Law Commons^™

Union's Waiver Of Initiation Fees Interferes With Employee's Freedom Of Choice In Representative Elections And Constitutes An Unfair Labor Practice., William R. Garmer

St. Mary's Law Journal

Abstract Forthcoming.

Labor Law--Arbitration Of Safety Disputes, J. Timothy Dipiero

West Virginia Law Review

No abstract provided.

Reports, Awards, And Opinions 1974-1, 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 American Broadcasting Company, Great Atlantic & Pacific Tea Co., Inc., and The City of New York, among others.

Reports, Awards, And Opinions 1974-2, 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 American Federation of Television ' and Radio Artists,Manchester Education Association and Communication Workers of America AFL-CIO, among others.

Preferential Relief In Employment Discrimination Cases, Martin Slate

Loyola University Chicago Law Journal

No abstract provided.

Wage Garnishment: Remedy Or Revenge?, Michael Adrian Harring

Loyola University Chicago Law Journal

No abstract provided.

Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch

Florida State University Law Review

No abstract provided.

The Brandon Packer's Strike, Innis Christie

Innis Christie Collection

The Brandon packers' strike of 1960 was, as Professor MacDowell suggests, "a minor affair, involving only one hundred and ten employees"¹ and lasting six months, but it is the basis for a most interesting case study. A wondrous selection of "classic" factors and some "specials" were involved. A modest, one-man company was sold to "financiers" and, a young ambitious manager was appointed, ready and willing to break the established pattern of collective bargaining on the ground that the company could not afford to pay the union demands. There was tension within the union local between the "old guard" and …

Rights Of The Public Employee Under The Illinois Civil Service System: A Progression Of The Law, 8 J. Marshall J. Prac. & Proc. 53 (1974), Rea T. Markin

UIC Law Review

No abstract provided.

Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - An Employer Does Not Commit An Unfair Labor Practice When, Subsequent To An Impasse In Collective Bargaining, He Locks Out His Regular Employees And Operates With Temporary Replacements, Francis P. Newell

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Unauthorized Strikes - Union Has The Duty To Use Every Reasonable Means Available To End Wildcat Strike, Anthony A. Desabato

Villanova Law Review (1956 - )

No abstract provided.

Aliens, Employment, And Equal Protection, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin

Villanova Law Review (1956 - )

No abstract provided.

Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye

University of Michigan Journal of Law Reform

Public school teachers have no right to strike under Michigan law, but the power to strike exists. Michigan residents witnessed forty teacher strikes in the autumn of 1973 alone. Among them was the forty-four-day strike by Detroit teachers. The strikes during the past fall were not an unfortunate aberration. Ninety percent of the strikes in Michigan are by school teachers. In the public education context, the threat of a strike no longer brings negotiating parties together. A new mechanism for resolution of deadlocks in teacher-school board contract disputes is needed. This article describes the problem, outlines impasse resolution procedures presently …

Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene

University of Michigan Journal of Law Reform

The first section of this article summarizes the vast differences between the rights of public and private employees to strike. The second section focuses on likely obstacles to a governmental suit to enjoin shutdowns in the broadest segment of American private industry-the segment in which labor relations are governed by the National Labor Relations Act (NLRA). The final section of the article suggests a legislative solution to the problem, fashioned after existing statutory remedies for limiting certain strikes by public employees.

Labor Law - The District Of Columbia And Seventh Circuits Split Over Whether Union Discipline Of Supervisor-Members For Crossing Picket Lines To Perform Rank-And-File Struck Work Is An Unfair Labor Practice, Richard J. Conn

Villanova Law Review (1956 - )

No abstract provided.

A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer

Articles

The still brief existence of the Washington Industrial Safety and Health Act (WISHA)' has not begun to yield a full view of its operations, effects, strengths and weaknesses. But a look at the preliminary data compiled by the Division of Industrial Safety and Health of Washington's Department of Labor and Industries does give one an idea of the shape that the Act's enforcement will take, as well as its effect on the business and working communities.' This comment will provide a brief overview of Washington's early experience with the Act, based on statistics and interviews with the individuals responsible for …

On Reanalyzing The Harris-Todaro Model: Policy Rankings In The Case Of Sector-Specific Sticky Wages, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

