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Articles 1 - 6 of 6

Full-Text Articles in Law

Plant Closures And Relocations Under The National Labor Relations Act, Peter F. Munger, Stephen X. Munger, Thomas J. Munger Sep 1988

Plant Closures And Relocations Under The National Labor Relations Act, Peter F. Munger, Stephen X. Munger, Thomas J. Munger

Georgia State University Law Review

No abstract provided.


Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald Apr 1988

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 ...


Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.


Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi Jan 1988

Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi

Articles by Maurer Faculty

No abstract provided.


Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of ...


The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen Jan 1988

The Law And Economics Of Collective Bargaining: An Introduction And Application To The Problems Of Subcontracting, Partial Closure, And Relocation, Michael L. Wachter, George M. Cohen

Faculty Scholarship at Penn Law

No abstract provided.