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Articles 1 - 30 of 35
Full-Text Articles in Law
Program Focus: Work In American Prisons: Joint Ventures With The Private Sector, Us Department Of Justice
Program Focus: Work In American Prisons: Joint Ventures With The Private Sector, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
Cpaa V Canada Post Corp, Innis Christie
Cpaa V Canada Post Corp, Innis Christie
Innis Christie Collection
The Grievor was Part-time Assistant in the Post Office at Berwick, Nova Scotia. The grievance alleges that he was suspended without cause. The Union claims that the discipline is unjustified, discriminatory, and not in accordance with notice requirements and time limits in the Collective Agreement. Complaints of harassment were made against the Grievor which were passed on to the Human Rights Officer. A memorandum of settlement was signed by the parties agreeing to waive time limits until completion of an investigation. The claims were substantiated and a letter of discipline sent to the Grievor. The Union's position is that no …
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine V.W. Stone
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Striker Replacements: A Law, Economics, And Negotiations Approach, Rafael Gely, Leonard Bierman
Faculty Publications
In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
The North American Agreement On Labor Cooperation: A New Frontier In North American Labor Relations, Rafael Gely, Leonard Bierman
Faculty Publications
During the debate leading to the passage of the North American Free Trade Agreement (“NAFTA”), a great deal of concern focused on the effect that a trade agreement such as the NAFTA might have on workers' rights. As a condition for the ratification of the NAFTA, Congress provided that the treaty would not “enter into force until the three countries enact their own national agreement on labor cooperation.” In response to this concern, the three signatory countries negotiated the North American Agreement on Labor Cooperation (“NAALC” or “Labor Agreement”). The NAALC establishes a formal and elaborate procedure to settle complaints …
Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie
Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie
Innis Christie Collection
Preliminary award concerning arbitrability. Preliminary objection upheld in part.
Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discriminated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Accommodating Pregnancy In The Workplace, Deborah Calloway
Accommodating Pregnancy In The Workplace, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab
The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab
Cornell Law Faculty Publications
The contingent work force is rising. Policymakers and analysts must respond. These are the central themes of Dr. Belous's paper m this symposium. Twenty-five to thirty percent—his current upper- and lower-bound estimates of the size of the contingent work force—are the basic statistics underpinning his call to arms. Dr. Belous includes in the contingent work force all workers who are temporary, part-time, self-employed, or in business services. The spread comes from different methods of handling double counting. The figures update similar estimates he published in 1989 in his well-known book, The Contingent Economy. Dr. Belous has done a great …
Reports, Awards, And Opinions 1995-2, Eric J. Schmertz
Reports, Awards, And Opinions 1995-2, Eric J. Schmertz
Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection
Documents include correspondence from and arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New York Bus Service and The Port Authority of New York and New Jersey, among others.
Reports, Awards, And Opinions 1995-1, Eric J. Schmertz
Reports, Awards, And Opinions 1995-1, 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 Babyland Nursery, Incorporated, Boston Edison Company, and General Electric Company.
Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold
Through The Looking Glass: Can Title Vii Help Women And Minorities To Shatter The Glass Ceiling, Rafael Gely, Ramona L. Paetzold
Faculty Publications
The employment patterns of “nontraditional” workers in the United States show two conflicting characteristics. On the one hand, researchers have observed a continuing increase in the rate of participation of nontraditional workers at multiple levels in the work force. For example, the proportion of women white collar workers increased from twenty-two percent in the late 1960s to forty-six percent in 1992. Similarly, the average job tenure for nontraditional workers has also increased. For example, although males in the thirty-five to forty-four year old age group have experienced a small decline in job tenure, women in the same group have seen …
Workplace Censorship: A Response To Professor Sangree, Kingsley R. Browne
Workplace Censorship: A Response To Professor Sangree, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Current Developments In Federal Employment Discrimination Law, 15 N. Ill. U. L. Rev. 307 (1995), Julie M. Spanbauer
Current Developments In Federal Employment Discrimination Law, 15 N. Ill. U. L. Rev. 307 (1995), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
Title Vii Arbitration, Patrick O. Gudridge
Title Vii Arbitration, Patrick O. Gudridge
Articles
Supreme Court decisions establish two separate lines of analysis concerning whether arbitration agreements should pre-empt judicial remedies for parties already covered by employment and labor legislation. First, in cases like Gilmer v. Interstate/Johnson Corp., the Supreme Court espouses a procedural analysis: the Court considers the extent to which the arbitration procedures reflect judicial processes. In Alexander v. Gardner-Denver and its successors, on the other hand, the Court examines whether the applicable statutes explicitly pre-empt the arbitration agreement. This article argues that neither approach is helpful. Rather, 'courts should consider whether the relevant statute applies standards derived essentially from "inside" …
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
An Introduction To The Symposium, William G. Eckhardt
An Introduction To The Symposium, William G. Eckhardt
Faculty Works
Professor William Eckhardt introduces the ideas which initiated planning for and later emanated from UMKC School of Law Symposium “Don't Ask, Don't Tell-Implementation and Litigation.” As the title suggests, the Symposium examined the complex and important issues surrounding the policy of the United States toward gays and lesbians in the Armed Forces. This communitywide event was centered in the UMKC Law School Courtroom on the evening of April 11, 1995.
The idea for this Symposium was conceived by Professor Samuel A. Marcosson, a senior attorney in the Office of General Counsel of the Federal Equal Employment Opportunity Commission. It was …
The Eeoc, The Courts, And Employment Discrimination Policy: Recognizing The Agency's Leading Role In Statutory Interpretation, Rebecca White
The Eeoc, The Courts, And Employment Discrimination Policy: Recognizing The Agency's Leading Role In Statutory Interpretation, Rebecca White
Scholarly Works
This Article explores whether a delegation to the EEOC of law-interpreting authority may be found under Title VII, the ADEA, or the ADA, despite the agency's lack of full enforcement authority under these statutes. If the EEOC possesses such authority, it, not the courts, will decide many of the difficult issues left unresolved by Congress under the 1991 Civil Rights Act, the ADA, and other statutes administered by the agency. I easily conclude the EEOC has been delegated law-interpreting power under both the ADEA and the ADA. The authority to issue legislative rules, in the context of these statutory schemes, …
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Publications
No abstract provided.
Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg
Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg
Faculty Scholarship
The heightened economic globalization of the last quarter century presents a welter of new questions for legal scholars, policymakers, and practitioners. In many specialized fields, lawyers and academics are reskilling in comparative and international law in response to the growing importance of the transnational linkages and competition facing economic and regulatory actors in the United States. Concurrently, dramatic economic and political "transitions" in Asia, Latin America, and Eastern Europe have created legal uncertainties and innovations that compound the challenges of transnationalization. Issues of labor and employment law are at the center of both of these epochal transformations – globalization and …
The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii
The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii
Faculty Articles and Papers
Employment discrimination cases filed during recessions are more likely to settle after filing and less likely to be won by plaintiffs than those filed when the economy is strong. This model of litigation confirms two predictions of the Priest-Klein model of litigation. First, relatively weak cases (for either party) should be more likely to settle. Second, the party with the greater stake in litigation will have the higher win rate in adjudicated disputes; the special case of even stakes produces a 50 percent plaintiff win rate. The settlement process does not produce complete selection, however: the strong version of the …
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams
Articles
No abstract provided.
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson
Journal Articles
In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …
Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff
Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff
Faculty Publications
Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.
To thrive in the coming decades, unions must carve out a new …
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …
We Make The Road By Walking: Immigrant Workers, The Workplace Project, And The Struggle For Social Change Symposium: Economic Justice In America's Citie: Visions And Revisions Of A Movement, Jennifer Gordon
Faculty Scholarship
This Article addresses the problems faced by immigrant workers on Long Island. Part I briefly examines the transition on Long Island from an economy based on manufacturing to one based on services, as well as the growth of the underground economy. Part II addresses the failure of government agencies, legal services centers, and unions to confront the problems faced by immigrant workers in this period of economic transition. Part III presents the Workplace Project model as an alternative to those institutions. Part IV offers a critique of the Project, focusing on the conflict between providing individual legal representation and organizing …
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Faculty Scholarship
Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Faculty Scholarship
When it enacted the National Labor Relations Act in 1935, Congress gave statutory recognition to collectively bargained terms and conditions of employment. In recent decades, the number of cases in which the Supreme Court has interpreted the NLRA has declined, leaving the Act's interpretation and enforcement primarily to the National Labor Relations Board and the federal courts of appeals. In this Article, Professor Brudney presents the results of his study of 1,224 NLRB adjudications and their fate upon federal court review, from 1986 to 1993. Professor Brudney analyzes the reversal and affirmance data, and identifies areas of general Board-court agreement …
Due Process Review Under The Railway Labor Act, Chris Sagers
Due Process Review Under The Railway Labor Act, Chris Sagers
Law Faculty Articles and Essays
The federal government regulates disputes between organized labor and management in a wide range of private industries. Most disputes are governed by the Labor-Management Relations Act (LMRA), which both protects the rights of management and organized labor and establishes a comprehensive scheme of dispute resolution. The Railway Labor Act (RLA), however, creates a regime unique to the railroad and airline industries. It requires that certain claims between the covered employers -- known in the RLA as “carriers” -- and their employees be settled by submission to the RLA statutory arbitration scheme. Under this scheme, parties must resolve disputes “in the …