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Articles 1 - 30 of 101
Full-Text Articles in Law
The Price Of Equality, Drucilla Stender Ramey
Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward
Washington Law Review
In Thompson v. St. Regis Paper Company, the Washington Supreme Court limited the employer's right to discharge at will employees by carving out three specific exceptions to the at will rule. This approach is a tentative step toward protection of the interests of employees in Washington. However, because many unjustly discharged employees will be unable to frame a complaint that falls within one of these narrow exceptions, the Thompson decision falls short of a comprehensive solution to the problem of unfair discharge.
Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle
BYU Law Review
No abstract provided.
Wildcat Strikes In Health Care Institutions—East Chicago Rehabilitation Center, Inc. V. Nlrb, 720 F.2d 397 (7th Cir. 1983), Cert. Denied, 104 S. Ct. 1414 (1984), Crissa Cugini
Washington Law Review
In 1974, Congress added section 8(g) to the National Labor Relations Act (NLRA), requiring labor organizations in health care institutions to give ten days' notice before striking. In East Chicago Rehabilitation Center, Inc. v. NLRB, the Seventh Circuit Court of Appeals interpreted the ten day notice provision in the context of a wildcat strike by seventeen nurse's aides. A divided court held that the wildcat strikers were not required to give ten days' notice because they were not a "labor organization." The court further held that the strikers were protected even though theirs was a wildcat strike not authorized by …
The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd
The Test Of Employee Status: Economic Relations And Title Vii, Nancy E. Dowd
William & Mary Law Review
No abstract provided.
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
University of Michigan Journal of Law Reform
This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.
The National Labor Relations Act Does Not Preempt A Discharged Permanent Replacement Worker's State Cause Of Action, Stephanie L. Stromire
The National Labor Relations Act Does Not Preempt A Discharged Permanent Replacement Worker's State Cause Of Action, Stephanie L. Stromire
Vanderbilt Law Review
The purpose of this Recent Development is to examine the issues surrounding discharged permanent replacement workers and to discuss problems confronting state courts that try to implement the Belknap decision. Part II of this Recent Development analyzes the legal background leading up to Belknap. Part III examines the Belknap opinion. Part IV criticizes the decision on three fronts and suggests possible ways of addressing the problems that Belknap presents.
Working Class Hero: A New Strategy For Labor, David L. Gregory
Working Class Hero: A New Strategy For Labor, David L. Gregory
Vanderbilt Law Review
It is very rare to find a worthwhile book so fraught with fundamental weaknesses. Fortunately, Aronowitz' flawed conclusions readily can be separated from his fine historical and political analysis of the American labor movement. The first two sections of the book are a legitimate contribution to historical progressive labor scholarship. The broader perspective posited by Aronowitz, the union organizer, may enhance future labor scholarship. The crucial task, however, remains: Progressive labor scholars must move from criticism of conventional labor relations modalities to a formulation of realistic plans for the achievement of full human dignity in the employment environment. Working Class …
Some Observations About The Standards Applied To Labor Injunction Litigation Under Sections 10(J) And 10(L) Of The National Labor Relations Act, George Schatzki
Some Observations About The Standards Applied To Labor Injunction Litigation Under Sections 10(J) And 10(L) Of The National Labor Relations Act, George Schatzki
Indiana Law Journal
No abstract provided.
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Michigan Law Review
This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Buffalo Law Review
No abstract provided.
Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel
Constructive Concerted Activity Under The Nlra: Conflicting Signals From The Court And The Board, Terry A. Bethel
Indiana Law Journal
No abstract provided.
The Employment Training Panel, Annual Report September 30, 1984, Employment Training Panel
The Employment Training Panel, Annual Report September 30, 1984, Employment Training Panel
California Agencies
The Employment Training Panel is helping California, its businesses and workers implement new technologies and foster mature industries to keep California on the cutting edge of competition and enterprise. Since it was created January 1, 1983, the Employment Training Panel has committed $69.6 million to retrain 20,955 workers for jobs that more than 1,500 California employers need done so that the state's economy can continue to grow and prosper. This report describes the Panel's first 18 months of operation.
Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie
Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie
Innis Christie Collection
Under the Collective Agreement, the Company and the Union agreed "to provide safe working conditions, proper and adequate tools, equipment and protective devices". The Union argued that this provision required the Company to provide safety boots. Originally the Company had examined the issue and intended to provide each employee with one pair of safety shoes a year (prior to this, the Company had contributed towards the purchase of safety shoes). Based on the experience of another Company, it was decided not to provide shoes but to initiate a new policy of making a greater contribution to the cost of new …
Union Participation In Oshrc Hearings
Union Participation In Oshrc Hearings
Washington and Lee Law Review
No abstract provided.
Turnabout Toward Fair Play: The Nlrb's Revised Approach To Union Officer Superseniority
Turnabout Toward Fair Play: The Nlrb's Revised Approach To Union Officer Superseniority
Washington and Lee Law Review
No abstract provided.
Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch
Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch
West Virginia Law Review
No abstract provided.
Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden
Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden
West Virginia Law Review
No abstract provided.
Seniority Rights Vs. Racial Quotas, Neal Devins
Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review
Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review
Michigan Law Review
This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.
Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …
Customers, Coercion And Congressional Intent: Regulating Secondary Consumer Boycotts Under The National Labor Relations Act, Larry S. Bush
Customers, Coercion And Congressional Intent: Regulating Secondary Consumer Boycotts Under The National Labor Relations Act, Larry S. Bush
West Virginia Law Review
No abstract provided.
Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer
Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer
All Faculty Scholarship
A covenant not to compete is a contractual restriction upon an individual's ability to compete with another person or entity following the termination of some transaction or relationship between the two. Because of the increasing emphasis in the American economy on technically skilled employees and service oriented businesses, the covenant not to compete has become a standard addition to employment contracts. Moreover, the number of litigated and reported cases may represent only a small percentage of the actual number of employment restrictions currently in force. Regardless of their validity and enforceability, covenants not to compete chill the free movement of …
Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays
Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays
BYU Law Review
No abstract provided.
Fortieth Anniversary Of Steele And Tunstall, J. Clay Smith Jr.
Fortieth Anniversary Of Steele And Tunstall, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Dalhousie Law Journal
Analysis of the Charter and Its Application to Labour Law This paper: (1) lists the provisions of the Charter of Rights and Freedoms1 which may have relevance to labour law; (2) suggests a possible framework for analysis of the provisions, and; (3) applies the provisions and analysis to aspects of labour law.
New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt
New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt
Michigan Law Review
Corporate governance has been discussed in Europe for over 150 years. Indeed, in the 1840's, when the first Corporation Act was enacted in Prussia, three troubling features of the corporate organization form had already been discerned: (I) the vulnerability of small investors who lacked the influence and sophistication to. control the corporation; (2) the risk to creditors and the public created by the limited liability of the corporation, especially when combined with inadequate funds and poorly controlled management; and (3) the power that big corporations could amass economically, by monopolizing markets, and politically, by exerting influence on public opinion and …
Constitutional Law—Tenth Amendment Challenges To Federal Laws, Promulgated Under The Commerce Power, Which Regulate States, Gail Ponder
University of Arkansas at Little Rock Law Review
No abstract provided.
Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun
Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun
West Virginia Law Review
No abstract provided.
Bowen V. United States Postal Service, ___ U.S. ___, 103 S. Ct. 588 (1983), Van Catterton
Bowen V. United States Postal Service, ___ U.S. ___, 103 S. Ct. 588 (1983), Van Catterton
Florida State University Law Review
Labor Law-APPORTIONMENT OF DAMAGES BETWEEN EMPLOYER AND UNION-THE SUPREME COURT'S RECESSION FROM "THE GOVERNING PRINCIPLE"
Keeping Miners Out Of Work: The Cost Of Judicial Revision Of Arbitration Awards, Richard L. Trumka
Keeping Miners Out Of Work: The Cost Of Judicial Revision Of Arbitration Awards, Richard L. Trumka
West Virginia Law Review
No abstract provided.