Law Commons^™

Labor, Richard R. Boisseau, David C. Palmer

Mercer Law Review

No abstract provided.

Employment Discrimination, Susan A. Cahoon

Mercer Law Review

During 1980, the Fifth Circuit again had a full docket of employment discrimination cases. For the most part, the cases tended to turn on the particular facts at issue, and there were few pronouncements by the court of broader significance. An en banc court did decide an important question about limiting communications in class actions, and a panel of the court considered for the first time, whether there is an implied private cause of action to sue for discrimination against the handicapped under Section 503 of the Rehabilitation Act of 1973. The Fifth Circuit also continued to follow a unique …

Garcia V. Gloor: Mutable Characteristics Rationale Extended To National Origin Discrimination, Dwight J. Davis

Mercer Law Review

In Garcia v. Gloor, the Fifth Circuit Court of Appeals upheld a district court ruling that an employer's policy requiring employees to speak only English while at work did not violate the Civil Rights Act of 1964 prohibition against national origin discrimination. In so ruling, the court extended the mutable-immutable characteristics rationale that the Fifth Circuit first outlined in Willingham v. Macon Telegraph Publishing Co.

Youth Unemployment: A National Epidemic, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Andres Wines (Bc) Ltd And United Brewery Workers, Local 300, Innis Christie

Innis Christie Collection

Employee Grievance relating to long-term disability payments.

At the outset of the hearing counsel agreed that I am properly seised of this matter and could proceed as a single arbitrator notwithstanding the fact that art. IX, s. 4, Step 4 of the collective agreement calls for an arbitration board. It was agreed that any objection to a failure to comply with the requirements of the collective agreement in respect of my selection and proceeding as a single arbitrator would be waived.

Re York Farms Ltd, Sardis And Canadian Food And Allied Workers, Local P430, Innis Christie, J Wells, A Hamilton

Innis Christie Collection

Employee Grievance alleging unjust suspension.

Counsel agreed at the outset of the hearing that the board was properly constituted and seised of this matter. It was also agreed by counsel that management would not introduce evidence of the grievor's work record on the understanding that if the board concluded that there was just cause for any discipline there would be no reduction in the three-day suspension.

Re Utah Mines Ltd And International Union Of Operating Engineers, Local 115, Innis Christie

Innis Christie Collection

Employee Grievance relating to holiday pay.

The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the …

Recent Developments In Employment Anti-Discrimination Laws, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Burrard Yarrows Corporation, Vancouver Division, And International Brotherhood Of Painters, Local 138, Innis Christie, C Mcintosh, W Yule

Innis Christie Collection

Union Grievance alleging improper contracting out.

The union which is the grievor here is one of 11 unions signatory to the collective agreement with Burrard Yarrows Corporation — Vancouver Division. As an industrial collective agreement this poly-party agreement is somewhat unusual in that it provides for a form of closed shop union security with a role for the union hiring hall. At the same time it makes provision for seniority.

Safety In The United Kingdom's Deep Coal Mines, John L. Collinson

West Virginia Law Review

No abstract provided.

Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.

Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk

West Virginia Law Review

No abstract provided.

Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff

West Virginia Law Review

No abstract provided.

Aging And Employment Discrimination, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Asian/Pacific American Week, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

One Step Forward And Two Steps Back: The Shopping Kart - General Knit Dance, Duane C. Aldrich, Richard R. Carlson

Mercer Law Review

In the space of less than two years, the National Labor Relation Board's Shopping Kart Food Market, Inc. experiment was born and laid to rest in a drama of zealous forensics worthy of the union representation campaigns that Shopping Kart sought to deregulate. Shopping Kart, which would have radically curtailed Board review of the truthfulness of union and employer representation campaign propaganda, was disavowed by a new Board majority in General Knit, Inc., with the result that the Board's pre-Shopping Kart policy of scrutiny of campaign propaganda was substantially, if not completely, restored. Although Shopping Kart may …

The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams

BYU Law Review

No abstract provided.

A Survey Of Recent Retail Facilities Nonemployee Access Decisions, Russell A. Willis Iii

Mercer Law Review

The following is intended as a limited survey of recent decisions of the National Labor Relations Board and various state and federal courts on the subject of nonemployee access to employer property in certain labor relations contexts. To the extent that there is a thematic structure to the writing, it is that implied by interstices between the rationales of the Supreme Court decisions in Hudgen v. NLRB and Sears, Roebuck & Co. v. San Diego County District Council of Carpenters (Sears I). A brief description of those interstices is therefore an appropriate starting point.

