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Full-Text Articles in Law

Are Unions A Constitutional Anomaly?, Cynthia Estlund Oct 2015

Are Unions A Constitutional Anomaly?, Cynthia Estlund

Michigan Law Review

This term in Friedrichs v. California Teachers Ass’n, the Supreme Court will consider whether ordinary public employees may constitutionally be required to pay an “agency fee,” as a condition of employment, to the union that represents them in collective bargaining. The Court established the terms of engagement in the 2014 decision Harris v. Quinn, which struck down an agency fee on narrower grounds while describing the current doctrine approving agency fees, blessed many times by the Court itself, as an “anomaly.” This Article asks whether labor unions are themselves anomalies in our legal system, particularly in their constitutional entitlements. Its …


Arbitration - Dispute Involving Hazardous Working Conditions Is Within The Scope Of Broad Arbitration Clause Of A Collective Bargaining Agreement In Absence Of Forceful Indication Of Exclusionary Intent; Gateway Coal Co. V. United Mine Workers, Raymond T. Royko Aug 2015

Arbitration - Dispute Involving Hazardous Working Conditions Is Within The Scope Of Broad Arbitration Clause Of A Collective Bargaining Agreement In Absence Of Forceful Indication Of Exclusionary Intent; Gateway Coal Co. V. United Mine Workers, Raymond T. Royko

Akron Law Review

The collapse of a ventilation structure substantially reduced the air flow into a mine operated 'by the Gateway Coal Co., seriously increasing the danger of accumulation of dust, flammable gas and possible explosion. Three assistant foremen, whose duties included checking and recording the airflow in the mine, made false entries in their logbooks that failed to disclose the reduced air flow. The three foremen were suspended, and criminal proceedings were instituted against them. While the charges remained pending, the Company, after receiving permission from the Pennsylvania Department of Environmental Resources, reinstated the foremen. Ruling that the continued presence of the …


Public Sector Collectice Bargaining In Ohio: Before And After Senate Bill No. 133, Steven B. Chesler, Shawn E. Smith Jul 2015

Public Sector Collectice Bargaining In Ohio: Before And After Senate Bill No. 133, Steven B. Chesler, Shawn E. Smith

Akron Law Review

When 1983 ushered in a new administration more sensitive to the glaring absence of such legislation, the passage of a comprehensive public employees' collective bargaining law was clearly imminent. This article will examine the inadequacies of Ohio's law prior to the enactment of Senate Bill No. 133; summarize the provisions of this new statute; and note its impact on public employees and their employee organizations.


The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd Jul 2015

The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd

Akron Law Review

This article will first examine the origin and development of significant presumptions and second, suggest a method by which the Board could better protect the Section 7 rights of employees without risking destabilization of the collective-bargaining process.


Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird Apr 2015

Book Review: A Perspective On Labour Law. Ole Hasselbalch, Alan C. Neal, & Anders Victorin. Stockholm, London, New York: Transnational Publishers, 1984., J. Ralph Beaird

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie Jan 2015

Voluntary Plant Closings And Workforce Reductions In Canada, Innis Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre Jan 2015

Voluntary Plant Closings And Workforce Reductions In Belgium, Guy Desolre

Georgia Journal of International & Comparative Law

No abstract provided.


Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States, Mary Kathryn Lynch Jan 2015

Restrictions On Management's Right To Dismiss Workers By Means Of Plant Closings Or By Workforce Reductions, The Relations Between Employers And Public Authorities, And The Role Of Collective Bargaining In The United States, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird Jan 2015

Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird

Georgia Journal of International & Comparative Law

No abstract provided.