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Labor and Employment Law

1989

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Articles 31 - 60 of 110

Full-Text Articles in Law

Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir Apr 1989

Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir

Michigan Law Review

This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …


Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien Apr 1989

Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien

Faculty Scholarship

More than a decade after the publication of Law and Reality, the debate continues over the proper scope of election campaign regulation under the National Labor Relations Act (the "Act"). The issue has been whether employer efforts to dissuade employees from electing a union to represent them in collective bargaining actually influence the outcomes of elections. Several academic lawyers and social scientists have criticized one aspect or another of the Getman, Goldberg and Herman results (hereinafter the "Getman Study"), suggesting that many employer tactics have no effect on election outcomes, and that such tactics should not be regulated by …


Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty Apr 1989

Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty

Osgoode Hall Law Journal

In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …


Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell Apr 1989

Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen Apr 1989

Comments On David Krell's "Lucinde's Shame: Hegel, Sensuous Woman, And The Law", Frances Olsen

Cardozo Law Review

No abstract provided.


Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr. Mar 1989

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 Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr. Mar 1989

The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Utah's New Mechanics' Lien Statute: Clarification For The Oil And Gas Industry, Alan A. Enke Mar 1989

Utah's New Mechanics' Lien Statute: Clarification For The Oil And Gas Industry, Alan A. Enke

Brigham Young University Journal of Public Law

No abstract provided.


In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian Mar 1989

In The 1990'S The Government Must Be A Reasonable Person In Its Workplaces: The Discretionary Function Immunity Must Be Trimmed, Victor E. Schwartz, Liberty Mahshigian

Washington and Lee Law Review

No abstract provided.


The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer Mar 1989

The Crisis Of Private Law Its Not An Ideal Situation, Kenneth Casebeer

Cardozo Law Review

No abstract provided.


The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer Mar 1989

The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer

BYU Law Review

No abstract provided.


Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell Mar 1989

Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell

BYU Law Review

No abstract provided.


Hegel And The Dialectics Of Contract, Michel Rosenfeld Mar 1989

Hegel And The Dialectics Of Contract, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin Feb 1989

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

All Faculty Scholarship

No abstract provided.


Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb Feb 1989

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.


Employer Defamation: The Role Of Qualified Privilege, Pamela G. Posey Feb 1989

Employer Defamation: The Role Of Qualified Privilege, Pamela G. Posey

William & Mary Law Review

No abstract provided.


Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl Feb 1989

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.


Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman Feb 1989

Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman

Michigan Law Review

Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …


United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg Jan 1989

United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein Jan 1989

Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein

Hofstra Labor & Employment Law Journal

No abstract provided.


Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine Jan 1989

Judicial Backpedaling: Putting The Brakes On California's Law Of Wrongful Termination, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.


Employment Discrimination And The Reconsideration Of Runyon, Lee Modjeska Jan 1989

Employment Discrimination And The Reconsideration Of Runyon, Lee Modjeska

Kentucky Law Journal

No abstract provided.


Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl Jan 1989

Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl Jan 1989

Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Vol. 6, No. 1, Randi Hammer Abramsky, Hans Dekok Jan 1989

Vol. 6, No. 1, Randi Hammer Abramsky, Hans Dekok

The Illinois Public Employee Relations Report

Contents:

Review of Arbitration Awards under the Illinois Public Labor Relations Act: A Look at AFSCME v. Department of Mental Health, by Randi Hammer Abramsky

Public Sector Fair Representation Claims in Illinois, Hans DeKok

Further References


Reports, Awards, And Opinions 1989-1, Eric J. Schmertz Jan 1989

Reports, Awards, And Opinions 1989-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of American Airlines, the Boston Edison Company, BOCES Staff Association, an members of Local No. 270, Utility Workers Union of America, AFL-CIO, among others.


Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke Jan 1989

Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke

Penn State International Law Review

Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.


Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross Jan 1989

Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.


Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley, Randal M. Reaves, Paul A. Simpson Jan 1989

Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley, Randal M. Reaves, Paul A. Simpson

University of Richmond Law Review

This survey covers judicial and legislative developments in Virginia employment law between June 1988 and June 1989. The survey does not address judicial and legislative developments in the areas of workers' compensation or unemployment compensation.


Comments: Public Policy And Preemption: Union Employees' State Wrongful Discharge Actions, Marlene Lange Budd Jan 1989

Comments: Public Policy And Preemption: Union Employees' State Wrongful Discharge Actions, Marlene Lange Budd

University of Baltimore Law Review

No abstract provided.