Law Commons^™

Re District Health Authority #8 And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated June 27, 2000, alleging breach of Article 9.02(d) of the Collective Agreement between the Employer and the Union effective November 1, 1997 - October 31, 2000, in that after employees go on extended sick leave the Employer continues to reduce the sick leave credits in their sick leave banks by 100 per cent instead of 75 per cent for each hour they would otherwise have worked. The Union requested an order that sick leave credits reduced contrary to the Collective Agreement be restored to each employee's sick leave bank.

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

Re Nav Canada And Catca (Barnes), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging breach of the Collective Agreement between NAV Canada and the Canadian Air Traffic Control Association, signed September, 1999, effective to March 31, 2001, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 13, in that the Employer suspended the Grievor for one day without just cause.

War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein

Faculty Publications

No abstract provided.

Labor's Demographics Report For 2001, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

According to the U.S. Department of Labor, in 2000 the actual number of union members in the U.S. declined by 219,000 from the previous year. The percentage of U.S. wage and salary workers who were unionized dropped from 13.9 percent in 1999 to 13.5 percent in 2000. In comparison, during 1999 the number of union members increased by 266,000. Historically, this increase comprised the largest annual growth in union membership in twenty years. Not since 1979, did a larger increase occur with workers joining unions.2 The decrease in the number and percent of union members in 2000 reflects the continued …

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer

All Faculty Scholarship

In 2000 - 2001, a judicial and General Accounting Office (GAO) ruling precluded federal employee unions from protesting the government's alleged violation of the rules governing the contracting-out procedure because the parties lacked standing. These rulings illustrate how outdated procedures have insulated the government from challenge, and have become matters of particular importance as the government increases its practice of contracting-out. Although these rulings have not closed the tribunal doors to federal employee unions, they have made protests much more difficult, leaving federal employee unions without a forum to protest violations. To better serve the needs of contractors - and …

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

Articles

No abstract provided.

Whose Motive Matters? Discrimination In Multi-Actor Employment Decision Making, Rebecca H. White, Linda Hamilton Krieger

Scholarly Works

The search for a discriminatory motive in disparate treatment cases often is envisioned as an attempt to determine whether a supervisor, despite his denials, consciously acted out of bias, animus or on the basis of “inaccurate and stigmatizing stereotypes” in making an employment decision. Framing the search for discriminatory motive is this way, however, cannot prove fully effective in eliminating discrimination, as individuals may be unaware of their own biases or the influences those biases have had on their own decision making.

The reality of decision making in the employment area, moreover, is that multiple individuals are often involved in …

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells

Scholarly Works

This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the Court's …

Re Izaak Walton Killam Grace Health Centre For Children, Women And Families And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated November 19, 1999, alleging breach of Articles 3, 4 and 8 of the Collective Agreement between the Employer and the Union effective November 1, 1997-October 31, 2000, in that the Employer failed to adjust the wages of Clinical Leaders at the site of the former IWK Hospital to the level of those of Clinical Resource Nurses at the site of the former Grace Maternity Hospital. The Union requested an order that the Clinical Leaders at the IWK site be paid retroactively from November 1, 1997 to August 31, 1998 at the level of the rates paid during …

Re Canada Post Corp And Cupw (078-00-00032), Innis Christie

Innis Christie Collection

This is a policy grievance to determine whether the Employer may use temporary employees to cover extra absences on annual vacation that result from senior employees taking more than four consecutive weeks of vacation. The parties are agreed on the facts, and there is no extrinsic evidence to consider; the Arbitrator is asked to interpret the words of the Agreement and give effect to the intention of the parties.

The grievance fails. The Employer's interpretation is not inconsistent with other articles of the Agreement.

Re Canada Post Corp And Cupw (078-00-00025), Innis Christie

Innis Christie Collection

The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …

Re Canada Post Corp And Cupw (105-95-00438), Innis Christie

Innis Christie Collection

The Union claims that in measuring routes in which the carrier stops the truck and walks in a loop up one side of the street and down the other, the Employer has missed distances on 56 or 57 routes. The Employer's position is that while the system in place does appear to under compensate in the case of loops, the values used in measuring routes are agreed values, and must be accepted.

