Law Commons^™

Re Canada Post Corp And Cupw (Safire), Innis Christie

Innis Christie Collection

This is a Union grievance in which it is asserted that the Employer continued to employ a Part-time Mail Service Courier although he refused to become a member of the Union. The Employer has checked off and remitted his dues to the Union. The Union's position is that in continuing to employ him under those circumstances, the Employer is in breach of the Collective Agreement and requests an order that the Employer terminate this employee if he does not become a member.

Risky Business, Michael S. Baram

Faculty Scholarship

In prior studies by high-level commissions, emphasis was given to improving the scientific basis and institutional procedures for risk assessment and risk regulation within existing statutory frameworks. Recommendations have led to slow but steady progress. This study is considerably different. It emphasizes a public health approach for efficient use of resources in a new flexible framework for risk management, reductionist approaches to risk assessment and characterization, increased public involvement, and various methods for managing such public involvement. It provides a mix of aspirations and concepts, procedures, and "shop floor rules" for putting the new system of risk management into practice. …

Faculty Association Of The University Of St Thomas V St Thomas University, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties for the period July 1, 1994 to June 30, 1997, which counsel agreed governs this matter, in that the University refused to acknowledge that the Grievor was on sick leave for the period in issue. The grievance requested a declaration mat the Grievor was on sick leave for that period. At the start of the hearing the parties agreed that I am properly seized of this matter, that I should remain seized after the issue of this award to deal with all issues arising directly from its application and …

Farris V Merks Farms Ltd, Innis Christie

Innis Christie Collection

The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with …

Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab

Cornell Law Faculty Publications

A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton

Faculty Scholarship

This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …

Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas

Research to Practice Series, Institute for Community Inclusion

This summary of a qualitative study reports the results of focus groups with administrators and counselors in Massachusetts's vocational rehabilitation agency. The findings highlight differences in perspectives on how the 1992 Rehabilitation Act Amendments have been implemented.

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman

Faculty Publications

Introduction In a recent article in the North Carolina Law Review, Louisiana State University Law Professor William R. Corbett proposes an innovative solution to the contentious issue of the right of employers to permanently replace economic strikers pursuant to the National Labor Relations Act (“NLRA” or “Act”). Professor Corbett's proposal is based on two arguments. First, he argues that the current legal distinction between “economic” and “unfair labor practice” strikes -- whereby employers are prevented from permanently replacing employees striking over employer unfair labor practices but may permanently replace employees striking over economic issues -- is a useful one and …

Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic ("ELJC") of Golden Gate University School of Law developed this part of the Community Guide to assist you and your community in addressing environmental pollution concerns. It explains several state and federal environmental laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will fmd this Community Guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making process, or voice your concerns on a particular environmental issue …

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.

A Tale Of Two Opinions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

Guilty Knowledge, Daniel S. Kleinberger

Faculty Scholarship

Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

Scholarly Works

Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …

Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Peter Siegelman, Ian Ayres

Faculty Articles and Papers

The debates over the passage of Title VII of the 1964 Civil Rights Act' were marked by passionate disagreement: conservatives objected to the legislation as an unwarranted interference with employers' freedom of contract, while liberal supporters considered it a first step toward racial justice. While disagreement about what employment discrimination law should do has continued-in much the same form-to this day, there has been surprising consensus about the mechanism by which Title VII actually works: whether it is thought of as inadequate or excessive, Title VII is usually presumed to promote the hiring of those it is designed to protect.'The …

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.

By the time the International Labor Organization responded to complaints that the convention was …

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Reports, Awards, And Opinions 1996-1997-2, 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 Sea Crest Health Care Center, Sperry Association Federal Credit Union, and White Plains Bus Company, among others.

Community Guide To Environmental & Occupational Safety Laws - Part I - Right To Know Laws: How To Obtain Information About Environmental Hazards In Your Community & Workplace

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic ("ELJC") and the Women's Employment Rights Clinic ("WERC") of Golden Gate University School of Law developed this community guide to assist you and your community in addressing environmental pollution and occupational safety concerns. It explains several state and federal environmental and workers' safety laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will find this community guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making …

Annual Report To The Legislature 1994-1995, 1995-1996, Agricultural Labor Relations Board

California Agencies

No abstract provided.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Anti-Preference In Employment Law: A Preliminary Analysis, 18 Chicano-Latino L. Rev. 59 (1996), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers, Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …