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Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall May 2013

Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall

Pepperdine Law Review

Social media is an increasingly powerful platform for expression. In late 2009, the National Labor Relations Board began to address the extent to which unionized employees could make disparaging comments about their employers on social media websites. To date, the Board has persisted in treating Internet communications the same as traditional, face-to-face interactions between employees. Additionally, the Board continues to apply dated precedent to current social media cases. This Comment argues that the Board's present approach is inadequate to address the distinct qualities of social media and sets forth recommendations for alternate ways to evaluate employee speech.


"…And Women Must Weep" V. "Anatomy Of A Lie": An Empirical Assessment Of Two Labor Relations Propaganda Films, Thomas G. Field Jr., Juanita V. Field May 2013

"…And Women Must Weep" V. "Anatomy Of A Lie": An Empirical Assessment Of Two Labor Relations Propaganda Films, Thomas G. Field Jr., Juanita V. Field

Pepperdine Law Review

No abstract provided.


Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell May 2013

Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell

Pepperdine Law Review

No abstract provided.


Linden Lumber: The Demise Of Authorization Cards As A Means Of Establishing Majority Status , Wesley R. Harrison May 2013

Linden Lumber: The Demise Of Authorization Cards As A Means Of Establishing Majority Status , Wesley R. Harrison

Pepperdine Law Review

No abstract provided.


Book Review - Schlei And Grossman: Employment Discrimination Law, R. Wayne Estes May 2013

Book Review - Schlei And Grossman: Employment Discrimination Law, R. Wayne Estes

Pepperdine Law Review

No abstract provided.


Employer Unfair Practices Under California's Rodda Act And The Nlra: A Comparative Survey, H. Anthony Miller May 2013

Employer Unfair Practices Under California's Rodda Act And The Nlra: A Comparative Survey, H. Anthony Miller

Pepperdine Law Review

No abstract provided.


Recent Publications, Charles Mandel, Frank J. D'Oro May 2013

Recent Publications, Charles Mandel, Frank J. D'Oro

Pepperdine Law Review

No abstract provided.


Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr May 2013

Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr

Pepperdine Law Review

No abstract provided.


Trespassory Union Picketing On Private Property: Sears, Roebuck And Co. V. San Diego County District Council Of Carpenters - Bringing State Law To "No-Man's Land"?, Donald S. Jakubowski, Marni E. Byrum Feb 2013

Trespassory Union Picketing On Private Property: Sears, Roebuck And Co. V. San Diego County District Council Of Carpenters - Bringing State Law To "No-Man's Land"?, Donald S. Jakubowski, Marni E. Byrum

Pepperdine Law Review

No abstract provided.


Fringe Benefits, Proposed Section 84, And Tax Policy , Gregory M. Fowler Feb 2013

Fringe Benefits, Proposed Section 84, And Tax Policy , Gregory M. Fowler

Pepperdine Law Review

No abstract provided.


General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw Feb 2013

General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw

Pepperdine Law Review

No abstract provided.


Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore Feb 2013

Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore

Pepperdine Law Review

The development of a "status quo" for teacher bargaining unit certification was brought to an abrupt halt by the recent Supreme Court Yeshiva decision. The author, in agreement with the majority opinion, examines the development of this "status quo" and the cases leading up to and including the Supreme Court's determination that the Yeshiva faculty were managerial employees and thus exempt from coverage under the National Labor Relations Act. Also, the author illustrates the Supreme Court's unfavorable reaction to the National Labor Relations Board's cursory and inconsistent administrative decisions and opinions.


Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser Feb 2013

Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser

Pepperdine Law Review

The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …


Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii, Terence J. Bouressa Feb 2013

Bundy V. Jackson: Eliminating The Need To Prove Tangible Economic Job Loss In Sexual Harassment Claims Brought Under Title Vii, Terence J. Bouressa

Pepperdine Law Review

In the case of Bundy v. Jackson, the federal appellate court eliminated the need to prove tangible job loss in claims under Title VII relating to sexual harassment. The holding in Bundy thus promotes the viability of sexual harassment claims under Title VII and deters employers from engaging in subtle sexual harassment as "part of the job." The decision provides a model for the nation to follow in the pursuit of the worthy goal of eliminating sexual harassment in the workplace.


Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii Feb 2013

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.


A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner Feb 2013

A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner

Pepperdine Law Review

In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.


Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello Feb 2013

Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello

Pepperdine Law Review

The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. …


Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein Feb 2013

Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein

Pepperdine Law Review

Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. In Newport News Shipbuilding and Dry Dock Co. v. EEOC, the United States Supreme Court extended the scope of the Act to include not only female employees, but also female dependents of male employees. The author examines the Supreme Court's analysis of and the legislative intent behind the Pregnancy Discrimination Act and explores the future impact of the decision.


Equal Employment Opportunity Commission V. Wyoming: Appomattox Courthouse Revisited , Richard M. Stephens Feb 2013

Equal Employment Opportunity Commission V. Wyoming: Appomattox Courthouse Revisited , Richard M. Stephens

Pepperdine Law Review

A highly divided Court again addressed the relatively new doctrine in constitutional law: state exemption from federal regulations due to the concept of federalism. Although the Court applied the tests from National League of Cities v. Usury and its progeny, the Court reached a different result which, without expressly overruling that controversial case, severely limited National League of Cities to its facts. The hope of modern states' rights advocates proved to be short lived.


Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar Jan 2013

Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar

Pepperdine Law Review

The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.


N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner Jan 2013

N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner

Pepperdine Law Review

With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.


Striking A Balance Among Illegal Aliens, The Ina, And The Nlra: Sure-Tan V. Nlrb, Carl M. Howard Jan 2013

Striking A Balance Among Illegal Aliens, The Ina, And The Nlra: Sure-Tan V. Nlrb, Carl M. Howard

Pepperdine Law Review

Since 1943, the National Labor Relations Board has extended rights guaranteed to employees under the National Labor Relations Act to illegal aliens. In Sure-Tan v. NLRB, the United States Supreme Court for the first time reviewed this practice, approving it and noting that reporting illegal alien employees to the Immigration and Naturalization Service (INS) might constitute an unfair labor practice. Awarding a remedy of back pay was, however, improper as speculative. The author examines the Supreme Court's analysis of the decision and explores its future impact.


Right To Restrain Versus Right To Refrain: An Examination Of Pattern Makers' League Of North America V. Nlrb, Lawrence M. Burek Jan 2013

Right To Restrain Versus Right To Refrain: An Examination Of Pattern Makers' League Of North America V. Nlrb, Lawrence M. Burek

Pepperdine Law Review

No abstract provided.


Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks Jan 2013

Nlra Preemption Of State Common Law Wrongful Discharge Claims: The Bhopal Brigade Goes Home , Joseph R. Weeks

Pepperdine Law Review

No abstract provided.


Advice To California Employers: An Overview Of Wrongful Discharge Law And How To Avoid Potential Liability, Teresa Howell Sharp Jan 2013

Advice To California Employers: An Overview Of Wrongful Discharge Law And How To Avoid Potential Liability, Teresa Howell Sharp

Pepperdine Law Review

No abstract provided.


Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris Jan 2013

Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris

Pepperdine Law Review

No abstract provided.


Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan Jan 2013

Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan

Pepperdine Law Review

No abstract provided.


The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner Jan 2013

The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner

Pepperdine Law Review

No abstract provided.


Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon Jan 2013

Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon

Pepperdine Law Review

No abstract provided.


Employment Privacy Law For The 1990'S, Kurt H. Decker Jan 2013

Employment Privacy Law For The 1990'S, Kurt H. Decker

Pepperdine Law Review

No abstract provided.