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The Catholic University of America, Columbus School of Law

Labor and Employment Law

Articles 1 - 18 of 18

Full-Text Articles in Law

Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings, Roger C. Hartley Jan 2010

Freedom Not To Listen: A Constitutional Analysis Of Compulsory Indoctrination Through Workplace Captive Audience Meetings, Roger C. Hartley

Scholarly Articles and Other Contributions

Workplace captive audience meetings are assemblies of employees during paid work time in which employers compel employees to listen to antiunion and other types of proselytizing. Employers enforce attendance at workplace captive audience meetings by threats of discharge. Typically, employers deny employees the right to ask questions or express disagreement with the anti-union views presented during these mandatory meetings. Soon after the enactment of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) concluded that workplace captive audience meetings discussing unionization are per se unlawful. However, the NLRB reversed course following the enactment of the 1947 Taft-Hartley ...


The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin Jan 2006

The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin

Scholarly Articles and Other Contributions

Part I of this article offers a brief history of the development of the right of employees to co-worker representation. Part II analyzes the Board's June 2004 decision to withdraw Weingarten rights from non-union employees, and Part III explores key policy factors relevant to recognition of an employee's right to the presence of a co-worker in an investigative interview. Part IV argues that, rather than eliminating Weingarten rights for non-unionized workers, the NLRB should take the next available opportunity to reaffirm and enhance these safeguards.


Preemption’S Market Participant Immunity—A Constitutional Interpretation: Implications For Living Wage And Labor Peace Policies, Roger C. Hartley Jan 2003

Preemption’S Market Participant Immunity—A Constitutional Interpretation: Implications For Living Wage And Labor Peace Policies, Roger C. Hartley

Scholarly Articles and Other Contributions

Nationwide, state and local governments are adopting policies that oblige their private-sector business partners to pay employees a "living wage" and/or to agree in various ways not to use public funds to finance anti-union activities. Conventional labor preemption principles would invalidate many of these conditional business arrangements unless they are immunized by preemption's market participant doctrine, first applied in the now decade-old Boston Harbor case. Accordingly, the focus of preemption litigation challenging living wage and labor peace policies ordinarily is the immunity's applicability. Because its reach is subject to widely varying interpretations, there exists a need to ...


Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley Jan 2001

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles and Other Contributions

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core ...


Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley Jan 1998

Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley

Scholarly Articles and Other Contributions

The Taft-Hartley section 8(b)(1)(A)s union discipline cases are linked to the impending collapse of collective bargaining in two ways. At one level, they have helped cause it by denying union majorities an important tool to enforce solidarity during economic disputes with employers and thereby have contributed to the loss of worker empowerment. At another level, the union discipline cases reflect certain shifts in national sentiments with respect to the role of unions and collective bargaining in general and the accommodation of collective bargaining to the competing claims of individuals and employers in particular. This paper is ...


The Supreme Court’S 1991–1992 Labor And Employment Law Term, Roger C. Hartley Jan 1992

The Supreme Court’S 1991–1992 Labor And Employment Law Term, Roger C. Hartley

Scholarly Articles and Other Contributions

No abstract provided.


National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley Jan 1991

National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley

Scholarly Articles and Other Contributions

This article explains how the NLRB, contrary to its protestations of noninterference with internal union affairs, has perfected its grip on union self-governance through control of the union disciplinary processes. The disparity between the Board's policies and its actions discredits the Board's proclaimed abstention.

Second, this article examines whether the NLRB overreaches its regulatory authority through its intervention in the officer selection and discipline processes. NLRB regulation of union discipline rests primarily on section 8(b)(1)(A) of the Labor Management Relations (Taft-Hartley) Act.8 The Board's early decisions under this section, as well as judicial ...


Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley Jan 1989

Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley

Scholarly Articles and Other Contributions

The thesis of this Article is that, now conscripted into the fray, the NLRB must consider free speech and association values embodied in the Constitution and laws when deciding Taft-Hartley dues objector issues. Only then can the NLRB fulfill its congressional mandate, recently discovered and described in Beck, to develop a coherent body of law that accommodates potentially explosive confrontations between dues objectors' right of free expressive association and the union majority's statutory right to organize and bargain collectively on behalf of all represented employees, including dues objectors.

To develop this thesis, the threshold task is to demonstrate that ...


What To Do When Employers Discriminate Against Unions (Part 1), Roger C. Hartley, Florian Bartosic Jan 1987

What To Do When Employers Discriminate Against Unions (Part 1), Roger C. Hartley, Florian Bartosic

Scholarly Articles and Other Contributions

No abstract provided.


What To Do When Employers Discriminate Against Unions (Part 2), Roger C. Hartley, Florian Bartosic Jan 1987

What To Do When Employers Discriminate Against Unions (Part 2), Roger C. Hartley, Florian Bartosic

Scholarly Articles and Other Contributions

No abstract provided.


A Bibliography On Drug Testing In The Workplace, Stephen E. Young, Elizabeth Armitage Jan 1987

A Bibliography On Drug Testing In The Workplace, Stephen E. Young, Elizabeth Armitage

Scholarly Articles and Other Contributions

The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland- Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.


