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Full-Text Articles in Law
Pitfalls Of Fmla And Collective Bargaining Agreements, Karin Mika
Pitfalls Of Fmla And Collective Bargaining Agreements, Karin Mika
Law Faculty Articles and Essays
Mika discusses union contracts and how employers must be aware of family and medical leave rights when applying contract provisions.
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Cleveland State Law Review
This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order …
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Cleveland State Law Review
In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Cleveland State Law Review
We have relied so completely on collective bargaining that we have given almost no thought to other ways of moving toward the goal of industrial democracy. Indeed, there is almost an instinctive reaction to any suggestions of alternatives. We must now face the unwelcome fact that collective bargaining is incomplete, and we must fill the places it has not reached. This article has presents not so much proposals to be adopted, but possibilities to be explored. The purpose here is not to reach conclusions, but to urge a beginning.
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Cleveland State Law Review
The Norris-LaGuardia Act was enacted in 1932 to curb the unbridled use of the federal injunction as a remedy in labor-management disputes. After enactment of the Norris-LaGuardia Act, labor unions grew and gained substantial collective bargaining power. Congressional policy then shifted to encouraging the effective enforcement of collective bargaining agreements between employers and unions. Subsequent to enactment of the LMRA, the no-strike obligation and arbitration procedures became standard bargained-for provisions. However, Judges soon refused to enjoin strikes in alleged violation of no-strike clauses, basing their decisions on the force of section 4. Employers contended that the more recent section 301 …
Public Employees' Right To Strike, Marc J. Bloch
Public Employees' Right To Strike, Marc J. Bloch
Cleveland State Law Review
In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Cleveland State Law Review
BOOM BACKLASH made recent headlines in the May 26th issue of The Wall Street Journal. The sub-heading, "Efficiency Falls and Pay Training Costs Increase as Labor Supply Shrinks" delves into the heart of industrial engineering. This represents, also, an expansive and enigmatic economic problem which is now confronting employers in northern Ohio and western Pennsylvania. It is the job of the industrial engineer to deal with the resulting problems of decreased productivity, contract erosion, and unbalanced labor relations.
Hospitals, Unions, And Strikes, Glenn E. Billington
Hospitals, Unions, And Strikes, Glenn E. Billington
Cleveland State Law Review
In April 12, 1967, the majority of the non-professional employees of St. Luke's Hospital of Cleveland, Ohio, members of Local 47, Building Service and Maintenance Union, walked off their jobs and set up picket lines across the entrance of the Hospital. In addition to bringing into the limelight the extremely poor working conditions in modern non-profit hospitals, the strike also pointed out a serious shortcoming of the law in Ohio and most other states. Before we can fully understand the problems of employees in non-profit hospitals, it is useful to briefly review the history of the modern hospital.
The Runaway Shop, Michael Frenkel
The Runaway Shop, Michael Frenkel
Cleveland State Law Review
One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …