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Articles 1 - 30 of 77
Full-Text Articles in Law
Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps
Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps
The Cardinal Edge
This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …
Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes
Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes
Catholic University Law Review
The current National Labor Relations Board ("Board') since 2018 has indicated an interest in changing the law on employee representation by unions in the construction industry, culminating in a final rule issued on April 1, 2020. As the article discusses, this proposal is likely to have effects in many industries other than construction, because many other industries in the U.S. are becoming more like the construction industry has long been. The Board’s rule has changed what's required for a construction union to remain the representative of a construction employer's employees, which the Board justified as serving "employee choice" about union …
Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin
Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin
Chicago-Kent Law Review
No abstract provided.
Sustainable Alt-Labor, Catherine L. Fisk
Sustainable Alt-Labor, Catherine L. Fisk
Chicago-Kent Law Review
No abstract provided.
Short Strikes, Michael M. Oswalt
Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan
Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan
Chicago-Kent Law Review
No abstract provided.
Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman
Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman
Chicago-Kent Law Review
No abstract provided.
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
Chicago-Kent Law Review
Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers are included …
Uber, Lyft, And Regulating The Sharing Economy, Brett Harris
Uber, Lyft, And Regulating The Sharing Economy, Brett Harris
Seattle University Law Review
The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Undercutting Linden Lumber: How A Union Can Achieve Majority-Status Bargaining Without An Election, Charles J. Morris
Hofstra Labor & Employment Law Journal
This article undercuts Linden Lumber — the National Labor Relations Board’s (NLRB’s) rule which for almost half a century has permitted — indeed encouraged — employers to condition recognition and collective bargaining on a union’s winning what has become an unfair NLRB election, thus effectively denying the alternative binding effect of majority-based union-authorization cards. Relying on the Supreme Court’s affirmation of the Board’s decision in that case, erroneous conventional wisdom has treated this rule as the statutory interpretation of that Court, which would be unchangeable without legislation. A proper contextual reading of Justice Douglas’s majority opinion, however, definitely shows that …
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
Arbitration Law Review
No abstract provided.
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
“They Outlawed Solidarity!”, Richard Blum
“They Outlawed Solidarity!”, Richard Blum
Seattle University Law Review
In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …
Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.
Can Nothing Be Said For State "Right-To-Work" Laws?, John E. Coogan, S.J.
The Catholic Lawyer
No abstract provided.
Labor Law - Work Stoppages Called To Protest Actions Of A Foreign State Are Labor Disputes Subject To The Prohibition Against Secondary Boycotts Of Section 8(B)(4) Of The National Labor Relations Act, Edward P. Gibbons
Georgia Journal of International & Comparative Law
No abstract provided.
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Pepperdine Law Review
The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. …
Right To Restrain Versus Right To Refrain: An Examination Of Pattern Makers' League Of North America V. Nlrb, Lawrence M. Burek
Right To Restrain Versus Right To Refrain: An Examination Of Pattern Makers' League Of North America V. Nlrb, Lawrence M. Burek
Pepperdine Law Review
No abstract provided.
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Pepperdine Law Review
No abstract provided.
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
The Evolving Doctrine Of Union Liability For Health And Safety In The Workplace. Warning: Collective Bargaining Can Be Hazardous To Your Union's Health, Jeffrey S. Wohlner
Pepperdine Law Review
No abstract provided.
California Ex Rel. Harris V. Safeway, Inc.: Mismanaging The Intersection Of Antitrust And Labor Law, Peter L. Cooch
California Ex Rel. Harris V. Safeway, Inc.: Mismanaging The Intersection Of Antitrust And Labor Law, Peter L. Cooch
Journal of Business & Technology Law
No abstract provided.
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck
Fordham Urban Law Journal
There is no question that litigation is expensive, but we remain puzzled as to why the solution to this problem should be arbitration. All the reasons arbitration is cheaper than litigation cut against the rights-holder or against the enforcement of laws. Commentators who argue that arbitration may be the only or best option for some rights-holders implicitly accept a deeply cynical conception of who is entitled to enjoy full remedies for a deprivation of rights. If the problem is a lack of counsel, that lack requires attention, as giving up on courts for certain segments of society is not a …
Orchestrated Experimentalism In The Regulation Of Work, Orly Lobel
Orchestrated Experimentalism In The Regulation Of Work, Orly Lobel
Michigan Law Review
Since the advent of the New Deal vision, work and the workplace have undergone dramatic changes. Policies and institutions that were designed to provide good working conditions and voice for workers are no longer fulfilling their promise. In Working in America: A Blueprint for the New Labor Market ("Blueprint"), four MIT economists take on the challenge of envisioning a new regulatory regime that will fit the realities of the new market. The result of several years of deliberation with various groups in business and labor, academia, and government, Blueprint provides a thoughtful yet unsettling vision of the future of work. …
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Michigan Law Review
Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
Fordham Urban Law Journal
The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …
Drug Testing: The Union Perspective, Susan L. Gragel
Drug Testing: The Union Perspective, Susan L. Gragel
Journal of Law and Health
The rapid increase in employer-mandated drug testing for workers raises significant questions concerning individual privacy and liberty. Yet, drug testing questions are not limited to individual claims by affected employees. The sweeping move to test workers through urinalysis also presents serious issues for labor unions in the public and private sectors. The developing concerns and issues for labor organizations are outlined in this presentation.
Wildcat Strikes: The Affirmative Duty Of The Parent Union To Intervene, Thomas Kevin Sheehy
Wildcat Strikes: The Affirmative Duty Of The Parent Union To Intervene, Thomas Kevin Sheehy
Fordham Urban Law Journal
Most collective labor agreements contain a no-strike clause, a promise by the union that it will not authorize a strike in the bargaining unit for the life of the contract. Under Section 301 of the Labor Management Relations Act of 1947, "parent unions," as parties to collective bargaining contracts, are subject to liability for damages in federal court for breach of no-strike agreements. A parent union, however, cannot be held liable to an employer for a work stoppage not authorized or ratified by it. Such unauthorized work stoppages are commonly referred to as wildcat strikes. Recently, the Supreme Court held …
Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer
Florida Public Employees: Is The Solution To The Free Rider Problem Worse Than The Problem Itself?, Curtis L. Mack, Ezra D. Singer
Florida State University Law Review
No abstract provided.
Title Vii Of The Civil Rights Act Of 1964- Seniority Provisions Of Union Collective Bargaining Agreement Held Controlling Over Eeoc Affirmative Action Hiring Program. Jersey Central Power & Light Co. V. Local 327, Ibew, 508 F.2d 687 (3d Cir. 1975)., Ira E. Goldberg
Fordham Urban Law Journal
Plaintiff, Jersey Central Power & Light Company (Jersey Central), a large public utility, was economically forced to announce a series of plant wide layoffs. The collective bargaining agreement in force between Jersey Central and various unions required that layoffs be conducted in reverse order of seniority, i.e., the last person hired is the first person to be fired. A conciliation agreement among Jersey Central, the unions and the Federal Equal Employment Opportunity Commission (EEOC) called for the company to begin an affirmative action program designed to increase employment opportunities for women and minority workers. Plaintiff sought a declaratory judgment in …
Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch
Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch
Florida State University Law Review
No abstract provided.
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Michigan Law Review
One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …