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Individual Autonomy And Collective Empowerment In Labor Law: Union Membership Resignations And Strikebreaking In The New Economy, David Abraham

Articles

In this Article, Doctor Abraham studies the tensions between individual rights and theories of collective action in the context of union membership resignations and strikebreaking. He argues that recent judicial and executive tendencies to value individual worker autonomy over collective union action are misguided, lacking a basis in both legal precedent and social reality. In support of his view, Abraham first explores the philosophical and historical-sociological roots of labor and labor-capital relations, focusing on the meaning of employment and the history of collective action. Next, he examines the social and legal origins of the judiciary's recent tendency to increase union …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (NonSupervisory): Internal Mail Processing and Complementary Postal Services, which expired December 31, 1982 but was extended to September 20, 1984 by Bill C-124, and in particular of Article 33, in that the Employer failed to provide safety footwear to casual employees in the same fashion as it had been provided to regular employees. The Union requested that I declare that the Collective Agreement applied to casual employees in this respect, direct that they be provided with safety footwear and that those who should have …

Re Canada Post Corp And Association Of Postal Officials Of Canada, Innis Christie

Innis Christie Collection

Employee grievance alleging discharge without Just cause contrary to the Collective Agreement between the parties bearing expiry date December 31, 1986 but which, counsel agreed, had been extended and applies to this matter. The Union requested that the grievor be reinstated and reimbursed for all lost pay and benefits and that all documents relating to the discharge be removed from his personal file. At the outset of the hearing the parties agreed that I was properly seized of this matter and should remain seized after the issue of this award to hear evidence relating to the quantum of compensation, if …

Absolute Immunity For State-Law Torts Under Westfall V. Erwin: How Much Discretion Is Enough?, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

The plaintiff who seeks to maintain an action in tort against a federal employee has basically two choices. First, after complying with various procedural requirements, the plaintiff may initiate suit under the Federal Tort Claims Act (FTCA) against the United States. The act is a waiver of sovereign immunity and, in spite of the existence of exceptions to its coverage, has generally been interpreted broadly.

The other alternative available to the plaintiff is a suit against the employee in his individual capacity based upon either state-law or constitutional tort. One of the employee's first lines of defense against such actions …

Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks

BYU Law Review

No abstract provided.

The Future Of The Disparate Impact Theory Of Employment Discrimination After Watson V. Fort Worth State Bank, Paul N. Cox

BYU Law Review

No abstract provided.

Reconciling Collective Bargaining With Employee Supervision Of Management, Michael C. Harper

Faculty Scholarship

The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Technological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this condition.² Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about economic production as well as governmental authority.

This Article contributes to thought about such institutions …

The Constitutional Exercise Of The Federal Police Power: A Functional Approach To Federalism, Alan N. Greenspan

Vanderbilt Law Review

The Employee Polygraph Protection Act of 19881 (Polygraph Act) prohibits the use of polygraph examinations by private employers actively participating in commerce or producing goods for interstate commerce. Prior to this federal action, forty-one states had addressed the issue of employer use of polygraph examinations. Twelve states and the District of Columbia prohibit employer use of polygraph tests altogether. Of the remaining states, some require licensing of examiners and others regulate the circumstances under which an employer may require polygraph examination of an employee. According to the legislative history, federal legislation is necessary because state regulations are ineffective: existing state …

Reflections On The House Of Labor, Lee Modjeska

Vanderbilt Law Review

Much has been said of the deteriorating condition and possible fall of the house of labor.' This Essay contains some idiosyncratic reflections on certain aspects of the situation. Contrary to the mainstream of thought, my suspicion, to use Justice Frankfurter's words, is that those"economic and social concerns that are the raison d'etre of unions"remain dominant in our society, that unionism may be inevitable if not indispensable, and that our days of relative labor calm may be ending.National labor policy repeatedly has recognized the reality of modern society, viewed against a long history of industrial unrest, that a union is essential …

Women In Non-Traditional Fields And Feminism: An Uneasy Connection, Carroll Wetzel Wilkinson Carroll.Wilkinson@Mail.Wvu.Edu

West Virginia Law Review

No abstract provided.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and compensated for all lost rights, benefits and earnings and that all reports, letters and documents relating to this discharge be removed from his personal file.

Labor—Employment At Will—Public Policy Exception Recognized. Sterling Drug, Inc. V. Oxford, 294 Ark. 239, 743 S.W.2d 380 (1988)., Sarah Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.

Vol. 5, No. 3, Michael A. Loizzi Jr., James L. Stern

The Illinois Public Employee Relations Report

Contents:

The 1986 Immigration Reform and Control Act: An Overview and Update by Michael A. Loizzi, Jr.

Unionism in the Public Sector by James L. Stern

Further References

Successorship And The Duty To Bargain, B. Glenn George

Faculty Publications

No abstract provided.

