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1998

Labor and Employment Law

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Articles 1 - 30 of 145

Full-Text Articles in Law

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …


"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish Dec 1998

"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish

William & Mary Bill of Rights Journal

Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …


Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner Dec 1998

Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner

University of Michigan Journal of Law Reform

Current accretion analysis utilizes a variety of factors to determine whether to merge a non-unionized group of employees with a unionized group of employees within the same firm. The present construction of the analysis; however, ignores employee views and potential manipulation of the doctrine. By failing to account for these two important factors, current accretion analysis neglects two key concerns of the National Labor Relations Act - preventing employer discrimination and fostering uncoerced employee action and choice. This Note advocates a better approach, which gives proper weight to employee views and considers employer motive to control against the possibility of …


Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison Dec 1998

Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison

West Virginia Law Review

No abstract provided.


Pregnancy-Based Sex Discrimination, Robert Richard Rico Dec 1998

Pregnancy-Based Sex Discrimination, Robert Richard Rico

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Catca V Nav Canada, Innis Christie Nov 1998

Catca V Nav Canada, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between The Treasury Board of Canada and The Canadian Air Traffic Control Association, signed August 30, 1991 for the period January 1, 1991 - December 31, 1993, as amended by the Memoranda of Understanding between The Canadian Air Traffic Control Association and NAV Canada dated December 13, 1996, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 16 and 17, in that the Employer advised that only two controllers would be permitted to be on leave during each shift cycle under the 1998 summer …


Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie Nov 1998

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties dated July 3, 1997, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 9:03(d), in that the Employer denied the Grievor Long-Term Disability benefits. The Grievance requested "full redress".


Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler Oct 1998

Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler

Thomas C. Kohler

No abstract provided.


The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm Oct 1998

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.


Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


Vol. 15, No. 4, Edwin H. Benn Oct 1998

Vol. 15, No. 4, Edwin H. Benn

The Illinois Public Employee Relations Report

Contents:

A Practical Approach to Selecting Comparable Communities in Interest Arbitrations under the Illinois Public Labor Relations Act, by Edwin H. Benn

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek Oct 1998

The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek

Indiana Journal of Global Legal Studies

No abstract provided.


Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff Oct 1998

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.


Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji Oct 1998

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.


De Minimis Discrimination, Rebecca H. White Oct 1998

De Minimis Discrimination, Rebecca H. White

Scholarly Works

Is there any basis for a de minimis exception to our employment discrimination laws? This Article suggests a way of analyzing the issue of de minimis discrimination that comports with the language of and policies underlying Title VII and also with judicially developed disparate treatment theory. It approaches this project from a normative and doctrinal, not a deontological, perspective. Congress has enacted laws prohibiting discrimination in employment, and the appropriate question, in the first instance, is how those statutes should best be interpreted. Although the focus is on Title VII, the analysis undertaken here may be usefully applied to other …


Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards Sep 1998

Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.


Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley Sep 1998

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.


Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison Aug 1998

Research To Practice: Employing People With Disabilities: Small Business Concerns And Recommendations, Oce Harrison

Research to Practice Series, Institute for Community Inclusion

Survey results from Massachusetts small businesses regarding hiring and employing people with disabilities.


The Continuing Relevance Of Section 8 (A) (2) To The Contemporary Workplace, Michael C. Harper Aug 1998

The Continuing Relevance Of Section 8 (A) (2) To The Contemporary Workplace, Michael C. Harper

Faculty Scholarship

In this article I evaluate the claims of the critics of the current section 8(a)(2). I do so, as I believe would Professor St. Antoine, 14 with an eye toward the historical development of new production systems in America and the concomitant development of personnel policies to fit those systems. I consider the purposes for which firm managers seemed to establish and control employee advisory committees before passage of the NLRA and the purposes for which managers seem to establish and control such committees in today's economy. I conclude that these purposes have not substantially changed. Managers before passage of …


Brisentine V. Stone & Webster Engineering, William White Jul 1998

Brisentine V. Stone & Webster Engineering, William White

Mercer Law Review

In Brisentine v. Stone & Webster Engineering, the Eleventh Circuit Court of Appeals revisited the murky corner of employment law that deals with arbitration agreements. The case is noteworthy because the court, for the first time in the Eleventh Circuit, addressed the issue of whether a compulsory arbitration provision in a collective bargaining agreement precluded a separate action by the employee to protect his statutory rights.


