Law Commons^™

Cal-Osha And Federal Osha: Significant Differences, Senate Office Of Research

California Senate

A Senate Industrial Relations Committee Oversight Report.

Is Fraudulent Conveyance Law Efficient?, David G. Carlson

Articles

No abstract provided.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remained in force pursuant to the extention provisions of the Canada Labour Code, and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters and documents relating to this matter be removed from her personal …

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine

Other Publications

The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …

A Status Report On California's Garment Industry, Assembly Subcommittee On Immigration In The Workplace

California Assembly

No abstract provided.

Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton

William Monroe Trotter Institute Publications

There are four major objectives of this research. The first objective is to determine whether and to what extent differences in unemployment rates in Boston among black, Hispanic, and white workers are due to the following: (1) the differences in the percentage of individuals in each group who experience a spell of unemployment at one time or another during the year, that is the incidence of unemployment; or (2) the differences in the average number of spells of unemployment during the year, that is the frequency of unemployment; or (3) the differences in the average length of time a spell …

Re Canada Post Corp And Canadian Union Of Postal Workers, Innis Christie

Innis Christie Collection

Policy Grievance relating to grievance procedure. Grievance allowed.

At issue here is the binding effect of an arrangement between the parties in the Atlantic region which allows for the "Level 2" hearing in grievances relating to absenteeism to be held at Halifax rather than at the employer's head office. Also at issue was the question of whether the implication of this arrangement is that the union has the option of using the expedited arbitration procedure set out in paras. 13 to 25 of app. "E" to the collective agreement for such grievances.

Re Canada Post Corp And Cupw (Clarke And Steiner), Innis Christie

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 15 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired December 31, 1982 but was extended by Bill C-124 to September 30, 1984, in that the Employer bypassed the grievors in the administration of equal opportunity for overtime. The Union requested that the grievors be paid amounts equal to the amounts they would have been paid had they not been bypassed on the occasions in question.

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

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 21 or Article 20 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave, or, alternatively, Article 20 in that the Employer refused to allow sick leave. The Union requests that the grievor be paid for three hours and twenty minutes of special leave, or, alternatively, that he …

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

Innis Christie Collection

Employee grievance alleging that the Employer violated Article 21 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave. The Union requests that the grievor be paid for one hour and fifty minutes of special leave.

Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Wrongful Dismissal Legislation, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging that the Employer violated the Collective Agreement between the parties with respect to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986, and in particular Article 15 in that the Employer by-passed the grievor in the administration of equal opportunity for overtime.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievances alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986 and in particular Article 31, in that the Employer notified the griever, Richard, that he was to be held responsible for a wicket shortage which occurred in his wicket credit in the amount of $188,84, and the grievor Clark that he was to be held responsible for a wicket shortage which occurred in his wicket credit in the amount of $37.36. The Union requests that each griever not be held responsible …

A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel

Faculty Publications

No abstract provided.

Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann

Faculty Scholarship

While grievance arbitration is the most common method of resolution of disputes arising under collective bargaining agreements, the author proposes that there is also a place for grievance mediation. The author compares mediation to arbitration and negotiation, and describes the strengths and weaknesses of mediation. She explains how mediation clauses in labor agreements could be enforced under section 301 of the LMRA, to protect rights created by those agreements, and proposes that mediation clauses be a basis for injunctions against strikes during the term of an agreement in certain situations. However, the author suggests that courts and the National Labor …

Youth Employment And Unemployment: Outreach Initiatives In Massachusetts And The City Of Boston, James Jennings, William J. Stracqualursi, Zaki A. Sakin

William Monroe Trotter Institute Publications

An effort is made here to identify trends in the labor market participation of teenagers, especially in the Commonwealth of Massachusetts and in the City of Boston; to specify unemployment trends in terms of the racial identification of teenagers or youth, with a special focus on the 14-19 year old cohort; to describe the types of jobs held by teenagers and make an assessment of the long-term implications of types of employment for future employability; to specify the most frequently identified issues* delineated when attempting to address the problem of youth unemployment; to permit young employed people to speak about …

Collective Bargaining And The Coase Theorem, Stewart J. Schwab

Cornell Law Faculty Publications

Foreign Farm Workers In The U.S.: The Impact Of The Immigration Reform And Control Act Of 1986, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The enactment of the Immigration Reform and Control Act of 1986 ("IRCA"), popularly known as the Simpson-Rodino Act, was in large part spurred by Congressional desire to exercise more effective control over the influx of foreign farm workers in this country. This is not a new issue; the U.S. has admitted temporary foreign agricultural workers since 1917, and their entry has always been the subject of heated debate. Between 1942 and 1964 the "bracero" program allowed Mexicans to work temporarily in U.S. agriculture, but this program resulted in massive civil rights and labor violations and depressed wages in the Southwest. …

Reports, Awards, And Opinions 1987-2, 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 the Transport Workers Union of America Local 100, New York Bus Service, and Local Union 455, International Brotherhood of Electrical Workers, among others.

Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier

Dianne Pothier Collection

A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department …

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

Scholarly Articles

No abstract provided.

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

Scholarly Articles

No abstract provided.

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

Scholarly Articles

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.

Reports, Awards, And Opinions 1987-1, 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 Boston Edison Company, Unity Lodge Local 405, U.A.W, and the Connecticut State Employees Association, Engineering, Scientific & Technical Unit P-4, among others.

Rebuilding The Barriers: The Trend In Employment Discrimination Class Actions, Judith J. Johnson

Journal Articles

Congress intended that employees vindicate the rights given them under Title VII of the Civil Rights Act of 1964 by private action. For several years private actions proved to be very successful in eliminating employment discrimination. Recent decisions of the Supreme Court and lower courts have limited the effectiveness of the private employment discrimination suit as a major deterrent and remedy for such discrimination. This is especially true in the area of class action suits, which have been the single most effective tool in eliminating employment discrimination. Many courts today interpret Rule 23, the federal rule governing class action suits, …

Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer

Scholarly Works

Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.

A Regulatory Model For Genetic Testing In Employment, Jack F. Williams

Faculty Publications By Year

No abstract provided.