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1985

Labor and Employment Law

Washington Law Review

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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 of pre-election …


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 of pre-election …


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 previous responsibilities to …