Labor and Employment Law Commons^™

Vol. 24, No. 4, Sara D. Jay, Patricia J. Aletky Ph.D, L.P.

The Illinois Public Employee Relations Report

Contents:

Psychological Evaluation in Labor Arbitration, by Sara D. Jay and Patricia J. Aletky

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 24, No. 3, Jourlande Gabriel

The Illinois Public Employee Relations Report

Contents:

Dismantling the Public Sector Pension "Crisis", by Jourlande Gabriel

Recent Developments

Further References, compiled by Yoo-Seong Song

Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Vol. 24, No. 2, Stephen A. Yokich, J. Stuart Garbutt

The Illinois Public Employee Relations Report

Contents:

Public Employees' First Amendment Rights in the Wake of Garcetti v. Ceballos, Employee Perspectives, by Stephen A. Yokich

Public Employees' First Amendment Rights in the Wake of Garcetti v. Ceballos, Employer Perspectives, by J. Stuart Garbutt

Recent Developments

Further References, compiled by Yoo-Seong Song

Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship? (With C. Kerchner), Martin H. Malin

All Faculty Scholarship

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible. In contrast …

Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Vol. 24, No. 1, Robert C. Long Esq.

The Illinois Public Employee Relations Report

Contents:

The Changing Nature of Pension Plans and Retiree Medical Benefits: What the Private Sector Experience Portends for the Looming Crisis in the Public Sector, by Robert C. Long, Esq.

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 23, No. 4, Arnold G. Rubin

The Illinois Public Employee Relations Report

Contents:

The Injured Public Employee: Accidental Injuries in the Public Sector Workplace, by Arnold G. Rubin

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 23, No. 3, Barry E. Simon

The Illinois Public Employee Relations Report

Contents:

Last Chance Agreements: Shape Up or Ship Out, by Barry E. Simon

Recent Developments

Further References, compiled by Yoo-Seong Song

The Business Of Employing People With Disabilities: Four Case Studies, Alexander A. Boni-Saenz, Allen W. Heinemann, Deborah S. Crown, Linda L. Emanuel

All Faculty Scholarship

This exploratory study examines employer attitudes towards people with disabilities in the labor market. Through in-depth, semi-structured interviews with senior management, human resources staff, directors of diversity, and hiring managers at four corporations, it pinpoints reasons why businesses chose to hire people with disabilities, investigates the perceived benefits and barriers to hiring people with disabilities, and identifies strategies for successfully hiring and retaining workers with disabilities. It fills a gap in examining the attitudes and decision-making processes of U.S. companies that have been leaders in hiring people with disabilities, as well as delving into the special issues of small businesses …

Vol. 23, No. 2, Karl R. Ottosen, Matt Roeschley

The Illinois Public Employee Relations Report

Contents:

The Fire Department Promotions Act, by Karl R. Ottosen and Matthew Roeschley

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 23, No. 1, Gary Bailey

The Illinois Public Employee Relations Report

Contents:

Health Insurance Trends in Interest Arbitration, by Gary Bailey

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 22, No. 4, Rochelle Gordon, Brian Clauss

The Illinois Public Employee Relations Report

Contents:

Privatization of Public Educational Services: The Application of the Doctrine of Successorship in the No Child Left Behind Era, by Rochelle Gordon and Brian Clauss

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 22, No. 3, Vickie A. Gillio, Laura H. Anderson

The Illinois Public Employee Relations Report

Contents:

The Potential Implications of the University of Michigan Cases on Public Sector Employment: Opening Up Leadership in the Public Sector Workplace?, by Vickie A. Gillio with the assistance of Laura H. Anderson

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 22, No. 2, Robin Potter

The Illinois Public Employee Relations Report

Contents:

Overtime Wages and the Suffer or Permit to Work Standard under the Fair Labor Standards Act, by Robin Potter

Recent Developments

Further References, compiled by Yoo-Seong Song

The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Successful Wage Moderation: Trust, Labor Market Centralization, And Wage Moderation In Puerto Rico's Experience With Export-Led Development, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Vol. 22, No. 1, Claire A. Manning

The Illinois Public Employee Relations Report

Contents:

The Conundrum of Leaves, by Claire A. Manning

Recent Developments

Further References, compiled by Yoo-Seong Song

Vol. 21, No. 4, Jeanne M. Vonhof, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

What a Mess! The FMLA, Collective Bargaining and Attendance Control Plans, by Jeanne M. Vonhof and Martin H. Malin

Recent Developments

Vol. 21, No. 3, Carl S. Tominberg, Jill P. O'Brien, Mary-Frances Ryan

The Illinois Public Employee Relations Report

Contents:

Recently Enacted Laws that Impact Public and Private Sector Workplaces, by Carl S. Tominberg, Jill P. O'Brien and Mary-Frances Ryan

Recent Developments

Further References, compiled by Margaret A. Chaplan

The Transformation Of The Professional Workforce, Marion Crain

Chicago-Kent Law Review

For professionals, work is not a commodity to be sold on the market, but a calling that constitutes personal identity while simultaneously conferring a relatively privileged class status. Historically, the professions avoided commodification through a social bargain in which they exchanged their professional expertise and dedication to public service for autonomy, the ability to self-regulate through peer review, and monopoly power over their knowledge base. Over the last twenty-five years, market instability and technological development have fundamentally altered the conditions under which this social bargain was formed, and the professional class has been transformed from self-employed to salaried employee status. …

The Changing World Of Employee Benefits, Maria O'Brien Hylton

Chicago-Kent Law Review

The employee benefits picture, at least for many plan participants and some plan sponsors, is a scary and bleak one. The number of workers with pension coverage is declining, health insurance rates are rising much faster than the rate of inflation, and the number of uninsured continues to rise as well. The decline in union density, the recent boost given by the U.S. Supreme Court to Any Willing Provider ("AWP") laws, and the deluge of recent benefits-related scandals are also all part of this landscape. This Article examines each of these issues, with a focus on reforms that would increase …

Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille

Chicago-Kent Law Review

No abstract provided.

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein

Chicago-Kent Law Review

This Note discusses Enron's lockdown of its 401(k) plan, the effect this decision had on Enron employees' pension funds, and the legal implications of this decision under the current statutory framework, ERISA. It describes the lawsuit filed by Enron employees in an attempt to recover some of the lost funds, as well as the probability of success for that action specifically and similar actions under ERISA in the future.

State Employers Are Not Sovereign: By Analogy, Transfer The Market Participant Exception To The Dormant Commerce Clause To States As Employers, Lara Gardner

Chicago-Kent Law Review

States should be treated as market participants and not be given sovereign immunity under the Eleventh Amendment when they are acting as private employers. Through an expansive reading of the Eleventh Amendment, the Supreme Court has restricted the right of state employees to sue under federal statutes intended to protect employees when the state is the employer and claims sovereign immunity. Under the market participant exception to the dormant Commerce Clause, if a state is acting as a market participant, rather than as a market regulator, it is no longer bound by the restraints of the Commerce Clause. The reasons …

Commentary: Organized Professionals Can Be Effective Producers, Robert M. Tobias

Chicago-Kent Law Review

No abstract provided.

Vol. 21, No. 2, Gilbert Feldman

The Illinois Public Employee Relations Report

Contents:

Illinois Public Employee Unions Get the Card Check as an Alternative Method of Gaining Recognition, by Gilbert Feldman

Recent Developments

Further References, compiled by Margaret A. Chaplan