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Labor and Employment Law

1984

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Articles 1 - 30 of 100

Full-Text Articles in Law

The Price Of Equality, Drucilla Stender Ramey Dec 1984

The Price Of Equality, Drucilla Stender Ramey

Publications

No abstract provided.


Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward Dec 1984

Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward

Washington Law Review

In Thompson v. St. Regis Paper Company, the Washington Supreme Court limited the employer's right to discharge at will employees by carving out three specific exceptions to the at will rule. This approach is a tentative step toward protection of the interests of employees in Washington. However, because many unjustly discharged employees will be unable to frame a complaint that falls within one of these narrow exceptions, the Thompson decision falls short of a comprehensive solution to the problem of unfair discharge.


Wildcat Strikes In Health Care Institutions—East Chicago Rehabilitation Center, Inc. V. Nlrb, 720 F.2d 397 (7th Cir. 1983), Cert. Denied, 104 S. Ct. 1414 (1984), Crissa Cugini Nov 1984

Wildcat Strikes In Health Care Institutions—East Chicago Rehabilitation Center, Inc. V. Nlrb, 720 F.2d 397 (7th Cir. 1983), Cert. Denied, 104 S. Ct. 1414 (1984), Crissa Cugini

Washington Law Review

In 1974, Congress added section 8(g) to the National Labor Relations Act (NLRA), requiring labor organizations in health care institutions to give ten days' notice before striking. In East Chicago Rehabilitation Center, Inc. v. NLRB, the Seventh Circuit Court of Appeals interpreted the ten day notice provision in the context of a wildcat strike by seventeen nurse's aides. A divided court held that the wildcat strikers were not required to give ten days' notice because they were not a "labor organization." The court further held that the strikers were protected even though theirs was a wildcat strike not authorized by …


Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle Nov 1984

Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle

BYU Law Review

No abstract provided.


The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd Oct 1984

The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd

William & Mary Law Review

No abstract provided.


The Liability Of Third Parties Under Title Vii, Andrew O. Schiff Oct 1984

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.


The National Labor Relations Act Does Not Preempt A Discharged Permanent Replacement Worker's State Cause Of Action, Stephanie L. Stromire Oct 1984

The National Labor Relations Act Does Not Preempt A Discharged Permanent Replacement Worker's State Cause Of Action, Stephanie L. Stromire

Vanderbilt Law Review

The purpose of this Recent Development is to examine the issues surrounding discharged permanent replacement workers and to discuss problems confronting state courts that try to implement the Belknap decision. Part II of this Recent Development analyzes the legal background leading up to Belknap. Part III examines the Belknap opinion. Part IV criticizes the decision on three fronts and suggests possible ways of addressing the problems that Belknap presents.


Working Class Hero: A New Strategy For Labor, David L. Gregory Oct 1984

Working Class Hero: A New Strategy For Labor, David L. Gregory

Vanderbilt Law Review

It is very rare to find a worthwhile book so fraught with fundamental weaknesses. Fortunately, Aronowitz' flawed conclusions readily can be separated from his fine historical and political analysis of the American labor movement. The first two sections of the book are a legitimate contribution to historical progressive labor scholarship. The broader perspective posited by Aronowitz, the union organizer, may enhance future labor scholarship. The crucial task, however, remains: Progressive labor scholars must move from criticism of conventional labor relations modalities to a formulation of realistic plans for the achievement of full human dignity in the employment environment. Working Class …


Some Observations About The Standards Applied To Labor Injunction Litigation Under Sections 10(J) And 10(L) Of The National Labor Relations Act, George Schatzki Oct 1984

Some Observations About The Standards Applied To Labor Injunction Litigation Under Sections 10(J) And 10(L) Of The National Labor Relations Act, George Schatzki

Indiana Law Journal

No abstract provided.


Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel Oct 1984

Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel

Indiana Law Journal

No abstract provided.


Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay Oct 1984

Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay

Buffalo Law Review

No abstract provided.


Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review Oct 1984

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …


The Employment Training Panel, Annual Report September 30, 1984, Employment Training Panel Sep 1984

The Employment Training Panel, Annual Report September 30, 1984, Employment Training Panel

California Agencies

The Employment Training Panel is helping California, its businesses and workers implement new technologies and foster mature industries to keep California on the cutting edge of competition and enterprise. Since it was created January 1, 1983, the Employment Training Panel has committed $69.6 million to retrain 20,955 workers for jobs that more than 1,500 California employers need done so that the state's economy can continue to grow and prosper. This report describes the Panel's first 18 months of operation.


Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie Sep 1984

Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie

Innis Christie Collection

Under the Collective Agreement, the Company and the Union agreed "to provide safe working conditions, proper and adequate tools, equipment and protective devices". The Union argued that this provision required the Company to provide safety boots. Originally the Company had examined the issue and intended to provide each employee with one pair of safety shoes a year (prior to this, the Company had contributed towards the purchase of safety shoes). Based on the experience of another Company, it was decided not to provide shoes but to initiate a new policy of making a greater contribution to the cost of new …


Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden Sep 1984

Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.


Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch Sep 1984

Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch

West Virginia Law Review

No abstract provided.


Union Participation In Oshrc Hearings Sep 1984

Union Participation In Oshrc Hearings

Washington and Lee Law Review

No abstract provided.


Turnabout Toward Fair Play: The Nlrb's Revised Approach To Union Officer Superseniority Sep 1984

Turnabout Toward Fair Play: The Nlrb's Revised Approach To Union Officer Superseniority

Washington and Lee Law Review

No abstract provided.


Seniority Rights Vs. Racial Quotas, Neal Devins Aug 1984

Seniority Rights Vs. Racial Quotas, Neal Devins

Popular Media

No abstract provided.


Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review Aug 1984

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …


Customers, Coercion And Congressional Intent: Regulating Secondary Consumer Boycotts Under The National Labor Relations Act, Larry S. Bush Jun 1984

Customers, Coercion And Congressional Intent: Regulating Secondary Consumer Boycotts Under The National Labor Relations Act, Larry S. Bush

West Virginia Law Review

No abstract provided.


Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer May 1984

Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer

All Faculty Scholarship

A covenant not to compete is a contractual restriction upon an individual's ability to compete with another person or entity following the termination of some transaction or relationship between the two. Because of the increasing emphasis in the American economy on technically skilled employees and service oriented businesses, the covenant not to compete has become a standard addition to employment contracts. Moreover, the number of litigated and reported cases may represent only a small percentage of the actual number of employment restrictions currently in force. Regardless of their validity and enforceability, covenants not to compete chill the free movement of …


Fortieth Anniversary Of Steele And Tunstall, J. Clay Smith Jr. May 1984

Fortieth Anniversary Of Steele And Tunstall, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt May 1984

New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt

Michigan Law Review

Corporate governance has been discussed in Europe for over 150 years. Indeed, in the 1840's, when the first Corporation Act was enacted in Prussia, three troubling features of the corporate organization form had already been discerned: (I) the vulnerability of small investors who lacked the influence and sophistication to. control the corporation; (2) the risk to creditors and the public created by the limited liability of the corporation, especially when combined with inadequate funds and poorly controlled management; and (3) the power that big corporations could amass economically, by monopolizing markets, and politically, by exerting influence on public opinion and …


Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays May 1984

Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays

BYU Law Review

No abstract provided.


Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud May 1984

Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud

Dalhousie Law Journal

Analysis of the Charter and Its Application to Labour Law This paper: (1) lists the provisions of the Charter of Rights and Freedoms1 which may have relevance to labour law; (2) suggests a possible framework for analysis of the provisions, and; (3) applies the provisions and analysis to aspects of labour law.


Keeping Miners Out Of Work: The Cost Of Judicial Revision Of Arbitration Awards, Richard L. Trumka Apr 1984

Keeping Miners Out Of Work: The Cost Of Judicial Revision Of Arbitration Awards, Richard L. Trumka

West Virginia Law Review

No abstract provided.


Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun Apr 1984

Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun

West Virginia Law Review

No abstract provided.


Constitutional Law—Tenth Amendment Challenges To Federal Laws, Promulgated Under The Commerce Power, Which Regulate States, Gail Ponder Apr 1984

Constitutional Law—Tenth Amendment Challenges To Federal Laws, Promulgated Under The Commerce Power, Which Regulate States, Gail Ponder

University of Arkansas at Little Rock Law Review

No abstract provided.


Bowen V. United States Postal Service, ___ U.S. ___, 103 S. Ct. 588 (1983), Van Catterton Apr 1984

Bowen V. United States Postal Service, ___ U.S. ___, 103 S. Ct. 588 (1983), Van Catterton

Florida State University Law Review

Labor Law-APPORTIONMENT OF DAMAGES BETWEEN EMPLOYER AND UNION-THE SUPREME COURT'S RECESSION FROM "THE GOVERNING PRINCIPLE"