Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter
City Of Mesquite V. Eighth Jud. Dist. Ct., 135 Nev., Adv. Op. 33, Dylan Lawter
Nevada Supreme Court Summaries
The City of Mesquite asked the Court to determine which statute of limitations (“SOL”) applies to a local government employee's complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation. The City argued that the claims are subject to a six-month limitations period under Nevada’s Local Government Employee-Management Relations Act (“EMRA”). The Court declined to answer the question. Instead, it clarified that there is no private cause of action to enforce a claim against a union for breach of the duty of fair representation in the first instance. But, …
How The Holding In Dent V. National Football League Tackles Collective Bargaining Agreements, Nairi Dulgarian
How The Holding In Dent V. National Football League Tackles Collective Bargaining Agreements, Nairi Dulgarian
Loyola of Los Angeles Entertainment Law Review
In 2014, a group of retired professional football players sued the National Football League (“NFL”), claiming that the league distributed con- trolled substances and prescription drugs to them in violation of state and federal laws. The trial court ruled that the players’ state law claims are preempted by section301 of the Labor Management Relations Act (“LMRA”), and that the players should instead follow the arbitration procedures set out in the agreed upon collective bargaining agreement. However, the Ninth Circuit reversed the NFL’s motion to dismiss on the grounds that the players’ claims are not preempted by section 301. Ultimately, the …
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Sara Slinn
Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …
“Just When I Thought I Was Out . . . .”: Post-Employment Repayment Obligations, Stuart Lichten, Eric M. Fink
“Just When I Thought I Was Out . . . .”: Post-Employment Repayment Obligations, Stuart Lichten, Eric M. Fink
Washington and Lee Journal of Civil Rights and Social Justice
The common law doctrine of “employment at will” has dominated U.S. employment law for over a century. Pursuant to this concept, an employer may discharge an employee at any time for any reason, or for no reason at all. An employee may similarly resign at any time for any reason, or for no reason at all. Despite the rule’s facial even-handedness, it operates against the background of “the deeply rooted conception of the employment relation as a dominant-servient relation rather than one of mutual rights and obligations.” Within that relationship, “the employer [has] the right to impose any requirement on …