Law Commons^™

The Price Of Equality, Drucilla Stender Ramey

Publications

No abstract provided.

The Employment Training Panel, Annual Report September 30, 1984, Employment Training Panel

California Agencies

The Employment Training Panel is helping California, its businesses and workers implement new technologies and foster mature industries to keep California on the cutting edge of competition and enterprise. Since it was created January 1, 1983, the Employment Training Panel has committed $69.6 million to retrain 20,955 workers for jobs that more than 1,500 California employers need done so that the state's economy can continue to grow and prosper. This report describes the Panel's first 18 months of operation.

Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie

Innis Christie Collection

Under the Collective Agreement, the Company and the Union agreed "to provide safe working conditions, proper and adequate tools, equipment and protective devices". The Union argued that this provision required the Company to provide safety boots. Originally the Company had examined the issue and intended to provide each employee with one pair of safety shoes a year (prior to this, the Company had contributed towards the purchase of safety shoes). Based on the experience of another Company, it was decided not to provide shoes but to initiate a new policy of making a greater contribution to the cost of new …

Seniority Rights Vs. Racial Quotas, Neal Devins

Popular Media

No abstract provided.

Fortieth Anniversary Of Steele And Tunstall, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer

All Faculty Scholarship

A covenant not to compete is a contractual restriction upon an individual's ability to compete with another person or entity following the termination of some transaction or relationship between the two. Because of the increasing emphasis in the American economy on technically skilled employees and service oriented businesses, the covenant not to compete has become a standard addition to employment contracts. Moreover, the number of litigated and reported cases may represent only a small percentage of the actual number of employment restrictions currently in force. Regardless of their validity and enforceability, covenants not to compete chill the free movement of …

Re Eastern Provincial Airways Ltd And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

The grievance before me arose out of the back-to-work proce­dures followed by the company after the settlement of the labour dispute between the parties which lasted from early January to March 10, 1983. In March the company was still involved in a dispute with its pilots so both parties understood that it would be some time before the company returned to normal operations. On March 10th, following a marathon session, the parties concluded the back-to-work agreement under which the issues before me arise.

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

Articles

Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …

In Memoriam: Ralph F. Fuchs, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Profiting From Unfair Labor Practices: A Proposal To Regulate Management Representatives, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Can Mother Vote In The Union Election? The Board's Authority To Define The Appropriate Bargaining Unit: An Analysis Of Nlrb V. Action Automotive, Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Action Automotive, Inc., 469 U.S. 490 (1985). The author expected the Court to address whether the NLRB can exclude from the bargaining unit an employee-relative of the owners/managers of a closely held corporation when that employee does not enjoy any special work benefits because of that relationship.

The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann

Faculty Scholarship

This article surveys and analyzes the law on the scope of bargaining under the Minnesota Public Employment Labor Relations Act (PERLA) and suggests ways to make it more certain and responsive to public policy. Part II sets out the conflicting policy considerations to be accommodated in defining the scope of bargaining. These considerations form the basis for Part Ill's criticism of the present law under PELRA and guide the recommendations for change made in Part IV.

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

Articles

The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.

The Bildisco Case And The Congressional Response, James J. White

Articles

Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Workers' Compensation In Michigan: Costs, Benefits And Fairness: A Report To Governor James J. Blanchard's Cabinet Council On Jobs And Economic Development From Theodore J. St. Antoine, Special Counselor On Workers' Compensation, Theodore St. Antoine

Other Publications

On September 14, 1983, Governor James J. Blanchard issued the following statement and charge in appointing Theodore J. St. Antoine as Special Counselor on Workers' Compensation:

In the past two decades, workers' compensation has been the subject of much discussion and debate among all segments of the industrial community and the several branches of state government in Michigan. During this period, three separate commissions have engaged in extensive analysis of the Michigan Workers' Compensation Law. In 1980, and again in 1981, substantial amendments were added to the statute. Nonetheless, the controversy over this system continues.

Important and deserving interests are …

Reports, Awards, And Opinions 1984-1, 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 Du Art Film Laboratories, General Dynamics Corporation and Allied Services Union, S.E.I.U., AFL-CIO, among others.

Reports, Awards, And Opinions 1984-2, 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 Public Service Electric and Gas Company and the Ohio Education Association Rebate System for Agency Fee Payers for the 1982-1983 Membership Year, among others.

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.

Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii

Faculty Publications

This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.

Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen

Faculty Scholarship

The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …

Ohio's Public Employee Bargaining Law: Can It Withstand Constitutional Challenge?, Rebecca White, Robert E. Kaplan, Michael W. Hawkins

Scholarly Works

Public employees in Ohio are now statutorily entitled to bargain collectively with their government employers. This controversial right was obtained on July 6, 1983, when Ohio Governor Richard Celeste fulfilled a major campaign promise by signing into law Senate Bill 133. This bill, which took effect April 1, 1984, has been labeled "one of the most pro-labor public employee bargaining statutes in the nation.

As with any legislation that provides sweeping social and economic changes, challenges to the bill's legitimacy can be expected. Experience in other states teaches that constitutional attacks on the statute will be mounted swiftly, attacks that …

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Ohio's Public Employee Bargaining Law: Can It Withstand Constitutional Challenge?, Rebecca Hanner White, Robert E. Kaplan, Michael W. Hawkins

Faculty Publications

No abstract provided.

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.

Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs

Articles & Book Chapters

This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.

The Consumer's Emerging Right To Boycott: Naacp V. Claiborne Hardware And Its Implications For American Labor Law, Michael C. Harper

Faculty Scholarship

Hard cases do not always make bad law. Sometimes, when confronted with records that will yield neither to the direct application of established legal principles nor to factual manipulation, courts articulate, or at least suggest, a new principle which should and often does refine a body of old law. The Supreme Court's decision in NAACP v. Claiborne Hardware Co." should become a prominent and salutary example of such hard cases. Before Claiborne Hardware, the Court had indicated that legislatures, for rational economic policy reasons, could make peaceful consumer boycotts illegal.' Confronted with compelling facts in the Claiborne Hardware …

Biological Monitoring: The Employer's Dilemma, Frances H. Miller

Faculty Scholarship

The industrial workplace contains many potential health hazards that not only can cause great harm to workers, but also can destroy the employers’ economic stability. Often these hazards are documented and dealt with, but frequently they are unknown. When health-conscious employers monitor the physical well-being of their employees in an effort to avoid the terrible personal and economic costs these hazards can produce, they may be supplying their employees with the documentation necessary to recover financially for their industrial illnesses.

This Article analyzes this dilemma confronting employers. It describes the many factors employers must consider when deciding whether to institute …