Law Commons^™

Expanding The Right Of Nonemployee Union Organizers To Solicit On Company Property: Industrial Parks And Retail Stores, Paul R. Comeau

Buffalo Law Review

No abstract provided.

Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser

University of Michigan Journal of Law Reform

This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.

Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law

University of Richmond Law Review

"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …

The "Polaroid Experiment" In South Africa--A Progress Report, Beryl Unterhalter

Vanderbilt Journal of Transnational Law

The business activities of the Polaroid Company in South Africa came under attack in October of 1970, when a small group of Polaroid workers who called themselves the Polaroid Revolutionary Workers' Movement received wide publicity for their protests concerning an alleged anomaly in the company's annual report. According to the Polaroid Revolutionary Workers' Movement, the report, while alluding to the company's role in combating racism and in providing equal opportunities for all employees, described its expanding field of operations and increased profits in South Africa, a country in which racial discrimination is widespread. The Movement further pointed out that part …

Equal Pay: The Hospital-Nursing Home Dilemma

University of Richmond Law Review

The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter …

The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg

Articles by Maurer Faculty

No abstract provided.

The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman

Articles by Maurer Faculty

No abstract provided.

Airline Mergers: The Public Interest In Labor Protective Provisions, Stanley B. Rosenfield

Kentucky Law Journal

No abstract provided.

The Employers’ Duty To Supply Information To The Union — A Study Of The Interplay Of Administrative And Judicial Rationalization, Roger C. Hartley, Florian Bartosic

Scholarly Articles

The imposition of an affirmative obligation on an employer to provide his employees' exclusive bargaining representative with various kinds of information has been one of the most significant developments in the evolution of the concept of good faith bargaining under section 8(a)(5) of the Labor Management Relations Act. This development has been in part a response to the realization that certain information acts as the lubricant needed to keep the collective bargaining machinery running smoothly. It recognizes that the parties can negotiate and administer a collective bargaining agreement only when they have available the information necessary to make informed, intelligent …

International Brotherhood Of Painters & Allied Trades, Local 1439 V Maritime Painting & Decorating Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on September 27, 1971, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Pipefitters Local Union No. 562 V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Two Workers, Kenneth Lasson

All Faculty Scholarship

This article profiles two individuals who were workers in two distinct industries. The first profile is of Dotty Neal, who at the time of this article's writing, worked for the Chesapeake & Potomac Telephone Company, in Maryland. The nature of her job and work are described, often in her own words. The second profile is of Ray Murdock, who worked as a sanitary worker, or "garbageman," in Boston, MA. Again, the nature of this kind of work is described, often in Murdock's own words. The article shows how much technology has changed in the telecommunications industry, and perhaps how much …

Privacy, The Prospective Employee, And Employment Testing: The Need To Restrict Polygraph And Personality Testing, Donald H.J. Hermann Iii

Washington Law Review

Criticism of personality and polygraph testing has taken three forms: challenges to the reliability and validity of such testing; concern about the dissemination and availability of testing data; and fear of the loss of personal liberties through invasion of privacy, imposition of psychological inhibitions, and compulsion toward conformity. The question of dissemination of personnel data and the growth of personal dossiers has been dealt with extensively elsewhere, and is generally beyond the scope of this article. This article will consider legal challenges to the reliability and validity of such testing. The scientific criticism of polygraph and personality testing has been …

Expanding The Role Of Municipal Police Power In Pollution Control: A Pragmatic Approach, Warren B. Rosenbaum

Buffalo Law Review

No abstract provided.

Successorship And Collective Bargaining Agreements In Business Combinations And Acquisitions, Richard G. Vernon

Vanderbilt Law Review

Mergers, consolidations, and purchases of assets are important and frequent business transactions in our economy' and involve a great deal of planning and negotiating by the enterprises concerned. Until recently,the rights of employees and their representative labor unions generally were not considered to be a factor in these plans. In 1964, however, the Supreme Court, in John Wiley & Sons, Inc. v. Livingston, held that common law privity-of-contract principles, which lower courts traditionally had invoked to preclude survival of employees' rights, did not necessarily apply to collective bargaining agreements. Wiley was a nonunion corporation that had merged with a smaller …

Taft-Hartley's Illegal Object Test And A Partial Cease To Do Business

Washington and Lee Law Review

No abstract provided.

Labor Relations—Federal Court Injunctions Against Concerted Strike Activity: Norris-Laguardia And Taft-Hartley Accommodated—Boys Markets, Inc. V. Retail Clerk;S Union, Local 770, 398 U.S. 235 (1970), Anon

Washington Law Review

Employer and Union were parties to a collective bargaining agreement in which Union had promised not to strike and each had promised to submit to binding arbitration at the request of the other. A dispute arose, and Union, in spite of the agreement, called a strike and began picketing Employer's building. After attempting unsuccessfully to invoke the grievance and arbitration procedures specified in the agreement, Employer obtained a temporary restraining order forbidding continuation of the strike Union then removed the case to the federal district court and moved to quash the state court's restraining order. Employer, in opposition, moved for …

Some Aspects Of The Lmrda "Bill Of Rights", J. Ralph Beaird

Scholarly Works

Generally speaking, Title I, section 101(a), of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) guarantees to every union member: (1) equal rights and equal privileges within his union to nominate candidates for union office, to vote in elections or referendums, and to attend union meetings; (2) the right to exercise freedom of speech and assembly; (3) the right to be free from arbitrary increases in dues, initiation fees, and assessments; (4) the right to sue and to participate in administrative and legislative proceedings; and (5) the right to procedural due process in disciplinary proceedings within the union.

As …

Civil Rights--Employment Testing And Job Performance, Henry C. Bowen

West Virginia Law Review

No abstract provided.

Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck

Washington Law Review

Enactment of Title VII of the Civil Rights Act of 1964, with a provision for the awarding of attorneys' fees, opened new opportunities for attorneys in private practice to represent victims of employment discrimination. Within recent years the Act has been predominate in litigation involving racial discriminaton in employment, but imaginative attorneys appealing to innovative courts have used other statutory and common law sources for fashioning relief. The 1866 Civil Rights Act, by analogy to its recent application to discriminatory housing practices, offers an important remedy against racial discrimination to employees. It also promises a protection, not found in Title …

Teacher Negotiations Into The Seventies, Ralph P. Dupont, Robert D. Tobin

William & Mary Law Review

No abstract provided.

Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette

William & Mary Law Review

No abstract provided.

Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review

Michigan Law Review

This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.

Political Subdivisions-Qualifications For Exclusion From The Labor-Management Relations Act

Washington and Lee Law Review

No abstract provided.

Parental Immunity And Respondeat Superior, 1970

Washington and Lee Law Review

No abstract provided.

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Labor Law--Successorship--The Nlrb Has A Change Of Heart, Craig R. Mckay

West Virginia Law Review

No abstract provided.

Reports, Awards And Opinions 1971-1, 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 Great Atlantic & Pacific Tea Company, Inc. National Bakery Division, Bloomingdale Brothers, Board of Higher Education of the City of New York, and City University of New York.

Reports, Awards And Opinions 1971-2, 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 The City of New York Fire Department.

Reports, Awards And Opinions 1971-3, 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 Consolidated Edison Company of New York, Inc., Queens Borough Public Library, and New York City Health and Hospitals Corporation.