil Rights Act of 1866 is not impliedly barred by Title VII of the Civil Rights Act of 1964.

Young v. International Telephone and Telegraph Company, 438 F.2d 757 (3d Cir. 1971).

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell

Villanova Law Review

No abstract provided.

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review

No abstract provided.

The 1969 United Mine Workers Election: Why No Pre-Balloting Investigation By The Secretary Of Labor, Edwin S. Hopson

Villanova Law Review

No abstract provided.

Labor Law - Successorship - Post-Transfer Viability Of The Bargaining Unit Forms A Sufficient Basis To Impose A Duty To Bargain Upon An Acquiring Employer Even Where The Absence Of Any Connection Between The Predecessor And Successor Precludes More Extensive Liability, Philip M. Cullen Iii

Villanova Law Review

No abstract provided.

Labor Law - Employee-Oriented Collective Bargaining Agreement In Insufficient Reason To Deny The Issuance Of A Boys Markets Injunction, J. Michael Fieglein

Villanova Law Review

No abstract provided.

Labor Law - Overtime Wages - Interstate Motor Carriers Can Be Obligated To Pay Overtime Wages In Accordance With The District Of Columbia Minimum Wage Law, Frank H. Griffin Iii

Villanova Law Review

No abstract provided.

Preemption Reconsidered: The Apparent Reaffirmation Of Garmon, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman

Articles by Maurer Faculty

No abstract provided.

The Employers’ Duty To Supply Information To The Union — A Study Of The Interplay Of Administrative And Judicial Rationalization, Roger C. Hartley, Florian Bartosic

Scholarly Articles

The imposition of an affirmative obligation on an employer to provide his employees' exclusive bargaining representative with various kinds of information has been one of the most significant developments in the evolution of the concept of good faith bargaining under section 8(a)(5) of the Labor Management Relations Act. This development has been in part a response to the realization that certain information acts as the lubricant needed to keep the collective bargaining machinery running smoothly. It recognizes that the parties can negotiate and administer a collective bargaining agreement only when they have available the information necessary to make informed, intelligent …

Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.