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Articles 1 - 6 of 6
Full-Text Articles in Law
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Michigan Law Review
This Note evaluates these competing standards in light of the two major policy objectives of the NLRA: industrial stability and employee free choice. It concludes that the courts of appeals properly apply a less stringent standard. Part I considers employer polling in the larger context of the general law of employer interrogation. This section concludes that the Board's standard for postcertification polling deviates significantly from the general law of employer interrogation as well as the more specific rules established for precertification polling. The remainder of this Note demonstrates that the Board's distinctions between pre- and postcertification polling do not justify …
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
Articles
Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …
Judicial Deference To Collectively Bargained Pension Agreements: The Implicit Economics Of A Legal Standard, David Locke Hall
Judicial Deference To Collectively Bargained Pension Agreements: The Implicit Economics Of A Legal Standard, David Locke Hall
Hofstra Labor & Employment Law Journal
No abstract provided.
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Seattle University Law Review
Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …
The Viability Of The Collective Bargaining Process: Corporate Transformations As Unchanneled Bargaining Power, James B. Zimarowski
The Viability Of The Collective Bargaining Process: Corporate Transformations As Unchanneled Bargaining Power, James B. Zimarowski
Hofstra Labor & Employment Law Journal
No abstract provided.
Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly
Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly
Washington and Lee Law Review
No abstract provided.