Law Commons^™

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.

The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

The Separate Judicial Opinion And Growth Of The Law: Holmes' Dissent In Vegelahn V. Gunter, Thomas P. Campbell Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen

University of Michigan Journal of Law Reform

This Article outlines an arbitration process which may be employed in individual employment contracts to achieve a fair disposition of disputes, with the maximum finality for an arbitration decision which is consistent with legal principles. Where finality is not possible, arbitration would be a condition precedent to formal legal processes. To assure fairness in the process, the employer would agree to pay the arbitrator's fee and the employee's attorney fees incurred in connection with the arbitration.

Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck

University of Michigan Journal of Law Reform

This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …

The Toxic Workplace Of The Child Farmworker, Arlene M. Hibschweiler

Buffalo Law Review

No abstract provided.

Discharge Of Supervisors Held Lawful Regardless Of Intended Effect On Employee Rights: Parker-Robb Overrules Pattern Of Conduct Theory, Daniel J. Venuti

Buffalo Law Review

No abstract provided.

Nlrb Treatment Of Personnel Under The Nlra

Washington and Lee Law Review

No abstract provided.

The Impact Of The New National Labor Policy On Public Sector Bargaining: The Unfinished Agenda, Arvid Anderson

Hofstra Labor & Employment Law Journal

No abstract provided.

Is There A New National Labor Policy? The Nlrb And The Courts - Views Of A Neutral, Edith Baum

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The 1980'S - Comments And Observations In The 1980'S - Comments And Observations, Harry Huge, Layne Carlough Mccarthy

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The 80'S: A Prospective Analysis, Stephen E. Tallent, Burton J. Fishman

Hofstra Labor & Employment Law Journal

No abstract provided.

The Impact Of Regulatory Reform On Labor Law: Redressing The Historical Balance, Malcolm R. Lovell Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

The Origins And Impact Of Deregulation , Wilbur Daniels

Hofstra Labor & Employment Law Journal

No abstract provided.

The Impact On Public Sector Collective Bargaining , R. Theodore Clark Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Subcontracting Agreements In The Construction Industry: Woelke & Romero "Frames" Connell, Jan Stiglitz

Hofstra Labor & Employment Law Journal

No abstract provided.

At-Will Employment: A Proposal For Its Statutory Regulation, Kurt H. Decker

Hofstra Labor & Employment Law Journal

No abstract provided.

The Effect Of The Multiemployer Pension Plan Amendments Act's Withdrawal Liability Rules On Collective Bargaining Relationships And Pension Administration, Carolyn Diane Gentile

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The Reagan Era: A Management Perspective, William C. Zifchak

Hofstra Labor & Employment Law Journal

No abstract provided.

The Polygraph In The Workplace, David E. Nagle

University of Richmond Law Review

The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.

Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney

Seattle University Law Review

This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.

Proving Title Vii Sex-Based Wage Discrimination After County Of Washington V. Gunther, Muriel Joyce Reynard

Cardozo Law Review

No abstract provided.

Union Liability In Fair Representation Suits, Robert L. Jones Jr.

Journal Articles

In 1976 Charles V. Bowen, a United States Postal Service employee requested that his union, the American Postal Workers initiate arbitration proceedings to prevent his employer from firing him over an alleged altercation with another employee. After the union refused Bowen sued both the Service for firing him and American Postal Workers for breaching its duty of fair representation. The case reached the U.S. Supreme Court, which held that a union that fails to properly represent an employee illegally fired from his job is liable for a portion of his lost wages. The Bowen decision poses a serious threat to …

Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette

University of Richmond Law Review

In Virginia, as elsewhere, employees are increasingly challenging the employer's decision to terminate the employment relationship. Consequently, the employer's time and resources are diverted from the operation of business to the defense of employee lawsuits. The probability and'risk of such litigation can be minimized if the employer, advised by his counsel, structures his employment con- tracts and relationships with an awareness of the legal consequences of his actions.

Diluting Relief Under Title Vii: Ford Motor Co. V. Equal Employment Opportunity Commission – Employment Offer Absent Retroactive Seniority Effective In Tolling Backpay, Laurie A. Lewis

Scholarly Articles

This Note will outline the historical trend of favoring an award of the most complete relief possible for victims of employment discrimination through a discussion of case law under title VII and the Labor Management Relations Act (LMRA). It will examine the Supreme Court's decision in Ford Motor Co. v. EEOC and suggest that the Court's imposition of a rigid rule upon lower courts to toll backpay liability reverses the trend. Finally, the Note will consider the impact of this rule upon future title VII litigants. It will conclude that while the rule may vindicate the rights of most victims, …

Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian

University of Richmond Law Review

Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …

The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.

Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky

Vanderbilt Journal of Transnational Law

This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.

Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …

Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld

Vanderbilt Journal of Transnational Law

U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.

Reviewed by David M. Helfeld

Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.

Reviewed by Robert N. Covington

Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.

Reviewed by Howard J. Taubenfeld

Book Reviews, Horace B. Robertson, Jr., W. David Slawson

Vanderbilt Journal of Transnational Law

The New Nationalism and the Use of Common Spaces: Issues in Marine Pollution and the Exploitation of Antarctica Edited by J. Charney Totowa, New Jersey: Allenheld Osmun, 1982.Pp. ix, 343.

Reviewed by Horace B. Robertson, Jr.

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Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.

Reviewed by W. David Slawson