Longshoremen's Embargo Of Soviet Goods: A Secondary Boycott Or A Political Protest?, Jeffrey L. Caddell

Mercer Law Review

In January of 1980 the International Longshoremen's Associaton, (ILA), boycotted any and all material destined for or originated from the Soviet Union. The boycott was announced as a political protest of the Soviet invasion of Afghanistan. Not surprisingly, the boycott spawned several lawsuits contesting the legality of the union action: New Orleans Steamship Ass'n v. Longshore Workers; Baldovin v. ILA and Walsh v. ILA. This comment will focus on these three decisions and their treatment of three major issues: first, whether the boycott is within the commerce jurisdiction of the National Labor Relations Board (NLRB); second, whether the …

Nlrb V. Yeshiva University: The Demise Of Academic Collective Bargaining?, Keith Denslow

Mercer Law Review

Although the National Labor Relations Act was enacted into federal law in 1935, the National Labor Relations Board did not extend the Act to cover employees of private, nonprofit universities and colleges until 1970. Shortly thereafter, in a separate but not unrelated decision, the Supreme Court decided NLRB v. Bell Aerospace Co., in which it held that all managerial employees are ineligible for coverage under the Act. Unknown to either the Court or the Board, the Bell decision placed in jeopardy the earlier Board decision to extend jurisdiction over university employees. A clash between the two decisions seemed inevitable …

Wright Line: The Nlrb Adopts The Mt. Healthy Test For Dual Motive Discharge Cases Under The Lmra, Raymond C. Mayer

Mercer Law Review

In Wright Line, the National Labor Relations Board (Board) abandoned its standard causation test for mixed motive or dual motive discharge cases arising under sections 8(a)(1) or 8(a)(3) of the Labor-Management Relations Act' (Act) and adopted in its stead the test enunciated by the Supreme Court in Mt. Healthy City School District Board of Education v. Doyle. In so doing, the Board wrote an elaborate opinion explaining the development of the conflicting tests applied by the Board and the federal courts of appeals, the Mt. Healthy test, and the applicability of that test to section 8(a)(3) cases.

Wright …

Community Defense Of Union- Free Status, Michael A. Caldwell

Mercer Law Review

During the last decade, the shift of industrialization southward towards the Sunbelt has brought growing prosperity to many previously impoverished communities. Climate, new markets, and favorable tax environments have made previously agrarian communities attractive to northern industries. The ample availability of nonunion labor in these communities has obviously played a large part in their selection as sites for plant relocation. In these cities and towns, the fortuitously "dropped" union authorization card in a plant restroom, or a report that a guest in a local motel has used a credit card issued to a labor union, will send ripples of alarm …

Accommodating Labor's Section 7 Rights To Picket, Solicit, And Distribute Literature On Quasi-Public Property With The Owners' Property Rights, Donald T. O'Connor

Mercer Law Review

Almost a quarter of a century ago, the Supreme Court handed down its landmark decision in NLRB v. Babcock & Wilcox. The Court held that an employer may prohibit nonemployee union organizers from distributing literature to its employees on company property if the employees are not beyond the reasonable reach of the union and the no-access rule does not discriminate against the union. Since Babcock & Wilcox, the development of the law regarding the right of nonemployee organizers to solicit employees on private property not open to the public has followed a predictable path. However, when the property …

Employee Protests Over Supervisory Changes: The Nlrb Versus The Circuit Courts, Andrew Gage Nichols

Mercer Law Review

The protection afforded workers by the National Labor Relations Act (NLRA) extends only to that class of workers defined by the Act as employees.' The term employee as defined by the Act specifically excludes "any individual employed as a supervisor." The Act defines a supervisor as:

any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not …

Safeco And Secondary Product Picketing, Joseph F. Kinman Jr.

Mercer Law Review

In NLRB v. Retail Store Employees Local 1001 (Safeco), the Supreme Court held that primary product picketing at a neutral secondary retailer's place of business that can be reasonably expected to threaten the neutral party with ruin or substantial loss is prohibited by section 8(b)(4)(i,ii)(B) of the National Labor Relations Act (NLRA).

Safeco Title Insurance Company (Safeco) is a California corporation engaged in the operation of a title insurance company in Seattle, Washington. Safeco employees were represented in the collective bargaining process by the Retail Store Employees Union Local 1001, Retail Clerks International Association, AFL-CIO. Negotiations between Safeco and the …

The Michelin Amendment In Context, Brian Langille

Dalhousie Law Journal

On Friday, December 28, 1979 an Act to Amend Chapter 19 of the Nova Scotia Acts of 1972, The Trade Union Act, received Royal assent. This piece of legislation is commonly (and much more conveniently) referred to as the Michelin Bill, the Michelin Act or the Michelin Amendment.' Its namesake is Michelin Tires (Canada) Limited, the Canadian subsidiary of the large French multinational radial tire manufacturer. It must, and indeed it should, seem odd that a bill amending in general terms an act of general application (the Trade Union Act of Nova Scotia)2 should bear the name of a manufacturing …