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1993

Labor and Employment Law

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Full-Text Articles in Law

Re Canada Post Corp And Cupw, Innis Christie Dec 1993

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The main issue before me here is whether the new dress code implemented by the Employer April 5, 1992, for uniformed employees, was within the power of the Employer in so far as it provides: The wearing of tags, buttons, stickers and other insignia is not permitted unless prior approval of the Corporation is obtained.


The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack Dec 1993

The Proper Role Of After-Acquired Evidence In Employment Discrimination Litigation, Rebecca White, Robert D. Brussack

Scholarly Works

A new defense to employment discrimination claims has gained acceptance in the lower courts. Employers who allegedly have discriminated against their employees because of race, sex or age are winning judgments on the basis of after-acquired evidence of employee misconduct. The evidence is “after-acquired” in the sense that the misconduct was unknown to the employer at the time the alleged discrimination occurred but was acquired later, often through the use of discovery devices in the employee's discrimination action. Lower courts have accepted the proposition that if the employer would have discharged the plaintiff on the basis of the after-acquired evidence, …


Tempering Title Vii's Straight Arrow Approach: Recognizing And Protecting Gay Victims Of Employment Discrimination, Marie E. Peluso Nov 1993

Tempering Title Vii's Straight Arrow Approach: Recognizing And Protecting Gay Victims Of Employment Discrimination, Marie E. Peluso

Vanderbilt Law Review

Consider the following scenario: Jerry, an outstanding graduate of Superior University's business school, has worked for Moneytree & Cashdollar, a prestigious investment banking firm, for three years. In that period, Jerry's hard work and keen instincts helped increase Moneytree's revenues by several million dollars. In addition, Jerry received two awards for landing important new clients. The firm's managing partners have discussed promoting Jerry to junior vice president, an executive position typically reserved for qualified fifth year employees. Jerry's supervisors and peers enthusiastically commend his dedication and skill. Two weeks before the vote on his promotion, Jerry lured a particularly valuable …


Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter Nov 1993

Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter

Michigan Law Review

In this article, we take an approach fundamentally different from that of the labor law commentators. We start from a broader perspective than is common: successorship is as important an issue for corporate law as it is for labor law. Given that the two principal inputs to the firm are labor and capital, it would be surprising if the laws for labor law successorship were completely different from the laws for corporate law successorship. To the extent that differences exist, those differences should hinge upon differences between the employees' and the creditors' relationships with the firm.


Gilmer: No Justice, No Industrial Peace, J. Clay Smith Jr. Oct 1993

Gilmer: No Justice, No Industrial Peace, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Vol. 10, No. 4, Lisa Salkovitz Kohn Oct 1993

Vol. 10, No. 4, Lisa Salkovitz Kohn

The Illinois Public Employee Relations Report

Contents:

Sexual Harassment Issues in Labor Arbitration: Old Tensions and New Challenges, by Lisa Salkovitz Kohn

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


The Law And Metaphor Of Boycott, Gary Minda Oct 1993

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab Oct 1993

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab

Cornell Law Faculty Publications


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab Oct 1993

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab

Michigan Law Review

The goal of this article is to articulate a coherent framework for understanding the default rules for employment termination. While most observers see chaos here, I find a certain logic in the leading cases. The courts have been boldest when job protection is most appropriate, and they have hesitated precisely when at will plays its most useful role.


The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips Oct 1993

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips

Michigan Law Review

This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.


Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary Oct 1993

Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary

Reports

No abstract provided.


Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Re Canada Post Corp And Cupw, Innis Christie Sep 1993

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Preliminary Issues involving intervention in hearing, scope of available remedies and joinder of grievances.

National union grievance dated December 30, 1991, alleging breach of the collective agreement between the parties bearing the expiry date 31-07-89, but kept in effect by force of legislation, and in particular of arts. 11, 12 and 13, in that the employer designated certain wicket positions as bilingual without justifying, for each position, the need for this change and without regard to the staffing requirements of the collective agreement. The union requests a declaration that this action by the employer was in breach of the collective …


Child Labor In America: An Historical Analysis, Caroline G. Trinkley Sep 1993

Child Labor In America: An Historical Analysis, Caroline G. Trinkley

In the Public Interest

No abstract provided.


Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman Sep 1993

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review

No abstract provided.


St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle Sep 1993

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.


Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper Sep 1993

Age-Based Incentives, Coercion, And The Prospective Waiver Of Adea Rights: The Failure Of The Older Workers' Benefit Protection Act, Michael C. Harper

Faculty Scholarship

The theses of this Article shall be developed in the following manner. Part I shall explain how conditional age-based exit incentive windows can be used by employers to achieve indirectly what the ADEA clearly prohibits when accomplished directly: the removal from employment of a group of employees chosen, at least in part, on the basis of their age. This Part further explains how this removal is accomplished by effectively inducing employees to waive prospectively their future ADEA protection. Part II analyzes the treatment of age-based conditional exit incentives by the courts before the passage of the OWBPA, stressing that the …


Re Canada Post Corp And Cupw (Mackinnon), Innis Christie Jul 1993

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties dated July 31, 1992, and in particular of 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 granted full redress.


And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber Jul 1993

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.


Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross Jul 1993

Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross

Indiana Law Journal

No abstract provided.


Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette Jul 1993

Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette

Washington Law Review

Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after …


Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne Jul 1993

Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne

Washington Law Review

Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of …


Vol. 10, No. 3, Debra I. Danner Esq. Jul 1993

Vol. 10, No. 3, Debra I. Danner Esq.

The Illinois Public Employee Relations Report

Contents:

Making Reasonable Accommodations under the ADA: A Unionized Employer's Dilemma, by Debra I. Danner, Esq.

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt Jul 1993

Meeting The Demands Of Workers Into The Twenty-First Century: The Future Of Labor And Employment Law, Kenneth G. Dau-Schmidt

Indiana Law Journal

No abstract provided.


Employment Discrimination, Peter Reed Corbin, John E. Duvall Jul 1993

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The significant developments during the 1992 survey period in the area of employment discrimination related more closely to statutory changes than to decisions handed down either by the United States Supreme Court or the United States Court of Appeals for the Eleventh Circuit. Of course 1992 will long be remembered as the year that ushered in the much publicized Americans with Disabilities Act ("ADA"), an act that will no doubt become known as the most far-reaching employment legislation of the 1990s. Although no ADA cases have, as yet, progressed to the Eleventh Circuit level, many administrative charges already have been …


Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii Jul 1993

Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …


Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone Jul 1993

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.


Labor Law, Benton J. Mathis Jr., Leigh C. Lawson, Christopher E. Parker Jul 1993

Labor Law, Benton J. Mathis Jr., Leigh C. Lawson, Christopher E. Parker

Mercer Law Review

This Article surveys the 1992 decisions of the United States Court of Appeals for the Eleventh Circuit that impacted the area of traditional labor law. More specifically, the cases addressed in this Article include noteworthy decisions under the National Labor Relations Act ("NLRA"), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA"), the Occupational Safety and Hazard Act ("OSHA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

This Article does not discuss every case decided by the Eleventh Circuit addressing these federal labor laws during the survey year of 1992; also, this Article …


Can Employment Law Arbitration Work?, Mark Berger Jul 1993

Can Employment Law Arbitration Work?, Mark Berger

Faculty Works

Over the course of the 1960s through early 1990s, a wave of Federal and State legislation modified the presumption of an at-will employment relationship with a number of statutes that gave workers rights to not be terminated for suspect reasons. However, these protections made conflicts following termination of employment far more likely, and measures were taken to try to lessen the chance of these becoming litigation. Following the Supreme Court’s decision in Gilmer v. Interstate/Johnson Lane Corporation, the use of mandatory alternative dispute resolution, primarily arbitration, to resolve employment rights claims began to be considered. This article examines whether …


Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie Jun 1993

Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie

Innis Christie Collection

Individual grievances alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer violated Article 1.5.1 and other relevant articles in denying the Grievors leave without pay for the purpose of working in the school system to become eligible to get pensionable service credit, and in denying them the right to transfer pensionable service purchased by them into the Teachers' Pension Plan when they were employed by the Employer.