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Articles 361 - 390 of 415

Full-Text Articles in Law

The Third Circuit's New Standard For Strike Misconduct Disharges: Nlrb V. W.C. Mcquaide, Inc., Stephen J. Cabot, Kenneth M. Jarin Jan 1977

The Third Circuit's New Standard For Strike Misconduct Disharges: Nlrb V. W.C. Mcquaide, Inc., Stephen J. Cabot, Kenneth M. Jarin

Villanova Law Review

No abstract provided.


Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace Jan 1977

Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace

Villanova Law Review

No abstract provided.


Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid Sep 1976

Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid

West Virginia Law Review

No abstract provided.


Protecting Employee Solicitation - Distribution Rights From Union Waiver, Alan V. Reuther Jan 1976

Protecting Employee Solicitation - Distribution Rights From Union Waiver, Alan V. Reuther

University of Michigan Journal of Law Reform

Section 7 of the National Labor Relations Act guarantees various fundamental rights to employees, including the right to self-organization. Recognizing the inherent superiority of the work place as a situs for organizational activities, the courts and the National Labor Relations Board (hereinafter NLRB or Board) have balanced the property interests of employers against the organizational interests of labor and concluded that employees have the right to distribute literature on the employer's premises in nonworking areas during nonworking time and to solicit support during nonworking time for purposes protected by Section 7, unless special circumstances of production, discipline, or safety are …


The Federal Prudent Man Rule Under Erisa, James D. Hutchinson Jan 1976

The Federal Prudent Man Rule Under Erisa, James D. Hutchinson

Villanova Law Review

No abstract provided.


Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine Jan 1976

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …


The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review Jan 1976

The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review

Michigan Law Review

This Note assesses the impact of Howard Johnson on the labor-law obligations of successor employers. Part I analyzes the prior case law; part II critiques the reasoning of the Howard Johnson opinion; part III considers the merits of a new approach to the successorship problem, suggested in a footnote in Howard Johnson.


Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin Jan 1974

Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin

Villanova Law Review

No abstract provided.


Labor Law - An Employer Does Not Commit An Unfair Labor Practice When, Subsequent To An Impasse In Collective Bargaining, He Locks Out His Regular Employees And Operates With Temporary Replacements, Francis P. Newell Jan 1974

Labor Law - An Employer Does Not Commit An Unfair Labor Practice When, Subsequent To An Impasse In Collective Bargaining, He Locks Out His Regular Employees And Operates With Temporary Replacements, Francis P. Newell

Villanova Law Review

No abstract provided.


Constitutional Law, Various Editors Jan 1974

Constitutional Law, Various Editors

Villanova Law Review

No abstract provided.


Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews Jan 1974

Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews

Villanova Law Review

No abstract provided.


Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine Jan 1973

Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine

Articles

Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …


Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr. Jan 1972

Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.

University of Michigan Journal of Law Reform

This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …


Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson Jan 1972

Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson

University of Michigan Journal of Law Reform

Unlike racial discrimination, age discrimination statutes do not prohibit all forms of discrimination but only those forms that are arbitrary. In this respect age is most analogous to sex as a basis of discrimination: in neither case has a conclusive statutory presumption been made that these factors are irrelevant in an employment situation; in both situations the employer must make his decision to hire or not to hire on the abilities of the individual and not on assumptions, proven or unproven, about the class as a whole. This note considers the extent of arbitrary age discrimination and what measures have …


The 1969 United Mine Workers Election: Why No Pre-Balloting Investigation By The Secretary Of Labor, Edwin S. Hopson Jan 1972

The 1969 United Mine Workers Election: Why No Pre-Balloting Investigation By The Secretary Of Labor, Edwin S. Hopson

Villanova Law Review

No abstract provided.


Unemployment Without Fault: Disqualifications For Unemployment Insurance Benefits, David R. Packard Jan 1972

Unemployment Without Fault: Disqualifications For Unemployment Insurance Benefits, David R. Packard

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell Jan 1972

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell

Villanova Law Review

No abstract provided.


The Dilemma Of The Professoriate, Matthew W. Finkin Jan 1972

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review

No abstract provided.


Labor Law - Successorship - Post-Transfer Viability Of The Bargaining Unit Forms A Sufficient Basis To Impose A Duty To Bargain Upon An Acquiring Employer Even Where The Absence Of Any Connection Between The Predecessor And Successor Precludes More Extensive Liability, Philip M. Cullen Iii Jan 1972

Labor Law - Successorship - Post-Transfer Viability Of The Bargaining Unit Forms A Sufficient Basis To Impose A Duty To Bargain Upon An Acquiring Employer Even Where The Absence Of Any Connection Between The Predecessor And Successor Precludes More Extensive Liability, Philip M. Cullen Iii

Villanova Law Review

No abstract provided.


Mandamus--State Agency Reimbursement Feb 1971

Mandamus--State Agency Reimbursement

West Virginia Law Review

No abstract provided.


Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr. Jan 1971

Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.

Villanova Law Review

No abstract provided.


Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher Jan 1971

Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher

Villanova Law Review

No abstract provided.


Anti-Vietnam War Petition By Risd Museum, Risd Museum, Risd Archives May 1970

Anti-Vietnam War Petition By Risd Museum, Risd Museum, Risd Archives

Protest

Anti-Vietnam War Petition by RISD Museum employees and staff.


Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review Mar 1970

Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review

Michigan Law Review

This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.


Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review Mar 1970

Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review

Michigan Law Review

Litigation arising in connection with the recent bankruptcy of Turney Wood Products, Inc., has brought into issue the general problem of the operation of a bankrupt employer under the federal labor laws. The provisions of both the federal labor laws and the Bankruptcy Act are clear in purpose, but in areas of their interaction they have produced jurisdictional confusion. The situation presented to a single court by the cases arising from the Turney Wood Products bankruptcy provided an ideal vehicle to resolve much of that confusion; in fact, the parties involved viewed it as a test-case situation. But the resulting …


Employee Interrogation As Inherently Destructive Conduct: A New Approach, Howard D. Venzie Jr. Jan 1970

Employee Interrogation As Inherently Destructive Conduct: A New Approach, Howard D. Venzie Jr.

Villanova Law Review

No abstract provided.


Political Defamation: The Price Of Candidacy, James H. Mccauley Jun 1969

Political Defamation: The Price Of Candidacy, James H. Mccauley

West Virginia Law Review

No abstract provided.


Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review Jun 1969

Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review

Michigan Law Review

The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …


Wage Garnishment Should Be Prohibited, William T. Kerr Apr 1969

Wage Garnishment Should Be Prohibited, William T. Kerr

University of Michigan Journal of Law Reform

Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man's wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the "debtor-spiral" of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned …