Law Commons^™

Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman

Northwestern Journal of International Law & Business

Part I of the Comment examines the Russian trade boycott, and compares the boycott to ILA protest activity over the past three decades. The survey of protest boycotts demonstrates the wide range of business interests disrupted by union conduct and the extent to which such activities may undermine American foreign policy. Part II analyzes whether the National Labor Relations Board (NLRB or Board) may assert jurisdiction over protest boycotts. The jurisdictional reach of the NLRA will be explored with emphasis upon a line of Supreme Court decisions involving foreign-flag vessels. Particular criticism will also focus upon the Fifth Circuit's recent …

Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani

Fordham Urban Law Journal

The 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LWHCA) greatly increased the maximum benefits to be paid to an injured longshoreman by the shipowner and, nullifying two Supreme Court decisions, permitted an injured longshoreman to maintain an action against a shipowner premised upon the "unseaworthiness" of the shipowner's vessel. A finding of "unseaworthiness" would render the shipowner fully liable for any injuries that occurred. As a result of the 1972 Amendments, section 905(b) of the LHWCA provides that an injured longshoreman" can recover damages against a shipowner only upon a showing of negligence. This article identifies and …

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

A Victory For Comparable Worth: Iue V. Westinghouse Electric Corp., Alice A. Joseffer

Buffalo Law Review

No abstract provided.

Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra

Vanderbilt Journal of Transnational Law

As the Linskey court noted, the existence of employment exemption provisions in over thirty commercial treaties, if liberally construed, would create a loophole in Title VII enforcement. Given the ever-increasing number of United States employees of foreign-owned corporations, liberal treaty constructions could decrease the scope of Title VII.

Nevertheless, the effect on international commerce must be considered. Although equal employment opportunity is a laudable goal, this goal may conflict with the values of other cultures, as it did with the culturally-based organization and management philosophy of the C. Itoh Co. A more prudent approach to the problem of subsidiaries might …

Protecting Retired Workers From Inflation: Collective Bargaining For Retiree Benefits, Richard M. Bank, Thomas C. Woodruff

University of Michigan Journal of Law Reform

The purpose of this article is to explore whether the collective bargaining process in its present form, or with certain modifications, can provide workers with meaningful protection against inflation. Part I evaluates the adequacy of the collective bargaining process by examining the internal dynamics of unions, the interests of employers and the application of the doctrine of fair representation to collective bargaining. After concluding that the current system inadequately protects retirees, Part II proposes alternative methods to strengthen the role of retirees in the collective bargaining process.

Tax-Based Incomes Policy (Tip) As A Alternative To Wage And Price Controls, Steven R. Hunsicker

University of Michigan Journal of Law Reform

Part I of this article will evaluate the major arguments opposing such policies against the background of the recent American experience with wage and price controls. Part II, in light of the applicability of these arguments to TIPs, will consider whether some variant of TIP could realize the claimed benefits while minimizing the economic and administrative costs usually associated with wage and price controls.

Osha After Ten Years: A Review And Some Proposed Reforms, Mark A. Rothstein

Vanderbilt Law Review

This Article reviews the first ten years of rulemaking, enforcement, and adjudication under the Act. The Article identifies various problem areas that have developed in these activities and for each area discusses whether past and present efforts to meet the problems have been adequate. In light of the Act's troubled history, the Article suggests several amendments to the Act, as well as administrative reforms, to facilitate the Act's implementation. The Article does not, however, attempt to address all of the myriad legal and policy issues or all of the Act's provisions that would benefit from congressional redrafting. Instead, the Article …

Union Waiver Of Employee Rights Under The Nlra: Part I, Michael C. Harper

Faculty Scholarship

The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.

The Immigration And Nationality Act And The Exclusion Of Homosexuals: Boutilier V. Ins Revisited, Marc Bogatin

Cardozo Law Review

No abstract provided.

Reflections On The Obligations Of A Successor Employer, Jonathan L.F. Silver

Cardozo Law Review

No abstract provided.

Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben

Scholarly Works

The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Toward A Theory Of Rights For The Employment Relation, Robert Brousseau

Washington Law Review

It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of …

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

Sailing The Uncharted Seas Of Asbestos Litigation Under The Longshoremen's And Harbor Workers' Compensation Act, Samuel J. Smith, Stephen J. Birek Jr.

William & Mary Law Review

No abstract provided.

Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …

Employer Lawsuits Against Employees-The Right To Invoke The Legal Process Despite Anti-Union Motivation Or Coercive Effect On Section 7 Rights, Val John Christensen

BYU Law Review

No abstract provided.

Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page

BYU Law Review

No abstract provided.

Employment Law And The Mentally Handicapped, J. Helen Beck

Dalhousie Law Journal

Mental handicaps affect a suprisingly large part of the community. If the handicapped cannot make themselves self-sufficient, they become a great economic burden whereas they may have the potential of being contributors to society. This paper will examine aspects of the law relating to employment opportunity and certain social service structures, and question the extent to which they further a handicapped person's goal of fulfilling his employment potential. Field research was done only in the Halifax area, but the analysis is pertinent across Canada because the statutory provisions, social services and social assistance structures found in Halifax are on the …

Re Halifax (City Of) And International Association Of Firefighters, Local 268, Innis Christie

Innis Christie Collection

Interest Arbitration relating to cost of living and reopener.

The negotiation of the current collective agreement between the parties, over the spring, summer and early autumn of 1979, was difficult. It involved a four-day strike which was concluded without final agreement on all issues. It was not, however, the understanding of the union's negotiating team that the percentage increase in the consumer price index required to trigger the re­opening of the agreement with respect to wages six months prior to its termination date was one of those issues, although there was some uncertainty about the technicalities in the wording of …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Employee Grievance alleging unjust discharge.

On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job.

The Eeoc Today - An Update For The 1980'S: A New Creativity, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The New Property, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

County Of Washington, Oregon V. Gunther, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Equal Employment Opportunity Commission (Eeoc) V. Associated Dry Goods Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

American Textile Mfrs. Institute, Inc. V. Donovan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.