The grievance fails. The Employer is measuring routes in the manner agreed upon, using accepted values. Whether those values may be appropriate is not a matter for the …

Re Canada Post Corp And Cupw (105-95-00432), Innis Christie

Innis Christie Collection

The Union alleges a breach in the system the Employer has used to deal with bundles of "missorts" and specifically, in that the Employer provided inaccurate 050 forms for letter carrier and motorized mail carrier routes in Saint John. The Employer states that the passage used by the Union to support its allegation applies only to redirected mail, not to missorts.

The grievance fails. The Arbitrator is satisfied that the missorts were not incorrectly dealt with. The provision upon which the Union's argument depends does not apply to Saint John's unit.

Re Canada Post Corp And Cupw (105-95-00435), Innis Christie

Innis Christie Collection

The Union alleges that the Employer has breached the Agreement by failing to assign sortation values for sorting the "buddy's" parcels for all MMC routes in the city of Saint John. The Employer acknowledged that wrong values had been entered, as a result of clerical error, and undertook to make necessary corrections. It also stated that, as agreed upon with the Union, it had made time corrections to some routes to provide for equalization, though this had not been carried out for all routes.

The grievance succeeds in part. The Employer is directed to comply with its understanding with the …

Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Don't Train Your Employees And Cancel Your "1-800" Harassment Hotline: An Empirical Examination And Correction Of The Flaws In The Affirmative Defense To Sexual Harassment Charges, David Sherwyn, Michael Heise, Zev J. Eigen

Cornell Law Faculty Publications

The Supreme Court's two-pronged affirmative defense limiting employer liability for sexual harassment, articulated in the Faragher and Ellerth decisions, generated substantial scholarly commentary. Many scholars were quick to predict how lower courts would apply the affirmative defense. However, many predictions about the affirmative defense were advanced prior to the emergence of a sufficient number of judicial opinions applying it.

In this article we report results of our empirical study of the first 72 post-Ellerth and Faragher opinions involving employers' summary judgment motions that include affirmative defenses in response to allegations of sexual harassment in the workplace. We find that employer-related …

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone

Cornell Law Faculty Publications

In this article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. At the same time, employers and employees have a new understanding of their mutual obligations, a new psychological contract, in which expectations of job security and …

Babin V Day & Ross Inc, Innis Christie

Innis Christie Collection

At the hearing before me the Complainant, Mark J. Babin, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Day and Ross Inc. with whom he had been employed since October 13, 1993. From that date to his termination on February 8, 2000, the Complainant was a driver for the Employer, a trucking company, working out of its Dartmouth depot. Counsel for the Employer took the position that the Complainant had "abandonned" his employment and that I am therefore without jurisdiction to deal with this matter. Alternatively, the Employer took …

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine

Other Publications

A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …

Maine's Development Dilemma, 2001 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

In the face of economic challenges that continue to face Maine and other states in a time of globalization and rapid technological change, economic development is widely seen as essential to the well-being of Maine's economy and to an increased quality of life for its citizens. However, the nature of Maine's economy, natural resource base, and geography creates a difficult dilemma for our state. This is the paradox we face: while some form of economic development is clearly imperative, the long-term misallocation of scarce economic resources in pursuit of this goal, though well-intended, may cause further harm to the economy …

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Dispute Resolution In The Boundaryless Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

Since the Supreme Court's decision Gilmer v. Interstate/Johnson Lane Corp. which compelled an employee to submit his age discrimination claim to arbitration under the Federal Arbitration Act (FAA), there has been a dramatic increase in the number of nonunion firms adopting arbitration systems. At the same time, there has been a flood of lawsuits challenging these employment systems, and a corresponding avalanche of judicial opinions addressing the legal issues left open in Gilmer – issues such as the problematic nature of consent in employment arbitration, the deficiencies in due process, and the applicability of the FAA to employment contracts. These …

Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab

Cornell Law Faculty Publications

In this Article I predict how employment law will change in the future. My task is positive rather than normative. I will not argue that the developments I foresee are good ones to be applauded. Rather, they arise "inevitably" from the way the law will react to changes in labor markets.

Of course, as Professor Ronald Dworkin emphasizes, in developing a theory of law one cannot sharply distinguish between the positive and normative. Dworkin points out that even in describing the current legal framework, one must choose what to highlight and what to ignore, a process based on values. When …

Reports, Awards And Opinions 2001-2002-2, 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 Lawrence Union Free School District, National Grid USA Service, Incorporated, the New York Racing Association, Incorporated, among others.