Law Commons^™

Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith

University of Michigan Journal of Law Reform

This Article will consider some of the controversial sections of the INA and the impact of the pending immigration legislation. Part I considers the labor certification requirement, a prerequisite for third and sixth preference immigrants. This Part concludes that clarification of the division of authority between the Attorney General and the Secretary of Labor, and of the intent of aliens to keep their certified jobs, would be desirable. Part II analyzes the requirements an alien must meet to adjust status to one, of the occupational preferences. The statutory refusal to adjust status of aliens who accept ''unauthorized employment" must be …

Workers' Compensation In Michigan: Costs, Benefits And Fairness: A Report To Governor James J. Blanchard's Cabinet Council On Jobs And Economic Development From Theodore J. St. Antoine, Special Counselor On Workers' Compensation, Theodore St. Antoine

Other Publications

On September 14, 1983, Governor James J. Blanchard issued the following statement and charge in appointing Theodore J. St. Antoine as Special Counselor on Workers' Compensation:

In the past two decades, workers' compensation has been the subject of much discussion and debate among all segments of the industrial community and the several branches of state government in Michigan. During this period, three separate commissions have engaged in extensive analysis of the Michigan Workers' Compensation Law. In 1980, and again in 1981, substantial amendments were added to the statute. Nonetheless, the controversy over this system continues.

Important and deserving interests are …

Employment, James B. Stoneking

West Virginia Law Review

No abstract provided.

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

Articles

The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.

Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller

Michigan Journal of International Law

The foreign labor which made possible Western Europe's postwar economic growth has become a permanent, if belatedly recognized, component of the region's labor markets. Technological change and new industrial policies stressing efficiency, skilled labor, and rationalization threaten foreign workers, raising complex and important issues of law and social policy in the debate over labor's role in industrial policy. These changes already have resulted in grave problems which make agreement and clarification of the rights of foreign workers in national and international law a matter of considerable urgency.

Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey

Michigan Journal of International Law

Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …

Teacher Incompetency Dismissals In Illinois: The Need For Defined Standards, 17 J. Marshall L. Rev. 849 (1984), James A. Roth

UIC Law Review

No abstract provided.

Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman

Fordham Urban Law Journal

The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …

Representational Rights Of Security Guards Under The National Labor Relations Act: The Need For A Balancing Of Interests, Vivian A. Rattay

Fordham Urban Law Journal

The private security industry is experiencing great prosperity. Despite the job opportunities in the industry, however, there are various problems endemic to employment as a security guard. Wages are usually low and risks can be high. While union membership has increased among security guards, collective bargaining has been unsuccessful in alleviating the occupation's problems. Section 9(b)(3) of the National Labor Relations Act specifically prevents the Board from finding a unit appropriate if it includes both guards and non-guards. This section cannot be applied properly without first considering the Act's overall policies and Congress' specific intention in passing this section. Meanwhile, …

Biological Monitoring: The Employer's Dilemma, Frances H. Miller

Faculty Scholarship

The industrial workplace contains many potential health hazards that not only can cause great harm to workers, but also can destroy the employers’ economic stability. Often these hazards are documented and dealt with, but frequently they are unknown. When health-conscious employers monitor the physical well-being of their employees in an effort to avoid the terrible personal and economic costs these hazards can produce, they may be supplying their employees with the documentation necessary to recover financially for their industrial illnesses.

This Article analyzes this dilemma confronting employers. It describes the many factors employers must consider when deciding whether to institute …

The Consumer's Emerging Right To Boycott: Naacp V. Claiborne Hardware And Its Implications For American Labor Law, Michael C. Harper

Faculty Scholarship

Hard cases do not always make bad law. Sometimes, when confronted with records that will yield neither to the direct application of established legal principles nor to factual manipulation, courts articulate, or at least suggest, a new principle which should and often does refine a body of old law. The Supreme Court's decision in NAACP v. Claiborne Hardware Co." should become a prominent and salutary example of such hard cases. Before Claiborne Hardware, the Court had indicated that legislatures, for rational economic policy reasons, could make peaceful consumer boycotts illegal.' Confronted with compelling facts in the Claiborne Hardware …

The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham

Fordham Urban Law Journal

Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …

Challenges To Employment Testing Under Title Vii: Creating "Built In Headwinds" For The Civil Service Employer, Ellen Zweig

Fordham Urban Law Journal

Since the Supreme Court held in Griggs that Title VII of the Civil Rights Act of 1964 prohibits employers from using employment selection systems which are not job-related or which act as "built in headwinds" for minorities, employment tests have been subject to more challenges in courtrooms. Since Griggs, courts have presumed employment tests challenged pursuant to Title VII to be invalid once the plaintiffs establish that the tests produce an adverse impact upon minorities. However, these courts have not suggested many alternative methods of testing and those that have been suggested are generally unworkable for employers who must comply …

Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs

Articles & Book Chapters

This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

The Bildisco Case And The Congressional Response, James J. White

Articles

Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

Articles

Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …

Editor's Note

Hofstra Labor & Employment Law Journal

No abstract provided.

Health Care Unit Determinations: The Board Ignores The Mandate Of Congress And The Courts Of Appeals, Michael A. Curley

Hofstra Labor & Employment Law Journal

No abstract provided.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon

Cleveland State Law Review

Congress has prohibited discrimination in employment by enacting Title VII of the 1964 Civil Rights Act. Section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority. The purpose of Title VII was "the prevention of unlawful employment discrimination and the amelioration and elimination of the effects of past discrimination." To this end, the courts historically have looked at the "effects" of discrimination rather than the "intent" to discriminate, when analyzing a Title VII violation. Recently the Supreme Court, in American Tobacco Co. v. Patterson, has required a showing of intent to …

Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel

Cleveland State Law Review

Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …

Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen

Faculty Scholarship

The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …

The Plant Closure Policy Dilemma: Labor, Law And Bargaining, Wayne R. Wendling

Upjohn Press

Examines the role of collective bargaining in plant closings.

Attorneys' Fees, The Nlrb, And The Equal Access To Justice Act: From Bad To Worse, Risa L. Lieberwitz

Hofstra Labor & Employment Law Journal

No abstract provided.

Ten Years After: A Legal Framework Of Collective Bargaining In The Hospital Industry, Michael J. Stapp

Hofstra Labor & Employment Law Journal

No abstract provided.

Clarification Of Title Iv Of The Labor-Management Reporting And Disclosure Act:Toward More Democratic Elections, Pamela J. Fitton

Hofstra Labor & Employment Law Journal

No abstract provided.

Transportation Management: The Validation Of Wright Line, Peter G. Albert

Hofstra Labor & Employment Law Journal

No abstract provided.

Bowen V. United States Postal Service: The Duty Of Fair Representation Becomes A Burden, Paul Lansing, Brian W. Peters

Hofstra Labor & Employment Law Journal

No abstract provided.

Resolving The Problem Of Undocumented Workers In American Society: A Model Guest Worker Statute, Marjorie E. Powell

University of Michigan Journal of Law Reform

This Note argues that a temporary foreign worker program is needed to alleviate the effects of illegal immigration. Part I describes the problems that illegal aliens present and discusses the interests of the groups affected by their presence in the United States. Part II discusses the inability of forced repatriation, amnesty, closing the border, or employer sanctions to satisfy these interests. Part II also discusses the undesirability of ignoring the problem of illegal aliens. Part III explains how a program for admission of temporary foreign workers best meets the interests of domestic employers, domestic and foreign workers, sending countries, and …