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Articles 1 - 28 of 28
Full-Text Articles in Law
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
Adding Wage Theft As A Qualifying Crime In The U Visa Certification, Genesis Aguirre Guerra
University of the District of Columbia Law Review
Jose Lopez1 migrated to the United States without proper documentation. After he arrived, Mr. Lopez had several consecutive jobs as a line cook in various restaurants in Reno, Nevada. He started working at Casino restaurant. One day, Mr. Lopez noticed that his paychecks had not been reflecting the overtime hours he worked. Mr. Lopez approached his employer about his pay discrepancy. His employer told Mr. Lopez that he would pay for overtime the following week. The following week came, and the employer did not pay Mr. Lopez for his overtime hours. This continued for several weeks. Mr. Lopez confronted his …
Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia
University of Arkansas at Little Rock Law Review
No abstract provided.
The Fmla And Psychological Support: Courts Care About "Care" (And Employers Should, Too), Katherine Stallings Bailey
The Fmla And Psychological Support: Courts Care About "Care" (And Employers Should, Too), Katherine Stallings Bailey
Michigan Law Review
The Family and Medical Leave Act (“FMLA”) recognizes an employee’s right to take leave to care for a qualifying family member. In light of the Act’s remedial nature, the intended scope of the care provision is broad, but its definitional details are sparse. As a result of the attendant interpretive discretion afforded to courts, the Seventh Circuit announced its rejection of the requirement—first articulated by the Ninth Circuit—that care provided during travel be related to continuing medical treatment. A facial analysis of the resulting circuit split fails to appreciate the fundamental difference between the Seventh and Ninth Circuits’ considerations: the …
No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn
Sara Slinn
Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …
"What The Nlrb Giveth The Nlrb Taketh Away: Contrasting Views Concerning Graduate Student Unions", Richard J. Hunter Jr.
"What The Nlrb Giveth The Nlrb Taketh Away: Contrasting Views Concerning Graduate Student Unions", Richard J. Hunter Jr.
Richard J Hunter Jr.
This paper will discuss the status of efforts to unionize various types of graduate students, including teaching assistants, research assistants, and graduate assistants in light of two important NLRB precedents found in New York University and Brown University. The paper contains an introduction to labor law, including a discussion of the certification process, jurisdiction of the NLRB, the requirement of a "substantial showing of interest," establishment of bargaining units, and spacing of representation elections. The paper raises questions about the impact of these contrary rulings on the attempts to form a union by scholarship football players at Northwestern University in …
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Hands-Tied Hiring: How The Eeoc’S Individualized Assessment Is Taking Discretion Away From Employers’ Use Of Criminal Background Checks, Carrie Valdez
Cleveland State Law Review
This article argues that the 2012 EEOC Guidance should not be given deference by the courts. Specifically, the Guidance’s individualized assessment, which imposes a heightened requirement on employers to justify their background check policies, is problematic in three important ways. First, the individualized assessment places an impractical burden by what it requires and whom it requires to conduct such an assessment. Second, employer liability for negligent hiring may actually increase if employers perform individualized assessments. Finally, the practical effect of the individualized assessment may be decreased employer reliance on criminal background checks, and the result will likely not be a …
Victoria's Little Secret, Joe Lawless
Victoria's Little Secret, Joe Lawless
MICCSR Case Studies
This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.
No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn
Articles & Book Chapters
Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …
Reconsidering The Scope And Consequences Of Appellate Review In The Certification Decision Of Dukes V. Wal-Mart Stores, Inc. , Nicole Hitch
Reconsidering The Scope And Consequences Of Appellate Review In The Certification Decision Of Dukes V. Wal-Mart Stores, Inc. , Nicole Hitch
Cleveland State Law Review
This article will explore the Federal Rules of Civil Procedure and their application in the granting or denial of certification in an employment discrimination class action. In doing so, this article will examine how the district court applied these rules in the Wal-Mart action, which resulted in the certification of the largest private class action suit in American history. Additionally, this article will consider the consequences of the Ninth Circuit's utilization of permissive and liberal standards and, alternatively, the consequences of incorporation of stricter standards from various other circuit courts and the possible result of denial of certification.
Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie
Determination Of The Wishes Of The Majority Of The Employees In The Appropriate Bargaining Unit, Innis Christie
Innis Christie Collection
The notion that the wishes of employees with respect to certification should be ascertained primarily through a secret ballot vote hardly originated in Nova Scotia, having been adopted by the U.S. Wagner Act when it was first enacted. However, in the 1950's and 60's Canadian labour policy makers generally moved their labour legislation in the direction of enhancing the importance of "evidence" of union membership as the basis for certification, relegating the vote to secondary status, to be used only where the other evidence did not indicate clear majority support for the union or where employee petitions indicated a change …
Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie
Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 31, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie
United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie
Innis Christie Collection
On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …
Imp Manufacturing Employees Association V Imp Group Limited, Innis Christie
Imp Manufacturing Employees Association V Imp Group Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on May 18, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie
Association Of Commercial And Technical Employees, Local 1726, Canadian Labour Congress V New Moon Restaurant, Innis Christie
Innis Christie Collection
I wish to advise you that the Labour Relations Board (Nova Scotia) has granted the request of the Applicant to withdraw the Application for Certification filed with the Board in connection with the above-noted case on September 18, 1978.
Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie
Correction Officers Association Of Nova Scotia V Metropolitan Authority Of Halifax, Dartmouth And Halifax County, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on October 17, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie
United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on March 13, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North
Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North
Dalhousie Law Journal
In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; …
International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie
International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on August 10, 1977, pursuant to Section 29(3) of the Trade Union Act, for an Order declaring that the Respondent, Willow Contracting Limited, is bound by Certification Orders L.R.B. No.'s 771 and 301 and by the voluntary recognition of the Applicant by the Respondent Municipal Spraying and Contracting Limited in the 1977 collective agreement between them and in preceding collective agreements, and for an Order declaring that Willow Contracting Limited is bound by the current collective agreement between Municipal Spraying and Contracting Limited and …
Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie
Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 20, 1977 for revocation or variation of L.R.B. No. 440C by which the Respondent was certified as Bargaining Agent for a Bargaining Unit consisting of all employees of the Applicant engaged in the operation of cranes, bulldozers, trucks in excess of one ton capacity, and similar equipment, all those primarily engaged in the repairing and maintaining of same, but excluding all other employees, Foremen other than Working Foremen, and those equivalent to the rank of Foreman and above, Office Employees, and those employees excluded by Clauses (i) …
Richard V Hotel & Restaurant Employees & Bartenders International Union, Local 662, Innis Christie
Richard V Hotel & Restaurant Employees & Bartenders International Union, Local 662, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 12, 1973, for Revocation of L.R.B. No.1576, dated June 24, 1970, involving certain employees of Sir Loin Steak House Restaurant Limited formerly Cameo Soda Grill Limited, Halifax, Nova Scotia, pursuant to the Trade Union Act;
Canadian Union Of Building Products Workers, Local 299, Clc V Halliday Craftsmen Limited, Innis Christie
Canadian Union Of Building Products Workers, Local 299, Clc V Halliday Craftsmen Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on February 5, 1973, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Canadian Brotherhood Of Railway, Transport & General Workers, Local 610 V Chappell's Building Supplies Limited, Innis Christie
Canadian Brotherhood Of Railway, Transport & General Workers, Local 610 V Chappell's Building Supplies Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 4, 1973, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
The Nova Scotia Trade Union Act, 1972, Innis Christie
The Nova Scotia Trade Union Act, 1972, Innis Christie
Innis Christie Collection
The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.
International Union Of Operating Engineers, Local 721 V Acadia Road Contractors Limited, Innis Christie
International Union Of Operating Engineers, Local 721 V Acadia Road Contractors Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 14, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Labourers' International Union Of North America, Local 615 V Walker & Hall Limited, Innis Christie
Labourers' International Union Of North America, Local 615 V Walker & Hall Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 21, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Construction & General Labourers' Union, Local 1115 V Nova Construction Company Limited, Innis Christie
Construction & General Labourers' Union, Local 1115 V Nova Construction Company Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 27, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
International Brotherhood Of Painters & Allied Trades, Local 1439 V Maritime Painting & Decorating Limited, Innis Christie
International Brotherhood Of Painters & Allied Trades, Local 1439 V Maritime Painting & Decorating Limited, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on September 27, 1971, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Cleveland State Law Review
Disposition of funds upon a local's disaffiliation from the international union has been one of the most difficult problems for the courts to overcome in the field of Labor Law. The application of common law doctrines to a mobile field requiring flexible approaches posed many problems. Seemingly, a new theory had to be developed every time'a new situation arose since the courts were reluctant to consistently apply any one theory because of its undesirable results. This resulted in the development of six distinct doctrines: "implied condition" or "frustration of purpose," "local autonomy," "trust fund," "unclean hands," "certification" and "breach of …