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A Bargaining Analysis Of American Labor Law And The Search For Bargaining Equity And Industrial Peace, Kenneth G. Dau-Schmidt

Michigan Law Review

In this article, I present an alternative economic analysis of unions and collective bargaining that utilizes recent advances in labor economics and some simple applications of game theory to address the deficiencies of the traditional monopoly model.

The article proceeds in four parts. In Part I, I provide a brief primer on the economic analysis of unions and collective bargaining. I discuss the various possible sources of union wage increases, possible employer responses to union wage demands, and alternative models of the costs of collective bargaining. In Part II, I outline the traditional monopoly theory of unions by combining the …

The Impact Of Federal Labor Policy On The Americans With Disabilities Act Of 1990: Collective Bargaining Agreements In A New Era Of Civil Rights, David S. Doty

BYU Law Review

No abstract provided.

Labor Certification: Six Different Ways And Reasons For Establishing Dissimilarity Between Two Employment Positions, Lorna Rogers Burgess

San Diego Law Review

In alien employment certification and labor condition attestation, a distinction between two jobs must be established if an alien's previous experience with the same employer is to be used as a qualifying credential in labor certification. Two jobs must also be distinguished when challenging a state wage determination. A successful challenge often requires establishing a dissimilarity between the job offered and those to which it is compared. What makes two jobs different in these circumstances is difficult to determine. This Article explores the methodology applied by the Department of Labor in distinguishing between jobs in contexts including utilization of an …

You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison

University of Michigan Journal of Law Reform

The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …

In-House Counsel's Wrongful Discharge Action Under The Public Policy Exception And Retaliatory Discharge Doctrine, Raymis H.C. Kim

Washington Law Review

Most courts hold that in-house counsel have no cause of action under public policy or retaliatory discharge exceptions to the at-will employment rule. This is true even when they are discharged in contravention of a clearly mandated public policy. These courts have rationalized that such recognition would be contrary to the at-will nature of attorney-client employment and would have an adverse effect on the attorney-client relationship. This Comment proposes that courts should extend the public policy exception and retaliatory discharge doctrine to in-house counsel to protect the public from illegal corporate acts and provide relief to in-house counsel.

Dulling A Needle: Analyzing Federal Employment Restrictions On People With Insulin-Dependent Diabetes, Mark L. Bayler

Indiana Law Journal

No abstract provided.

Fetal Hazards, Gender Justice, And The Justices: The Limits Of Equality, David L. Kirp

William & Mary Law Review

No abstract provided.

Deterring Egregious Violations Of Public Policy: A Proposed Amendment To The Model Employment Termination Act, Dawn S. Perry

Washington Law Review

The Model Employment Termination Act (Model Act), if enacted by state legislatures, would provide good cause protection to private sector employees. In exchange for this increased job security, the Model Act limits the range of remedies available for wrongful discharges. This Comment compares the remedies available under common law to those embodied in the Model Act and concludes that the Model Act does not adequately deter abusive discharges in violation of public policy. By amending the Model Act to include a capped punitive damages provision for egregious violations of public policy, state legislatures can achieve deterrence without undermining the compromise …

An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman

Michigan Law Review

This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …

Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich

Penn State International Law Review

No abstract provided.

Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey

BYU Law Review

No abstract provided.

Injunctive Relief For Constitutional Violations: Does The Civil Service Reform Act Preclude Equitable Remedies?, Elizabeth A. Wells

Michigan Law Review

This Note argues that the federal courts retain power to furnish equitable relief for constitutional violations to ensure adequate protection of federal employees' rights. Statutory procedures and remedies available under the Civil Service Reform Act of 1978 (CSRA) and related legislation should preempt judicially created equitable relief only where the government or federal agency affirmatively demonstrates that these procedures are constitutionally sufficient. Part I canvasses the current lower court response to the question of preclusion and notes the various routes taken by the courts in inferring congressional intent to preempt. This Part discusses varying interpretations of the Civil Service Reform …

Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan

Osgoode Hall Law Journal

The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.

Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown

Osgoode Hall Law Journal

The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …

Labor Law, David P. Phippen, Regine N. Zuber

Mercer Law Review

This Article examines significant decisions issued during 1991 by the United States Court of Appeals for the Eleventh Circuit in the areas of traditional labor law and employee benefits. More specifically, the cases addressed include noteworthy decisions under the National Labor Relations Act ("NLRA"), the Labor-Management Relations Act ("LMRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

Book Review, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Review of the following: ELAINE DRAPER, Risky BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]

Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy

University of Michigan Journal of Law Reform

In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …

Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick

University of Michigan Journal of Law Reform

We would first like to respond to one aspect of Levy's Article before discussing our proposal. Levy seems to argue as a general matter that "joint committee" determinations should not receive the same deference as arbitral resolutions. After establishing some of the basic analytic parameters in Part I of this Response, we argue in Part II that Levy's distinction between joint committees and arbitral resolutions has no relevance to disputes concerning contractual rights, and is useful only in the context of disputes concerning statutory rights. In Part III, we outline a framework for analyzing internal union review procedures that will …

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.

Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen

West Virginia Law Review

No abstract provided.

A Matter Of Trust: Institutional Employer Liability For Acts Of Child Abuse By Employees, Jessica Lynch

William & Mary Law Review

No abstract provided.

Reflections On Labor Law Scholarship And Its Discontents: The Reveries Of Monsieur Verog, Matthew W. Finkin

University of Miami Law Review

No abstract provided.

Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler

Michigan Law Review

A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky

Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross

Michigan Law Review

A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor

Which Side Are You On?: Trying To Be For Labor When It's Flat On Its Back, John Edward Connelly

Michigan Law Review

A Review of Which Side Are You On?: Trying to Be for Labor When It's Flat on Its Back by Thomas Geoghegan

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.

Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii

Florida State University Law Review

No abstract provided.