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Reports, Awards, And Opinions 1983-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of E.I. DuPont deNemours and Company and FDR Veterans Hospital, among others.

Kremer V. Chemical Construction Corp.: Federal-State Comity In Employment Discrimination, John Noell

Loyola University Chicago Law Journal

No abstract provided.

Mischaracterizations Of The Board And Its Processes: The Aftermath Of Midland And Riveredge, Jeffrey M. Schlossberg

Hofstra Labor & Employment Law Journal

No abstract provided.

Teachers' Union And Employment Rights: A Survey Of West Virginia Law, William B. Flanigan

West Virginia Law Review

No abstract provided.

The Employee's Right To Representation During Employer Investigatory Interviews: A Critical Analysis Of The Evolution Of Weingarten Principles, David L. Gregory

Villanova Law Review (1956 - )

No abstract provided.

An Alternative To The Traditional Rulemaking Process: A Case Study Of Negotiation In The Development Of Regulations, Robert L. Sachs Jr.

Villanova Law Review (1956 - )

No abstract provided.

Secondary Consumer Boycotts Under The Nlra's Publicity Proviso, Macia Organ

Loyola University Chicago Law Journal

No abstract provided.

Employee Solicitation Rights In The Health-Care Industry - A Proposal For Change, Michael A. Curley

Villanova Law Review (1956 - )

No abstract provided.

Withdrawal Of Recognition From An Incumbent Union Under The National Labor Relations Act: An Appraisal, Douglas E. Ray

Villanova Law Review (1956 - )

No abstract provided.

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal 4 and state levels, 5 none of these bills have been sufficiently comprehensive to provide optimal relief. Moreover, those commentators who have called for a statutory remedy have failed to explain precisely what the mechanism for dispute resolution should be, or how it should operate. 6 This Note, therefore, proposes a model statute utilizing mediation-arbitration to provide consistent, informal, and economical protection for at-will employees. Part I explores the development of the at-will rule and the deficiencies of current …

Introduction, Clyde W. Summers

University of Michigan Journal of Law Reform

Ten years ago a symposium on the subject of employment at will would have been unthinkable. There would have been few commentators willing to write on the subject, and few others interested in reading about it. The misbegotten legal doctrine was mechanically, and at times brutally, applied by the courts but was seldom examined or questioned. It was one of our inherited legal curses which we mindlessly accepted.

The symposium speaks to the task ahead - to use every legal device available to sweep away the remnants of the employment-at-will doctrine and bring a measure of freedom, respect, and dignity …

A Right Of Fair Dismissal: Enforcing A Statutory Guarantee, Janice R. Bellace

University of Michigan Journal of Law Reform

Support for the concept that employees should be protected against wrongful dismissal continues to grow in this country. Yet, many advocates of protection have thus far refrained from venturing into the legislative arena. Even though the movement to achieve this protection is still at an early stage, it is not too soon to focus on specific proposals designed to translate ideals into protections. By failing to coalesce behind a single proposal, supporters have retarded the progress of the movement. Without a proposal for specific legislation, supporters lack a rallying point and legislators have nothing concrete to debate. This Article attempts …

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …

Protection Against Unjust Discharge: The Need For A Federal Statute, Jack Stieber, Michael Murray

University of Michigan Journal of Law Reform

We argue that only a federal statute can fully protect American workers from the harsh consequences of the employment-at-will rule. Part I of this Article outlines the nature and scope of the problems caused by the at-will doctrine. Part II surveys a variety of potential solutions to these problems - unionism, voluntary internal grievance mechanisms, existing statutes, the Constitution, and judicially created exceptions to the at-will rule - and finds each an inadequate source of protection. The final Part urges the enactment of a federal statute to protect all American workers from unjust dicharge and sets out several substantive criteria …

Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley

University of Michigan Journal of Law Reform

Occupational safety would be greatly enhanced if employees had a viable option of refusing to work under unsafe conditions without risking their jobs. This Note proposes a public policy exception to the employment-at-will doctrine that would give a cause of action to an employee discharged for refusing to work under unsafe conditions. Part I examines the employment-at-will rule and its recognized exceptions. Part II analyzes the inadequacies of existing statutory remedies for a discharged employee who refused to work under unsafe conditions. Finally, Part III proposes an alternative remedy: providing a common-law exception to the employment-at-will rule that will give …

Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully

University of Michigan Journal of Law Reform

This Note advocates an implied contract analysis that both satisfies contractual requirements and protects the reasonable expectations of employees and employers. Part I describes the various reliance interests that employees bring to their jobs, the employer inducements that cause this reliance, and the business benefits that accrue when employees rely upon these inducements. Part II examines in detail judicial reluctance to enforce either these reliance interests or employer promises as contract rights under the at-will doctrine. Part II also urges the increased use of modern contract theories such as promissory estoppel, quasi-contract, and implied contract to protect employee reliance interests …

The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben

Scholarly Works

Two decades after the once fiery debate about the meaning of "discrimination" in employment under Title VII of the Civil Rights Act of 1964, the issue has recently been rekindled. In simplest form, the question is whether the type of discrimination statutorily prohibited is only purposeful exclusions, or whether it includes unintended exclusions caused by tests or requirements that disproportionately affect a group defined by race, sex, or ethnicity. The Supreme Court's decision in Griggs v. Duke Power Co. resolved the question in one major area, thus causing the issue to lie dormant since 1971. Griggs held that liability under …

Glass V. Stahl Specialty Company: Reconciling Third Party's Contribution Rights With Employer's Immunity Under Workers' Compensation, Karin Nyrop

Seattle University Law Review

This note argues that the correct resolution of the tension between the employer’s immunity and the third party’s right of contribution requires balancing the interests of all parties. The employer has an interest in retaining the workers’ compensation law’s exclusive no-fault recovery system; the third party tortfeasor seeks to avoid shouldering the entire liability of another at-fault tortfeasor capable of contribution. At the same time, the employee has a right to full and speedy compensation, and the state has an interest in maintaining the financial stability of its accident fund. This note explores the policies and legal arguments supporting the …

Labor Law - Employer Violates Sections 8(A)(3) Of Nlra If Employee Would Not Have Been Discharged But For Union Activity - Burden Of Persuasion Remains With Employee, Diane Madenci

Villanova Law Review (1956 - )

No abstract provided.

The Service Contract Act Of 1965: Time To Revise Or Repeal, Beverly Hall Burns

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Concerted Activities Under Section 7 Of The National Labor Relations Act - A Nonunion Employee Has A Right To The Presence Of A Co-Worker Witness At An Investigatory Interview Where The Employee Reasonably Believes That Discipline Will Result, Scott R. Thistle

Villanova Law Review (1956 - )

No abstract provided.

Editor's Preface, Jeffrey A. Markowitz

Villanova Law Review (1956 - )

No abstract provided.

Foreword To The Developing Labor Law: The Board, The Courts, And The National Labor Relations Act, Theodore J. St. Antoine

Other Publications

Over a dozen years ago, while I was serving as Secretary of what was then styled the Section of Labor Relations Law, I had a ringside seat at the production of the first edition of THE DEVELOPING LABOR LAW. I remember counting myself thrice blessed. I had no role whatsoever to play in the impossible task Charlie Morris had undertaken. Yet if by some miracle he succeeded, I could join my fellow Council members in taking due credit for our sagacity in sponsoring such an ambitious and imaginative project. And as a teacher and researcher, I would have available a …

Fearful Asymmetry: Employee Free Choice And Employer Profitability In First National Maintenance, Richard Litvin

Indiana Law Journal

No abstract provided.

The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.

Law Faculty Scholarship

No abstract provided.

The Negotiability Of Parity Agreements In Public Sector Collective Bargaining, Susan P. Kass

Fordham Urban Law Journal

The City of Schenectady and City Fire Fighters Union, Local 28, which resulted in the first decision that parity clauses are not invalid per se, recognized that some parity clause arrangements can allow the employer and one or more unions to plan and execute long-range agreements; Two or more unions can agree among themselves that one union can implicate the others in a parity arrangement. This Note discusses the effect of on the negotiability of parity clauses in public sector employment contracts. The New York State "Taylor Law" governing public employees, and the New York courts' analysis of parity clauses …

The Recognition Of Public Policy Exceptions To The Employment-At-Will Rule: A Legislative Function?, John Degiuseppe, Jr.

Fordham Urban Law Journal

Recent developments concerning the application of the employment-at-will rule demonstrate that courts are reluctant to recognize exceptions to the rule based on considerations of public policy in the absence of a legislative mandate. Jurisdictions, including New York, have declared that the recognition of a cause of action in tort for abusive discharge should be a function of the state legislature. Further, courts have been unwilling to imply private causes of action to protect the rights of employees under federal and state law. While certain "whistle-blower" and unjust dismissal legislation has had limited success in other jurisdictions, courts could become more …

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Book Review: Assault On The Worker: Occupational Health And Safety In Canada By Charles E. Reasons, Lois L. Ross And Craig Paterson, Eric M Tucker

Articles & Book Chapters

No abstract provided.