Law Commons^™

Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru

Presentations

In January 2007, only 5% of the 119 head coaches in Division I-A college football teams were minorities. This number is startling in light of the fact that in National Collegiate Athletic Association (NCAA) football teams 55% of the student-athletes are from minority groups. Even the president of the NCAA, Myles Brand, has stated that this organization has had a “dismal record of hiring people of color into head coaching positions, especially in the sport of football.” The disparity between the numbers of coaches and players has prompted an action brought by the Black Coaches & Administrators (BCA). The BCA …

Cep V Bell Aliant Regional Communications Llp, Innis Christie

Innis Christie Collection

This is a Union grievance regarding the scheduling of part-time employees and whether temporary student employees should be regarded as part-time for scheduling. The student's total annual work hours could be reduced under the Union's interpretation. The Employer does not include student employees as 'part-time' in the interpretation of the collective agreement.

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

Innis Christie Collection

The Grievor refused to work in what she considered an unsafe situation. After the Employer investigated she was ordered to return to work. Her refusal resulted in a two day suspension. The letter of suspension indicates that the Employer's decision was, in part, based on a similar suspension in her personal file, which is also being grieved. The Union claims the suspension was without just cause and wants the Employer to pay damages for what was lost as a result of the suspension and removal of all related documents in the personal file.

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

Innis Christie Collection

The Grievor was suspended with pay until a complaint by a co-worker could be investigated. The complaint dealt with a conversation regarding serial killers, which upset the co-worker and caused the Employer to be concerned about workplace safety. After the investigation the Grievor was placed on sick leave until she could provide medical proof that she was not a danger to her co-workers. The Union believes the Employer breached the collective agreement by imposing the suspension without just cause and, as remedy, wants the Employer to pay damages to compensate the Grievor for what was lost by the suspension, a …

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

Innis Christie Collection

The Grievor was suspended for inappropriate behaviour towards co-workers. The Union claims the three day suspension was without just, reasonable and sufficient cause and sought a remedy which would pay damages due to the suspension and removal of all related documents from the Grievor's personal file.

The grievance succeeds in part. Discipline was appropriate. There was nothing in the Grievor's personal record to support a three day suspension and one of the complaints warranted no discipline. The suspension is reduced to two days and the Grievor is to be compensated for losses resulting from the third day.

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

Innis Christie Collection

The Grievor was given a three day suspension (two waived, one served) for inappropriate behaviour and comments to both a co-worker and a supervisor. The Union claims the Employer breached the collective agreement by not following prescribed procedure and depending on hearsay evidence. As remedy the Union wanted the Employer to pay damages for what was lost due to the suspension and removal of all related documents from the Grievor's personal file.

Paying For The Sins Of Their Clients The Eeocs Position That Staffing Firms Can Be Liable When Their Clients Terminate An Assigned Employee For A Discriminatory Reason, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Re Air Canada And Acpa (Thain), Innis Christie

Innis Christie Collection

The Grievor alleged that the Employer breached the Collective Agreement when it dismissed him after a criminal conviction. The parties requested a "bottom-line decision, without reasons".

This is a consent award. The Grievor is reinstated to employment effective immediately with a Leave of Absence status. The suspension, which occurred before the discharge, is rescinded. While on Leave of Absence the Grievor will not accrue pay or other compensation, but will retain his position on the seniority list. There will be a one year trial period. During this time a number of conditions must be addressed by the Grievor. Jurisdiction is …

Separating Contract And Promise, Aditi Bagchi

All Faculty Scholarship

Contract has been conceptualized as a species of promise. Treating contractual promise as a kind of promise highlights certain important aspects of contracting, but it also obscures essential differences between legally binding and everyday, or what I will call “private,” promises. The moral character of a private promise depends on the fact that it is not only freely made but also freely kept. Most contractual promises are not intended to have and (by definition) do not have this voluntary character. A promisor essentially opts out of the private practice of promising when she assigns to a third party the authority …

Massworks: Quality Employment Services: Where Research And Practice Meet, Rick Kugler, Cindy Thomas

MassWorks Series, Institute for Community Inclusion

Providing quality employment services to people with disabilities requires a substantial commitment of time, energy, and resources. Given this investment and our obligation to individuals with disabilities, we as providers must deliver the most effective services possible.

