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In The Matter Of Occupational Safety And Health - December 8, 1983, Senate Committee On Industrial Relations, Assembly Committee On Labor And Employment

California Joint Committees

No abstract provided.

In The Matter Of Occupational Safety And Health - December 6, 1983, Senate Committee On Industrial Relations, Assembly Committee On Labor And Employment

California Joint Committees

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

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 …

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.

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 …

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

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

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 …

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.

Gissel Bargaining Orders: Circuit Courts 'Struggle To Limit Nlrb Abuse

Washington and Lee Law Review

No abstract provided.

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 …

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.

Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer

University of Arkansas at Little Rock Law Review

No abstract provided.

The Common Law, Labor Law, And Reality: A Response To Professor Epstein, Thomas Kohler, Julius Getman

Thomas C. Kohler

No abstract provided.

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 …

Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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.

Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum

BYU Law Review

No abstract provided.

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. …

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 …

Re Government Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging improper denial of leave of absence for union business. Grievance allowed.

In late August of 1982 the grievor, Jane Cainey, a pay-roll clerk in the Department of Finance, applied through the union office for leave without pay from September 28, 1982 to October 1, 1982 inclusive, to attend the annual convention of the Nova Scotia Federation of Labour.

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 …

Employment, Deborah Mchenry Woodburn

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

West Virginia Law Review

No abstract provided.

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.