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Articles 451 - 480 of 584
Full-Text Articles in Labor and Employment Law
The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock
The Pebble In The Shoe: Making The Case For The Government Employee, Joan R. Bullock
Journal Publications
This Article addresses the issue of whether federal government employees should be able to use the False Claims Act, also known as the "federal whistleblower statute," to personally benefit from uncovering fraud against the government during the course of their employment. The Article addresses, therefore, the apparent collision between two policies: on the one hand, the federal government has a compelling interest in vigorously pursuing those contractors who defraud it; on the other hand, the government has an interest in not encouraging its own investigators to enrich themselves by bringing personal suits for damages against the target of their investigations.
An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman
An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman
Michigan Law Review
This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …
Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick
Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick
University of Michigan Journal of Law Reform
We would first like to respond to one aspect of Levy's Article before discussing our proposal. Levy seems to argue as a general matter that "joint committee" determinations should not receive the same deference as arbitral resolutions. After establishing some of the basic analytic parameters in Part I of this Response, we argue in Part II that Levy's distinction between joint committees and arbitral resolutions has no relevance to disputes concerning contractual rights, and is useful only in the context of disputes concerning statutory rights. In Part III, we outline a framework for analyzing internal union review procedures that will …
Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy
Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy
University of Michigan Journal of Law Reform
In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …
Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar
Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar
Michigan Law Review
This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick
University of Michigan Journal of Law Reform
Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …
Deferral And The Dissident, Paul Alan Levy
Deferral And The Dissident, Paul Alan Levy
University of Michigan Journal of Law Reform
I discuss two examples involving a dissident group, Teamsters for a Democratic Union (TDU), that vividly illustrate the problems with NLRB deferral. I then examine the development and evolution of the NLRB's policies concerning deferral to arbitration. Next, I review the statutory- and policy-based arguments advanced for and against deferral. I attempt to assess the best reasons given for the deferral doctrine, while showing why, at least in its current incarnation, NLRB deferral doctrine is contrary to the requirements of the NLRA. More specifically, I show that, to the extent that deferral has some legitimate basis, it is founded on …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl
Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl
Faculty Articles and Papers
No abstract provided.
The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras
The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras
UIC Law Review
No abstract provided.
A Regulatory Model For Genetic Testing In Employment, Jack F. Williams
A Regulatory Model For Genetic Testing In Employment, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman
Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman
University of Michigan Journal of Law Reform
Current Board policy forbids issuing a bargaining order in this situation, where there is no objective evidence of majority support for a union, even though the bargaining ·order may be the only effective remedy for extreme employer unfair labor practices. The Board's refusal to issue nonmajority bargaining orders (NMBOs), grounded in its fear of imposing a union on unwilling employees, has left it impotent to remedy the most severe employer unfair labor practices. This Note examines arguments for and against the Board's use of NMBOs and concludes that NMBOs are within the scope of the Board's remedial powers and should …
The National Labor Relations Board's Policy Of Deferring To Arbitration, James I. Briggs, Jr.
The National Labor Relations Board's Policy Of Deferring To Arbitration, James I. Briggs, Jr.
Florida State University Law Review
No abstract provided.
The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet
The Preemptive Effect Of Osha's Hazard Communication Standard Outside The Manufacturing Sector, Toby A. Threet
BYU Law Review
No abstract provided.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman
UIC Law Review
No abstract provided.
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
An Alternative To The Traditional Rulemaking Process: A Case Study Of Negotiation In The Development Of Regulations, Robert L. Sachs Jr.
An Alternative To The Traditional Rulemaking Process: A Case Study Of Negotiation In The Development Of Regulations, Robert L. Sachs Jr.
Villanova Law Review (1956 - )
No abstract provided.
Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review
Michigan Law Review
This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Survey Of Developments In The Fourth Circuit: 1980
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Stephen B. Goldberg, Julius G. Getman, Jeanne G. Getman
Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Stephen B. Goldberg, Julius G. Getman, Jeanne G. Getman
Michigan Law Review
The response to the study in the academic journals was extensive, particularly in light of its multidisciplinary nature, which could be seen as calling for reviewers capable of assessing not only the labor law recommendations, but also the data collection methodology and the statistical analysis. One law review dealt with the multidisciplinary nature of the study by inviting a psychologist and a law teacher to write a joint review, and another law review published separate reviews by a lawyer, a professor of labor law, a labor economist, a professor of industrial relations, and a labor reporter and editor. Most legal …
Miscellaneous, Various Editors
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
University of Richmond Law Review
Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …
Regulation Of Uninsured Multiple-Employer Trusts Under Erisa: An Open Question Again?, John A. Adams
Regulation Of Uninsured Multiple-Employer Trusts Under Erisa: An Open Question Again?, John A. Adams
BYU Law Review
No abstract provided.
Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie
Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 31, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;
The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie
The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie
Innis Christie Collection
APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 19, 1979, pursuant to Section 26 of the Trade Union Act by adding to the classifications of employees excluded from the bargaining unit contained in L.R.B. No. 1996, dated September 18, 1973, the following: Unit Supervisor, Head Nurse (Special Unit), and Head Nurse, other than Head Nurse, Operating Room;
United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie
United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie
Innis Christie Collection
On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …
Rationalizing Administrative Searches, Michigan Law Review
Rationalizing Administrative Searches, Michigan Law Review
Michigan Law Review
At the outset, this Note examines the major decisions concerning administrative searches. Specifically, it traces the development of a warrant requirement and of the corresponding lower standard of probable cause announced in the Camara and See decisions. Subsequent modifications of that seemingly absolute rule are then analyzed. To develop a framework for evaluating administrative search cases, Section II groups those principal Supreme Court cases, along with pertinent lower court opinions, into three tiers of fourth amendment protection: administrative searches that require a warrant based on a traditional criminal standard of probable cause; administrative searches that require a warrant based on …