Implied Contracts And Creating A Corporate Tort, One Way State And Local Government Are Starting To Fight Plant Closings, J. Bradley Russell

West Virginia Law Review

No abstract provided.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Appendix "P" of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86, in that the Employer failed to implement the provisions of Appendix "P" by creating jobs and expanding services in C.U.P.W. staffed outlets. The Union requested an order that the Employer comply with Appendix "P" and, specifically, that the Employer provide the Union with the results …

New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors

Michigan Law Review

A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987 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 or documents relating to this matter be removed from his personal file.

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.

Random Drug Testing In The Employment Context, Idelle Abrams

In the Public Interest

No abstract provided.

Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant

Vanderbilt Law Review

Any discussion of labor-management relations naturally assumes two parties: labor and management. Fundamental to both the industrial philosophy and labor legislation of the United States has been the assumption of mutually exclusive and largely adversarial camps of "employers" and "employees." This rigid dichotomy, however, fails to recognize the existence of a third group of workers that fits neither the labor nor the management typology. These workers are best described as hybrid employees: workers who arguably deserve many of the statutory protections afforded to labor but who may be aligned too closely with the employer's interests to warrant the protection of …

The Viability Of Distinguishing Between Mandatory And Permissive Subjects Of Bargaining In A Cooperative Setting: In Search Of Industrial Peace, Thomas T. Crouch

Vanderbilt Law Review

In July 1985 General Motors entered into an agreement with the United Auto Workers (UAW) setting forth the terms and conditions of a future automobile facility, known as the Saturn Corporation, in Spring Hill, Tennessee. General Motors and the UAW view this project as an unprecedented achievement in "union-management partnership." The goal of the Saturn project is to maintain General Motors'viability as a domestic enterprise through an agreement to build a new subcompact car in the United States. This partnership between the corporation and the UAW will include employee participation and enhanced job security. Faced with mounting competition from overseas …

The Future Of Labor-Management Cooperative Efforts Under Section 8(1)(2) Of The National Labor Relations Actfff, David H. Brody

Vanderbilt Law Review

Much of the current debate concerning labor-management cooperative efforts centers on section 8(a)(2) of the National Labor Relations Act (the Act), which makes dominating, interfering with, or contributing to the formation or administration of any labor organization an unfair labor practice. On its face, this section may inhibit cooperative efforts through a prohibition of management support for employee organizations. The effect of section 8(a)(2), however, need not be so restrictive because of the Act's underlying concern for the effectuation of employee freedom of choice. A concern for employee free choice provides a means for permitting positive cooperative efforts, consistent with …

Introduction: Special Project - Labor Management Cooperation, Journal Staff

Vanderbilt Law Review

In the midst of the industrial strife and upheaval of the 1930s, the United States Congress, with the passage of the National Labor Relations Act (NLRA), established the legal framework that regulates the rights and interests of both labor and management through an adversarial collective bargaining process.' As domestic businesses have expanded to serve a worldwide market, however, the modern labor-management relationship is experiencing intense pressure from foreign competition that is rattling the adversarial process' foundations. In an attempt to raise productivity and quality, many American businesses have participated in cooperative efforts with employees, focusing one employee participation in the …

Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch

Vanderbilt Law Review

This Special Project Note analyzes the labor relations systems of the Federal Republic of Germany, Japan, and Sweden, focusing on the statutory developments as well as the social, political, and economic factors that shape those systems. Parts II through IV discuss the general structure and operation of each of these systems. Part V compares and contrasts these systems to the American system by applying them to a hypothetical corporate merger. Finally, Part VI discusses the feasibility of a partial or total adoption of any of the three foreign systems by the United States.

The Controlled Group Rule For Purposes Of The Withdrawl Liability Provisions Of The Employee Retirement Income Security Act, Israel Goldowitz, Thomas S. Gigot

West Virginia Law Review

No abstract provided.

Substance Testing Vs. Workers' Rights: Litigation And Collective Bargaining Strategies To Protect The Private-Sector Employee, Deborah Stern, James L. Weeks

West Virginia Law Review

No abstract provided.

Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald

Michigan Law Review

This Note examines the differing judicial approaches for reviewing NLRB alter ego findings, and concludes that a fundamental problem with all of the current approaches is the unwarranted consideration of motive in varying degrees. This Note proposes a modified "reasonably foreseeable benefit" standard which does not depend in any degree on the employer's motive for changing its corporate form. Part I discusses the origin and evolution of the alter ego doctrine, including its genesis in Southport Petroleum, the well-settled Crawford Door factors, and the related "successorship" doctrine. Part II analyzes the conflict among the federal courts of appeals over …

Employment Discrimination—Business Necessity And Bfoq Exceptions To Title Vii Extended To Unmarried, Pregnant Youth Services Workers Serving As Role Models. Chambers V. Omaha Girls Club, Inc., 834 F.2d 697 (8th Cir. 1987)., Judith Elane

University of Arkansas at Little Rock Law Review

No abstract provided.