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The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …

The Partial-Closing Conundrum: The Duty Of Employers And Unions To Bargain In Good Faith, Timothy J. Heinsz

Duke Law Journal

No abstract provided.

A Long Deep Drive To Collective Bargaining: Of Players, Owners, Brawls, And Strikes, Robert C. Berry, William B. Gould

Case Western Reserve Law Review

No abstract provided.

Primacy Of Collective Bargaining For Resolving Disputes Under The Fair Labor Standards Act, Charles C. Jackson

Cornell Law Review

No abstract provided.

Protecting Retired Workers From Inflation: Collective Bargaining For Retiree Benefits, Richard M. Bank, Thomas C. Woodruff

University of Michigan Journal of Law Reform

The purpose of this article is to explore whether the collective bargaining process in its present form, or with certain modifications, can provide workers with meaningful protection against inflation. Part I evaluates the adequacy of the collective bargaining process by examining the internal dynamics of unions, the interests of employers and the application of the doctrine of fair representation to collective bargaining. After concluding that the current system inadequately protects retirees, Part II proposes alternative methods to strengthen the role of retirees in the collective bargaining process.

The Role Of Academic Freedom In Defining The Faculty Employment Contract, Richard H. Miller

Case Western Reserve Law Review

No abstract provided.

Spielberg Reconsidered--Problems In Application And Content Of The Deferral Doctrine, John G. Culhane

Fordham Law Review

No abstract provided.

Issue Preclusion: Unemployment Compensation Determinations And Section 301 Suits, Kathy Pittak Lazar

Case Western Reserve Law Review

No abstract provided.

Case Notes, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Collective Bargaining For Farmworkers - Should There Be Federal Legislation, Herman M. Levy

Santa Clara Law Review

No abstract provided.

Labor Law - National Labor Relations Act - Managerial Employees - University Faculty, Mary F. Dombrowski

Duquesne Law Review

The United States Supreme Court has held that full-time faculty members at Yeshiva University are managerial employees excluded from the protections of the National Labor Relations Act.

NLRB v. Yeshiva University, 444 U.S. 672 (1980).

Statutes Of Limitations When Section 301 And Fair Representation Claims Are Joined: Must They Be The Same?, Meredith Jane Boylan

Fordham Law Review

No abstract provided.