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Articles 1 - 9 of 9

Full-Text Articles in Law

Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper Nov 1982

Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper

Faculty Scholarship

The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, 19 illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.20 The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …


Vested Seniority Rights: A Conceptual Approach, Francis A. Citera Jul 1982

Vested Seniority Rights: A Conceptual Approach, Francis A. Citera

University of Miami Law Review

Under contemporary jurisprudence, vested seniority rights are considered creatures of contract. As such, they generally are subject to "divestiture" with the termination of the collective-bargaining agreement. Relying upon Zdanok v. Glidden Co. and Locke's labor theory of property, the author argues that seniority rights are property rights derived from the worker's employment independent of the contract.


Labor Relations—Flsa Action Not Barred By Prior Arbitration, Patrick R. James Apr 1982

Labor Relations—Flsa Action Not Barred By Prior Arbitration, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.


Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan Mar 1982

Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan

Dalhousie Law Journal

Canadian academic employment relationships can be said to fall into three categories: 1) The traditional "contract-statute" relationship 2) The collective bargaining relationship, and 3) The "special plan" relationship.1 What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.


First National Maintenance Corp. V. Nlrb: The Supreme Court Narrows Employers' Section 8(A)(5) Duty To Bargain Jan 1982

First National Maintenance Corp. V. Nlrb: The Supreme Court Narrows Employers' Section 8(A)(5) Duty To Bargain

Washington and Lee Law Review

No abstract provided.


Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis Jan 1982

Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis

Cleveland State Law Review

In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …


Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg Jan 1982

Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg

Upjohn Press

Examines a variety of cooperative arrangements and the resulting problems and successes.


Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London Jan 1982

Collective Bargaining And The Fiscal Crisis In New York City: Cooperation For Survival, Arvid Anderson, Marjorie A. London

Fordham Urban Law Journal

As a result of New York City's fiscal crisis in 1975, both the New York state legislature and Congress passed laws aimed at helping the city recover. As a result of this legislation, the federal and state governments became more involved in the city's affairs and were tasked with monitoring collective bargaining between the city and its employees. Labor and management in the public sector were forced to cooperate in order to get out of the financial predicament, and the city survived the crisis. This article examines the changes in collective bargaining laws and practices that occurred as a result …


The Regulation Of Labor Unions, Theodore J. St. Antoine Jan 1982

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.