Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Cleveland State Law Review
This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order …
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Cleveland State Law Review
Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Cleveland State Law Review
Disposition of funds upon a local's disaffiliation from the international union has been one of the most difficult problems for the courts to overcome in the field of Labor Law. The application of common law doctrines to a mobile field requiring flexible approaches posed many problems. Seemingly, a new theory had to be developed every time'a new situation arose since the courts were reluctant to consistently apply any one theory because of its undesirable results. This resulted in the development of six distinct doctrines: "implied condition" or "frustration of purpose," "local autonomy," "trust fund," "unclean hands," "certification" and "breach of …