Data Note: National Day And Employment Service Trends In Mr/Dd Agencies, Jean E. Winsor, John Butterworth

Data Note Series, Institute for Community Inclusion

In FY2004, 22% of individuals receiving day supports from state mental retardation or developmental disability (MR/DD) agencies participated in integrated employment while 56.5% of individuals were supported in facility-based settings. While the data demonstrate a continued decrease in the percent of people served in facility-based settings (from 60% in 1999 to 57% in 2004), it also suggests a slight decrease in the percent served in integrated employment (from 25.5% in 1999 to 22% in 2004).

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

Innis Christie Collection

This is a supplementary award. The parties could not agree on the interpretation of a consent award issued the day before this grievance. The issue being the length of time the Grievor was to remain free of illegal drug use. The Union said the 24 months mentioned in the award; the Employer said indefinitely. The counsel for the Employer also suggested that the Arbitrator did not have jurisdiction to decide the matter.

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

Innis Christie Collection

The Grievor had previously been reinstated to her position, with certain conditions. This grievance was submitted by the Union after the Grievor was again discharged for a positive drug test. The parties agreed to a consent award.

This is a consent award. A "last chance" reinstatement is ordered for the Grievor with numerous conditions, which include a treatment program. Jurisdiction is retained regarding any further alleged breach, but not to modify penalty.

Summary Of Manwill V. Clark County, 123 Nev. Adv. Op. No. 28, Erin Phillips

Nevada Supreme Court Summaries

Appeal from district court order denying judicial review in an occupational disease case.

New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana

International Collaborative on Social Europe

When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …

Institute Brief: Increasing Placement Through Professional Networking, Allison Fleming, Diane Loud

The Institute Brief Series, Institute for Community Inclusion

The national percentage of people of working age with disabilities who are employed continues to hover around 37%, compared with 80% for their peers without disabilities. However, according to the Harris Poll (2004), 67% of people with disabilities who are not currently working would like to be. In the late 1990s, a Presidential Task Force began work on improving the employment rate for adults with disabilities, a national priority that was further supported by the New Freedom Initiative of 2001, creating a bipartisan effort. Despite these initiatives, the rate of employment for people with disabilities has not increased.

Introduction, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

On December 1, 2006, the Department of Labor (“DOL”) issued a Request for Information (“RFI”) seeking public comments on the Family and Medical Leave Act (“FMLA”). The RFI was divided into three sections. Part I provided a summary and background of the FMLA, existing DOL regulations, legal challenges, and related issues. Part II described twelve specific topics about which the DOL sought comment.Part III discussed a 2000 Westat Report that estimated the number of employees and employers covered under the FMLA and the number of employees who used the FMLA. According to the DOL, over 15,000 comments were submitted in …

The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of "Serious health condition".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum contains a summary of questions asked in the DOL request for information about the implications of providing accommodations to employees with serious health conditions to enable them to perform their jobs with accommodations, rather than taking FLMA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Light Duty, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about "Light Duty" work.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Fmla Leave Determinations/Medical Certifications, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about FMLA leave determinations and medical certifications.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Definition Of A "Day", Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of a "Day".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Communications Between Employers And Their Employees, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about communications between employers and their employees regarding FMLA rights and obligations.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Substitution Of Paid Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the substitution of paid leave for FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Tools For Inclusion: Minimum Wage Increase: What It Means For People With Disabilities (Updated 2009), David Hoff

Tools for Inclusion Series, Institute for Community Inclusion

This publication provides guidance to individuals with disabilities regarding the increase in minimum wage, with a particular focus on understanding who this increase applies to, the impact of the wage increase on public benefits, and how to deal with issues that may arise with employers.

Controlling Executive Compensation Through The Tax Code, Gregg D. Polsky

Scholarly Works

This article analyzes Internal Revenue Code § 162(m), which in general denies public companies a deduction for annual non-performance-based compensation in excess of $1,000,000 paid to senior executive officers. Congress enacted § 162(m) with the intent to reduce the overall level of executive compensation and to influence the composition of executive compensation in favor of components that are more sensitive to firm performance. Notably, § 162(m) represents the most direct Congressional effort to influence executive compensation design. In light of recent events, Congress is being called upon to once again address the perceived problem of overgenerous executive pay packages. Accordingly, …

Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about attendance policies.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Waiver Of Rights, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about waiver of FMLA rights.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.