Law Commons^™

Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi

University of Michigan Journal of Law Reform

Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies.

Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees.

Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized …

Backward Progress Toward Reinstating Parental Rights, Lashanda Adams

Journal Articles

States have passed reinstatement statutes to address the increased number of legal orphans in the foster care system. For the most part, however, these laws have been inadequate to address the problem because they are motivated by a view of terminated parents that does not fit current realities. Terminated parents have typically been viewed as obstacles to permanence rather than a realistic placement option. The laws often punish parents who opposed the termination of their parental rights and reward those who voluntarily signed relinquishments.

Reinstatement statutes alone are inadequate to address the growing concern over youth aging out of foster …

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien

St. John's Law Review

(Excerpt)

This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Acceptance Of Payments Reinstates Mortgage: Bank Of America V La Jolla Group, 2005, Roger Bernhardt

Publications

This article discusses a California case which held that a lender’s acceptance of a trustor’s payment curing default on a deed of trust reinstated the trustor’s loan, thus rendering the later nonjudicial foreclosure sale invalid.

Reinstatement Claims Under The Family And Medical Leave Act Of 1993: Leaving Behind The Inter-Circuit Chaos And Instating A Suitable Proof Structure, Amy Stutzke

NYLS Law Review

No abstract provided.

The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox

Kentucky Law Journal

No abstract provided.

Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.

Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, Debra Pogrund Stark

Oklahoma Law Review

No abstract provided.

Residential Liens And Foreclosures (Oklahoma Focus), Monica Amis Wittrock

Oklahoma Law Review

No abstract provided.

Character And Fitness Requirements For Bar Admission In New York, Avrom Robin

Touro Law Review

No abstract provided.

Rethinking Independence: The Lack Of An Effective Remedy For Improper For-Cause Removals, Tracey A. Hardin

Vanderbilt Law Review

Despite persistent constitutional questions, United States administrative agencies have grown in influence during this century.' Much of this controversy has centered around Congress's ability to control the removal of administrative officials constitutionally. In an effort to retain control of administrative agencies and in recognition of the need to conduct certain adjudicative functions outside the executive's domain, Congress has sought to create some agencies free from presidential influence. In particular, Congress has focused on at- tempting to limit the President's power to remove administrative officials. Although such limitations have always been controversial, the Supreme Court is generally thought to have resolved …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties dated July 31, 1992, and in particular of Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the Grievor be reinstated and granted full redress.

Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Susie Scott

Innis Christie Collection

On behalf of Professor Vandervort, The Association, pursuant to article 31.5.5 of the 1991-2 Collective Agreement, contests the President’s recommendation to the Board of Governors that she be dismissed, on the ground that reasons for dismissal do not exist.

There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman

Publications

No abstract provided.

Promoting Fairness: A Proposal For A More Reasonable Standard Of Constructive Discharge In Title Vii Denial Of Promotion Cases , Richard M. Deagazio

Fordham Urban Law Journal

The constructive discharge rule states that if intolerable working conditions associated with the employer's discrimination force the employee to resign, then the employee will be considered to have been "constructively" discharged on the date of resignation. The employee will be treated as if he or she had been fired by the employer and therefore is eligible for remedies traditionally associated with wrongful termination, such as reinstatement and backpay past the date of "discharge." If the employee has not been constructively discharged, then under the general rule the employee will only be entitled to preresignation backpay. In examples similar to this …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-supervisory): Internal Mail Processing and Complementary Postal Services, which expired July 31, 1989 and remains in force pursuant to the Canada Labour Code, and in particular of Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings, and that all reports, letters and documents relating to this matter be removed from his personal file.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and compensated for all lost rights, benefits and earnings and that all reports, letters and documents relating to this discharge be removed from his personal file.

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987 and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from his personal file.

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.

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

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. on behalf of the grievor the Union requested that he be reinstated to his former position without loss of rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remained in force pursuant to the extention provisions of the Canada Labour Code, and in particular Article 10, in that the Employer released the grievor from employment allegedly without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings and that all reports, letters and documents relating to this matter be removed from her personal …

"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven

Northern Illinois University Law Review

This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.

Re Canada Post Corp And Canadian Union Of Postal Workers, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1985, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. On behalf of the grievor the Union requested that she be reinstated in her former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from her personal file.

Re Canada Post Corp And Canadian Union Of Postal Workers (Arsenault), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, which expires September 30, 1986, in that the Employer discharged the grievor for excessive absenteeism without just, reasonable and sufficient cause. on behalf of the grievor the Union requested that he be reinstated in his former position without loss of wages, earnings, benefits or rights and that all reports, letters and documents relating to the discharge be removed from his personal file.

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Supplementary Award relating to remedies for unjust discharge. Reinstatement ordered.

Re Air Canada And Canadian Airline Flight Attendants Association, Innis Christie

Innis Christie Collection

Grievance over unjust discharge. The grievor was a flight attendant. The grievor was terminated on the last day of her six month probationary period. Being on probation, no grounds needed to be given but the letter discharging her said that she had been found performing below acceptable standards on three (in-flight performance, grooming and attendance) of the four (additionally, personal conduct) categories of evaluation. The union argued that there were other criteria which had set the grievor down as a "marked person" which had nothing to do with the four categories. The union also argued that the grievor was not …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Preliminary motion relating to admissibility of evidence.

On October 13, and 14, 1977, Brian Risdon filed grievances un­der the collective agreement between the parties. In the first he alleged that he had been discriminatorily demoted and sought re­instatement to his former position without loss of salary, senior­ity or benefits. In the second he alleged that he had been dismissed without reasonable cause and disciplined twice for the same alleged conduct and sought reinstatement without loss of benefits, wages or seniority and to have the alleged incident stricken from his record. Both grievances were finally denied by letters of January 30, …