In a brilliant and pioneering paper, John Harris and Michael Todaro introduced a model with two sectors, manufacturing (urban) and agriculture (rural), a (sticky) minimum wage in manufacturing and consequent unemployment. They also introduced a labor allocation mechanism under which, instead of the usual equalization of actual wages, the actual rural wage was equated with the expected urban wage; the latter was defined as the (sticky) minimum wage weighted by the rate of employment, so that, unlike in the standard rigid-wage models of trade theory (for example, Gottfried Haberler, Bhagwati, Harry Johnson, Louis Lefeber, and Richard Brecher), the unemployment resulting …

Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader

Cleveland State Law Review

Titile VII of the Civil Rights Act of 1964 and other supporting acts and laws have established certain employment rights for the vast majority of employees throughout the United States, and the procedures for enforcing those rights. Substantial efforts have been made by federal and state agencies, as well as minority interest groups, to publicize the laws and their enforcement procedures. In 1974 it can be safely assumed that virtually all employees affected by the equal employment laws are familiar with their rights or, minim- ally, know where to obtain sufficient information to be fully apprised of those rights. Surprisingly, …

Class Actions Under The Age Discrimination In Employment Act: The Question Is Why Not?, Anne S. Emanuel

Faculty Publications By Year

No abstract provided.

Can Collyer And Gardner-Denver - Co-Exist? A Postscript, Julius G. Getman

Indiana Law Journal

No abstract provided.

Teacher Collective Bargaining

Fordham Urban Law Journal

This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …

Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch

Law Faculty Publications

An analysis on a worker's compensation case decided by the Supreme Court of Florida.

The Development Of The Collyer Deferral Doctrine, Peter G. Nash, Roland P. Wilder, Jr., Alan Banov

Vanderbilt Law Review

Collyer Insulated Wire' has been one of the most significant decisions by the National Labor Relations Board (Board) in recent years..That case established the principle' that the policies of the National Labor Relations Act (NLRA or Act) could best be effectuated if the Board deferred resolution of disputes based primarily on the meaning and application of a collective-bargaining agreement to the grievance--arbitration provisions of the parties' agreement. While the underpinnings of Collyer are traceable to well-established NLRB and judicial precedents, the decision is nonetheless an important new "developmental step"' that has precipitated far-reaching changes in the Board's approach to processing …

Some Comments On Labor Dispute Settlement Processes, Paul H. Saunders

Vanderbilt Law Review

"A Strikeless Society on America's Horizon?" The question mark at the end of this recent headline

"A Strikeless Society on America's Horizon?" The question mark at the end of this recent headline on a syndicated newspaper column suggests appropriate skepticism about the substance therein, even thouperiod be the fullness of time for the emergence of significant new developments in labor peacemakinggh the column reported that the first eleven months of 1973 had been "the most serene labor climate in a decade with man hours lost at a 10-year low."' Well before the year-end "energy crisis" and attendant economic dislocations, however, …

Survival Of The Bargaining Agreement: The Effect Of Burns, Charles G. Bakaly, Jr., James S. Bryan

Vanderbilt Law Review

The purpose of this article is to examine some of the implications of the Burns decision for management officials contemplating a takeover and more specifically to consider the extent to which a successor employer may be bound by the provisions of its predecessor's bargaining agreement. Although the article focuses on the Burns case itself, some consideration also is given to the Court's earlier decision in John Wiley & Sons, Inc. v. Livingston and to the question whether Wiley provides a means of avoiding the mandates of Burns.

The Nlrb And National Labor Policy: An Introduction, Edward B. Miller,

Vanderbilt Law Review

Each of the five articles in this symposium deals with a recent development in American labor law. Professor Sanders addresses the interesting question whether strikes have a place in future labor dispute settlement. Mr. Nash discusses at length the important new policy of NLRB deferral to arbitration under Collyer Insulated Wire. Mr. Kilberg then examines the recurring problem of discrimination in American labor organizations, and Mr. Bakaly reconsiders the important case of Burns International Security Services, Inc. v. NLRB and gives us a critical evaluation of that decision. Finally, Professor Rabin presents a comprehensive synthesis of the law relating to …

Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg

Vanderbilt Law Review

This article explores the development, theory, and design of the government's Contract Compliance Program and the other statutory means of pursuing equal employment opportunity. Part I is a brief explanation of the Contract Compliance Program under Executive Order 11,246. Part II presents a discussion of the legal underpinnings of the affirmative action concept. Part III deals with the decision In the Matter of Bethlehem Steel Corporation, a landmark administrative hearing under procedures established by the Office of Federal Contract Compliance, and the American Telephone & Telegraph Company Memorandum of Agreement and Consent Decree,' which has been described as "the largest …