Diluting Relief Under Title Vii: Ford Motor Co. V. Equal Employment Opportunity Commission – Employment Offer Absent Retroactive Seniority Effective In Tolling Backpay, Laurie A. Lewis Jan 1983

Diluting Relief Under Title Vii: Ford Motor Co. V. Equal Employment Opportunity Commission – Employment Offer Absent Retroactive Seniority Effective In Tolling Backpay, Laurie A. Lewis

Scholarly Articles and Other Contributions

This Note will outline the historical trend of favoring an award of the most complete relief possible for victims of employment discrimination through a discussion of case law under title VII and the Labor Management Relations Act (LMRA). It will examine the Supreme Court's decision in Ford Motor Co. v. EEOC and suggest that the Court's imposition of a rigid rule upon lower courts to toll backpay liability reverses the trend. Finally, the Note will consider the impact of this rule upon future title VII litigants. It will conclude that while the rule may vindicate the rights of ...


The Framework Of Democracy In Union Government, Roger C. Hartley Jan 1982

The Framework Of Democracy In Union Government, Roger C. Hartley

Scholarly Articles and Other Contributions

This article ventures into, and attempts to clarify, the context that affects and is affected by the law regulating union government. Drawing extensively from disciplines other than law, it posits a unified role for this body of law by focusing on unions' assigned societal functions and the realities of their structure and government. Part II traces the context in which the law regulating union government develops. It first describes the dual governments unions administer, and the competing interests within each that law must accommodate. It then suggests possible causes of the doctrinal fragmentation observed in the law regulating union government ...


The Employers’ Duty To Supply Information To The Union — A Study Of The Interplay Of Administrative And Judicial Rationalization, Roger C. Hartley, Florian Bartosic Jan 1972

The Employers’ Duty To Supply Information To The Union — A Study Of The Interplay Of Administrative And Judicial Rationalization, Roger C. Hartley, Florian Bartosic

Scholarly Articles and Other Contributions

The imposition of an affirmative obligation on an employer to provide his employees' exclusive bargaining representative with various kinds of information has been one of the most significant developments in the evolution of the concept of good faith bargaining under section 8(a)(5) of the Labor Management Relations Act. This development has been in part a response to the realization that certain information acts as the lubricant needed to keep the collective bargaining machinery running smoothly. It recognizes that the parties can negotiate and administer a collective bargaining agreement only when they have available the information necessary to make ...


Comment, A Primer To Procedure And Remedy Under The Title Vii Of The Civil Rights Act Of 1964, Roger C. Hartley Jan 1970

Comment, A Primer To Procedure And Remedy Under The Title Vii Of The Civil Rights Act Of 1964, Roger C. Hartley

Scholarly Articles and Other Contributions

Title VII of the Civil Rights Act of 1964, Pub. L. 88-352, Title VII, July 2, 1964, 79 Stat. 253, 42 U.S.C. 2000e et seq. [Hereinafter cited as Title VII], is intended to eliminate employment discrimination because of race, color, religion, sex, or national origin. Title VII was enacted on July 2, 1964 but its substantive provisions did not take effect until July 2, 1965. Since that time, there have been more than two hundred published federal court decisions involving private enforcement actions brought under Title VII.

The single most significant impression one draws from reading the decisions ...


On The Waterfront At The Pier’S Edge: The Longshoremen’S And Harbor Worker’S Compensation Act, George P. Smith Ii Jan 1970

On The Waterfront At The Pier’S Edge: The Longshoremen’S And Harbor Worker’S Compensation Act, George P. Smith Ii

Scholarly Articles and Other Contributions

The law relating to longshoremen's remedies abounds with surprising anomalies, hyper-technical distinctions, and bits and pieces of judicial legislation. This situation stems largely from deficiencies in the Longshoremen's and Harbor Workers' Compensation Act of 1927, an inherently inadequate statute greatly distorted by recent judicial interpretation.


Note, Appearance Of Bias As Grounds For Vacating An Arbitrator’S Award – Implications Of Commonwealth Coatings Corp. V. Continental Casualty Co. For Labor Arbitration, Roger C. Hartley Jan 1969

Note, Appearance Of Bias As Grounds For Vacating An Arbitrator’S Award – Implications Of Commonwealth Coatings Corp. V. Continental Casualty Co. For Labor Arbitration, Roger C. Hartley

Scholarly Articles and Other Contributions

Commonwealth Coatings Corp. v. Continental Casualty Co. involved the arbitration of a dispute between two contractors. The reasoning of the opinion of the court contains possible implications for the review of labor arbitration awards challenged on the ground of alleged partiality of the arbitrator. The federal district courts find jurisdiction to vacate labor arbitration awards under Section 301 of the Labor Management Relations Act (LMRA), but nowhere in the LMRA is there an express test of partiality the courts can apply. Section 10 of the United States Arbitration Act provides a statutory test of "evident partiality,"'-but it has been ...


Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley Jan 1968

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles and Other Contributions

No abstract provided.