Vol. 15, No. 3, A. Lynn Himes, Sarah E. Joyce Jul 1998

Vol. 15, No. 3, A. Lynn Himes, Sarah E. Joyce

The Illinois Public Employee Relations Report

Contents:

Information Disclosure in Illinois Public Sector Labor Relations, by A. Lynn Himes and Sarah E. Joyce

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan


The Right To Work And Earn A Living Wage: A Proposed Constitutional Amendment, William P. Quigley Jul 1998

The Right To Work And Earn A Living Wage: A Proposed Constitutional Amendment, William P. Quigley

City University of New York Law Review

No abstract provided.


The Division Of Labour: An Examination Of Certification Requirements, Gary Svirsky Jul 1998

The Division Of Labour: An Examination Of Certification Requirements, Gary Svirsky

Osgoode Hall Law Journal

Under Canadian and American labour law, organized workers must be divided into bargaining units. In order to negotiate with employers on behalf of workers, these bargaining units must be certified. This entails receiving the approval of the appropriate labour relations board. The author argues that this requirement informs the outcomes of collective bargaining. This article takes the position that certification is a subtle method for maintaining the existing social order and the consequent distribution of power, without actually appearing to do so. Certification can be understood as a tool for fragmenting the potential power of labour's unity. The present analysis …


Labor Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Labor Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone Jun 1998

Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone

Tools for Inclusion Series, Institute for Community Inclusion

Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.


The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller Jun 1998

The Continuing Validity Of Disparate Impact Analysis For Federal-Sector Age Discrimination Claims , Keith R. Fentonmiller

American University Law Review

No abstract provided.


Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin Jun 1998

Causation In Occupational Disease: Balancing Epidemiology, Law And Manufacturer Conduct, Richard M. Lynch, Mary S. Henifin

RISK: Health, Safety & Environment (1990-2002)

Drs. Lynch & Henefin examine evolution of disease causation theory and its impact on public health, as well as how these relate to the courtroom admissibility of expert opinion evidence.


香港僱員假期的全面修正 = A Complete Revision Of Employees Holiday In Hong Kong, Kwok Keung Chow Jun 1998

香港僱員假期的全面修正 = A Complete Revision Of Employees Holiday In Hong Kong, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

本文集中討論香港僱員的「節假日」這一種落實勞工休息權的類別,並從有關法例亦即《僱傭條例》中法定有薪假日的歷史發展和修訂,以及其在香港政權回歸前後,在施行上所導致的混亂情況加以分析,從而提出需作全面性修正的建議。包括呼籲當局必須盡快將「五﹒一」勞動節假期列為1998 年及以後的公眾假期以取代國慶節翌日、在1998 年及之後,以固定假期取代浮動假期,以及從較長遠的角度考慮在未來10 年內,把法定有薪假日以每兩年增加一天的速度,最終和公眾假期看齊。

This paper discusses "festival holidays" , which is one kind of the right to rest of the workers , in Hong Kong. It analyses the historical development and amendments of the provisions of holiday with pay of the Employment Ordinance and the confusion caused before and after the exercise of the resumption of sovereignty of Hong Kong. A complete revision of the said provisions is required. In this regard , this paper proposes therefore that the Government should amend relevant legislation so as to include the "5-1" Labourer Day as a general holiday in and after …


Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles May 1998

Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles

William & Mary Law Review

No abstract provided.


Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow May 1998

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …