Law Commons^™

A Straitjacket For Employment At-Will: Recognizing Breach Of Implied Contract Actions For Wrongful Demotion, Gregory M. Munson

Vanderbilt Law Review

For over a century, employment at-will has been the law in almost all American jurisdictions.' As a result, employers can fire their employees, and employees can quit, with or without reason. In addition, employers have the authority under the at-will rule to regulate all terms and conditions of employment. During the past two decades a series of judicial exceptions to the at-will rule that prohibit termination of an employee for a variety of reasons have eroded the at-will doctrine. These exceptions fall into two categories. First, an employer may not terminate an employee for reasons that violate public policy Second, …

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

Innis Christie Collection

Union grievance dated November 13, 1996 alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 10.01 in that the Employer discharged the Grievor without just, reasonable and sufficient cause. On behalf of the Grievor the Union requests that he be reinstated and compensated for all lost rights, earnings and benefits, with interest. At the hearing the Union submitted that a suspension of six months, the period for which the Grievor had then been off work, be substituted.

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White

Scholarly Works

This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …

Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White

William & Mary Law Review

No abstract provided.

Where Are We Now?: Life After Electromation, Rafael Gely

Faculty Publications

Given the expectations that preceded the Board's decisions, and the reactions that followed, it is somewhat surprising how little attention has been given to the decisions the NLRB has issued since Electromation and E.I. du Pont. While in general these recent decisions are consistent with the holdings in Electromation and E.I. du Pont, they provide us with the opportunity to analyze the manner in which the Board is currently dealing with the legality of workplace cooperative efforts. This article explores that issue. Part II of the article provides a brief overview of the workplace cooperative efforts problem. Part III reviews …

Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton

Faculty Scholarship

The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

William & Mary Law Review

No abstract provided.

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.

Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld

Law Publications

No abstract provided.

On-Call Time Under The Fair Labor Standards Act, Eric Phillips

Michigan Law Review

Economic pressures, changing family structures, and technology have increasingly blurred the line between work time and personal time. The rise of independent contracting, the growing number of families in which both parents work, and the. expanding reach of computer networks, fax machines, pagers, and mobile telephones, to provide a few examples, have blurred the once-familiar distinction between work time and leisure time. This distinction is particularly unclear for on-call employees. An on-call employee is one who may be physically away from the workplace but who remains connected to it by telephone, beeper, computer, or radio, and who must respond to …

Re Strait Crossing Joint Venture And Iuoe, Innis Christie

Innis Christie Collection

Union Grievance concerning calculation of overtime pay. Grievance dismissed.

Union grievance alleging breach of Articles 17, 19, and Appendices "A", "B", "C", "D", and "E" the Collective Agreement between the Unions and the Employer dated September 17, 1993, which the parties agreed is the Collective Agreement that governs this matter, in that the Employer paid overtime improperly. The Unions requested that the Employer be ordered to pay overtime in full, with interest.

1996 Pension Simplification, David M. Graf

University of Arkansas at Little Rock Law Review

No abstract provided.

Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Vol. 14, No. 3, Lawrence J. Casazza, Barry J. Shulock

The Illinois Public Employee Relations Report

Contents:

Violence in the Workplace: An Employer's Potential Liability and How to Reduce That Exposure, by Lawrence J. Casazza, Barry J. Shulock

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1996 decisions of the United States Court of Appeals for the Eleventh Circuit in which the court addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the Labor Management Relations Act of 1947 ("LMRA") the Fair Labor Standards Act of 1938 ("FLSA"), the Occupational Safety and Hazard Act of 1970 ("OSHA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

In this survey year, the Eleventh Circuit decided several cases involving these traditional areas of labor law. Due to the volume of cases, this Article …

Employment Discrimination, Richard L. Ruth

Mercer Law Review

The 1996 survey period presented a rather unique year for the Eleventh Circuit in the employment discrimination arena. For example, the long anticipated wave of Americans with Disabilities Act ("ADA") litigation finally reached shore. In a different twist, employers fared better than in past years on summary judgment appeals. Finally, the first reported retaliation case in the Eleventh Circuit arising under the Employee Retirement Income Security Act ("ERISA") was decided. In all, as the following discussion will amply illustrate, it was a very busy year for employment law in the Eleventh Circuit, with significantly more noteworthy cases on appeal.

Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper

Faculty Scholarship

Twenty-four years after pronouncing that "Congress[ ,]... not... this Court[, must remedy] any inconsistency or illogic" in the long standing exemption of baseball, but not other sports from the reach of the antitrust laws,' the Supreme Court last term reduced substantially the uniqueness of Major League Baseball's control over its labor market. The Court did so not by exposing baseball to antitrust attack, but rather by clarifying that restrictions on player labor mobility and freedom of contract imposed by all North American leagues of professional sports teams² also enjoy an exemption from antitrust scrutiny as long as their labor …

Overcoming Collective Action Problems: Enforcement Of Worker Rights, Louise Sadowsky Brock

University of Michigan Journal of Law Reform

In a period of new employment laws, it is important to determine how those laws are enforced, why enforcement of those laws is sometimes limited and how enforcement can be improved. This Note discusses the ways in which the theory of collective action limits enforcement of three employee rights statutes: the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act. Enforcement mechanisms such as class action lawsuits, administrative agencies, employee participation groups, and labor unions represent potential methods of overcoming collective action problems. Each method has its benefits, and the three …

Know Your Rights: A Guide To Employment Law For California Workers, Marci Seville, Maria Blanco, Whitney Gabriel, Anne Yen

Women’s Employment Rights Clinic

The Women's Employment Rights Clinic of Golden Gate University School of Law has written this handbook to help guide California employees who have legal questions regarding their employment. The chapters include broad overviews of different areas of the law. The law changes frequently, and this book contains only basic information. Employees should use this handbook as a starting place for further action and advice; it is not meant to be a substitute for legal counsel.

Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper

Faculty Scholarship

Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.

Therefore, I will present a more …

Re Pictou District School Board And Nstu, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Professional Agree­ment between the Board and the Union made on June 29, 1990, which the parties agreed is the relevant collective agreement here, in that, without proper cause, the Board demoted the Grievor from the posi­tion of Vice-Principal of Trenton High School to the position of teacher. The parties agreed that the grievance was properly filed and is before me in accordance with Article 2 of the Professional Agree-ment. The Union requests an order that the Grievor be reinstated as Vice-Principal and be paid the difference between what he has been paid as a …

Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody

Law Publications

No abstract provided.

Vol. 14, No. 2, Gregory J. Malovance, Margaret R. Gibbs

The Illinois Public Employee Relations Report

Contents:

New Developments in Public Sector Arbitration—The New Trilogy and Much Ado About Nothing, by Gregory J. Malovance, Margaret R. Gibbs

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Confronting Judicial Values: Rewriting The Law Of Work In A Common Law System, James Atleson

Buffalo Law Review

No abstract provided.

A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens

West Virginia Law Review

No abstract provided.