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1985

Labor and Employment Law

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Articles 1 - 30 of 104

Full-Text Articles in Law

Toward A New Model For Union Organizing: The Home Visits Doctrine And Beyond, Leonard Bierman Dec 1985

Toward A New Model For Union Organizing: The Home Visits Doctrine And Beyond, Leonard Bierman

Boston College Law Review

No abstract provided.


The Nlrb And The Politics Of Labor Law, David P. Gregory Dec 1985

The Nlrb And The Politics Of Labor Law, David P. Gregory

Boston College Law Review

No abstract provided.


1984-1985 Annual Survey Of Labor Relations And Employment Discrimination Law Dec 1985

1984-1985 Annual Survey Of Labor Relations And Employment Discrimination Law

Boston College Law Review

No abstract provided.


Providing Illegal Alien Employees A Remedy For Discriminatory Discharge: Sure-Tan, Inc. V. Nlrb, John L. Saccoman Nov 1985

Providing Illegal Alien Employees A Remedy For Discriminatory Discharge: Sure-Tan, Inc. V. Nlrb, John L. Saccoman

BYU Law Review

No abstract provided.


The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet Nov 1985

The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet

BYU Law Review

No abstract provided.


Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr. Oct 1985

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wygant V. Jackson Board Of Education, Lewis F. Powell Jr. Oct 1985

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr. Oct 1985

Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Supreme Court Takes One Step Forward And The Nlrb Takes One Step Backward: Redefining Constructive Concerted Activities, Christina A. Karcher Oct 1985

The Supreme Court Takes One Step Forward And The Nlrb Takes One Step Backward: Redefining Constructive Concerted Activities, Christina A. Karcher

Vanderbilt Law Review

The National Labor Relations Act (NLRA or the Act) governs the relationship between employers and employees in the United States. Specifically, section 7 of the Act 3 defines the basic rights of employees and section 8(a)4 defines employer unfair labor practices. Section 8(a)(1) generally proscribes employers from interfering with employees in the exercise of section 7 rights.' Thus,many unfair labor practice cases turn on whether section 7 of the Act protects the employee activity. Section 7 protects "concerted activities" engaged in "for the purpose of collective bargaining or other mutual aid or protection."' Courts frequently ...


Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin Oct 1985

Some Comments On Obscenities, Health And Safety, And Workplace Values, Robert J. Rabin

Buffalo Law Review

No abstract provided.


Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield Oct 1985

Arbitral Value Judgments In Health And Safety Disputes: Management Rights Over Workers' Rights, James A. Gross, Patricia A. Greenfield

Buffalo Law Review

No abstract provided.


Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler Oct 1985

Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler

University of Michigan Journal of Law Reform

This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan ...


Fifty Years Of The Nlra: An Overview, Arnold Ordman Sep 1985

Fifty Years Of The Nlra: An Overview, Arnold Ordman

West Virginia Law Review

No abstract provided.


Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting Sep 1985

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise ...


Transfer Of Nlrb Jurisdiction Over Unfair Labor Practices To Labor Courts, Guy Farmer Sep 1985

Transfer Of Nlrb Jurisdiction Over Unfair Labor Practices To Labor Courts, Guy Farmer

West Virginia Law Review

No abstract provided.


Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting Sep 1985

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise ...


Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler Sep 1985

Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler

West Virginia Law Review

Discrimination-free employment practices have been mandated in this country for over twenty years, yet all members of American society do not share equal employment opportunities. One need only compare the unemployment rate of blacks to whites to conclude that complexion bears a remarkable relationship to employment experiences. A reminder that the earning power of American women is vastly different than that of men is evidence enough that gender is a factor in employment decisions. Most employers have abandoned their more overtly discriminatory practices such as outright refusals to employ members of racial minorities or women, termination of a woman on ...


Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law Sep 1985

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.


Concurrent Jurisdiction Of Title Vii Actions Sep 1985

Concurrent Jurisdiction Of Title Vii Actions

Washington and Lee Law Review

No abstract provided.


Substantive And Procedural Obstacles To Osha Rulemaking: Reproductive Hazards As An Example, Mark A. Rothstein Aug 1985

Substantive And Procedural Obstacles To Osha Rulemaking: Reproductive Hazards As An Example, Mark A. Rothstein

Boston College Environmental Affairs Law Review

No abstract provided.


Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson Jul 1985

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.


New Directions In Worker Participation And Collective Bargaining, Robert B. Moberly Jun 1985

New Directions In Worker Participation And Collective Bargaining, Robert B. Moberly

West Virginia Law Review

No abstract provided.


Comparable Worth And The Presumption Of Equality: What Does Justice Require, Nancy Matthews Jun 1985

Comparable Worth And The Presumption Of Equality: What Does Justice Require, Nancy Matthews

West Virginia Law Review

No abstract provided.


Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review Jun 1985

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings ...


Keep Your Eyes On Eeoc, J. Clay Smith Jr. May 1985

Keep Your Eyes On Eeoc, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Affirmative Action Has Received Bum Rap, J. Clay Smith Jr. May 1985

Affirmative Action Has Received Bum Rap, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


A Proposal To End Nlrb Deferral To The Arbitration Process, Cornelius J. Peck Apr 1985

A Proposal To End Nlrb Deferral To The Arbitration Process, Cornelius J. Peck

Washington Law Review

In January 1984 the NLRB, reconstituted by President Reagan's appointees, announced significant changes in the Board's policies concerning deferral to the arbitration processes established by employers and unions in their collective bargaining agreements. The new policies are redolent with the politics of a changed administration rather than expertise in labor relations. The changes continue the Board's uncertain treatment of the relationship between its jurisdiction to prevent unfair labor practices and arbitrators' decisions concerning collective bargaining agreements. The newly announced policies are consistent with the conviction that the federal government should sharply reduce its regulatory activities, transferring its ...


Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor Apr 1985

Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor

William & Mary Law Review

No abstract provided.


Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel Apr 1985

Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel

Indiana Law Journal

No abstract provided.


Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke Apr 1985

Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke

Indiana Law Journal

No abstract provided.