Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (34)
- Health Law and Policy (13)
- State and Local Government Law (9)
- Torts (9)
- Constitutional Law (8)
-
- Insurance Law (7)
- Law and Gender (6)
- Science and Technology Law (5)
- Comparative and Foreign Law (4)
- Contracts (4)
- Education Law (4)
- Entertainment, Arts, and Sports Law (4)
- Disability Law (3)
- International Law (3)
- International Trade Law (3)
- Legal Remedies (3)
- Litigation (3)
- Workers' Compensation Law (3)
- Courts (2)
- Family Law (2)
- Intellectual Property Law (2)
- Internet Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Sexuality and the Law (2)
- Agency (1)
- Antitrust and Trade Regulation (1)
- Keyword
-
- Collective bargaining (12)
- Employment law (11)
- Title VII (11)
- Discrimination (10)
- Employment (6)
-
- Employment discrimination (5)
- Genetic discrimination (5)
- Health insurance (5)
- Human Genome Project (5)
- Ohio (5)
- Arbitration (4)
- Drug testing (4)
- Healthcare discrimination (4)
- Kulch v. Structural Fibers (4)
- Labor and employment law (4)
- Labor unions (4)
- Testing in the workplace (4)
- Workmen's compensation (4)
- ADEA (3)
- Age Discrimination in Employment Act (3)
- Americans with Disabilities Act (3)
- Certification (3)
- Employee (3)
- Fair Labor Standards Act (FLSA) (3)
- First Amendment (3)
- Labor law (3)
- Norris-LaGuardia Act (3)
- Privacy (3)
- Private employers (3)
- Sexual harassment (3)
- Publication Year
- Publication
- Publication Type
Articles 121 - 146 of 146
Full-Text Articles in Labor and Employment Law
Hospitals, Unions, And Strikes, Glenn E. Billington
Hospitals, Unions, And Strikes, Glenn E. Billington
Cleveland State Law Review
In April 12, 1967, the majority of the non-professional employees of St. Luke's Hospital of Cleveland, Ohio, members of Local 47, Building Service and Maintenance Union, walked off their jobs and set up picket lines across the entrance of the Hospital. In addition to bringing into the limelight the extremely poor working conditions in modern non-profit hospitals, the strike also pointed out a serious shortcoming of the law in Ohio and most other states. Before we can fully understand the problems of employees in non-profit hospitals, it is useful to briefly review the history of the modern hospital.
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Public Employees' Right To Strike, Marc J. Bloch
Public Employees' Right To Strike, Marc J. Bloch
Cleveland State Law Review
In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Industrial Engineering And The Law, Robert E. Walker, Robert A. Fein
Cleveland State Law Review
BOOM BACKLASH made recent headlines in the May 26th issue of The Wall Street Journal. The sub-heading, "Efficiency Falls and Pay Training Costs Increase as Labor Supply Shrinks" delves into the heart of industrial engineering. This represents, also, an expansive and enigmatic economic problem which is now confronting employers in northern Ohio and western Pennsylvania. It is the job of the industrial engineer to deal with the resulting problems of decreased productivity, contract erosion, and unbalanced labor relations.
Arbitration As A Remedy In Labor Disputes, William F. Powers
Arbitration As A Remedy In Labor Disputes, William F. Powers
Cleveland State Law Review
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive and more expeditious manner, by persons having expertise in labor management relations. Labor arbitration should not be categorized as a substitute for litigation.
Contract Interference By Previous Employer, Robert I. Bendis
Contract Interference By Previous Employer, Robert I. Bendis
Cleveland State Law Review
Whether or not Bennett was correct in his allegation and whether or not his former employer was justified in its act were the questions presented to the court in the case of William Bennett v. Storz Broadcasting Company. The answers to these questions turned on the court's interpretation of the following issues: what acts constitute actionable interference; was the contract of employment between the plaintiff and the defendant, and/or the negative covenant contained therein, valid; was the existence of a contract crucial or even necessary for an action to lie; could there be any justification for the defendant's acts; and …
Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus
Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus
Cleveland State Law Review
In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Cleveland State Law Review
Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …
Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich
Workmen's Compensation For Suicide After Traumatic Injury, Paul Mitrovich
Cleveland State Law Review
Since the institution of the Workmen's Compensation Acts, courts have recognized that in some instances compensation statutes cover suicide. However, these situations are few, and must meet a rigid set of tests before a court will award compensation to the decedent's family or survivors.
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
Cleveland State Law Review
The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …
Horseplay By Employees, Michael Kaye
Horseplay By Employees, Michael Kaye
Cleveland State Law Review
The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Cleveland State Law Review
Unemployment compensation is a type of insurance. As such, it does not cover losses intentionally incurred by claimants. However, the spirit of the Social Security Act of 1935 and of similar laws enacted in all the states affect the qualification or disqualification of a claimant who refuses a job. The broad discretionary powers of administrators and boards of review preclude definitive answer. We must be content with awareness of the tolerance limits indicated by stare decisis and commission rules.
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Cleveland State Law Review
The general doctrine on stare decisis is that when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases, where the facts are substantially the same. Congress on August 11, 1939, amended the Federal Employers Liability Act, and by the sweep of the President's pen the old and archaic defense of assumption of risk was completely eliminated from the Act.
The Runaway Shop, Michael Frenkel
The Runaway Shop, Michael Frenkel
Cleveland State Law Review
One of the most difficult problems in labor law is that of plant removal, better known as the "runaway shop." Here the applicable law is changing and uncertain, yet the advisor must be prepared to answer vital questions. Certainly, one of the most drastic economic weapons in managements' arsenal in battles with labor unions is the runaway shop. This is the device whereby an employer either prevents unionization, or escapes bargaining with an established union, by ceasing operations at his original location and relocating in another, usually distant community. The purpose of this article is to outline the matters which …
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Disposition Of Local's Funds Upon Disaffiliation, Joseph T. Svete
Cleveland State Law Review
Disposition of funds upon a local's disaffiliation from the international union has been one of the most difficult problems for the courts to overcome in the field of Labor Law. The application of common law doctrines to a mobile field requiring flexible approaches posed many problems. Seemingly, a new theory had to be developed every time'a new situation arose since the courts were reluctant to consistently apply any one theory because of its undesirable results. This resulted in the development of six distinct doctrines: "implied condition" or "frustration of purpose," "local autonomy," "trust fund," "unclean hands," "certification" and "breach of …
Employer Immunity In Independent-Contractor Torts In Ohio, Robert Blattner
Employer Immunity In Independent-Contractor Torts In Ohio, Robert Blattner
Cleveland State Law Review
The independent contractor situation differs from most other tort cases in that the employer usually is not the actual tortfeasor. As the contractor is the one who commits the actual wrong, the employer is liable, if at all, only vicariously. One of the main questions becomes not whether the injured party shall recover, but from whom he shall recover. This is the question examined here.
Third Party Actions Against Co-Employees, John E. Martindale
Third Party Actions Against Co-Employees, John E. Martindale
Cleveland State Law Review
Industrial injuries involving intentional torts or situations where the workmen's compensation statute has not been complied with by the employer may, in many cases, relieve the plaintiff of the restrictions placed on his common law rights. It is not our purpose here to explore these exceptions, but to define the extent to which a right of action exists against the coemployee tort-feasor who is clearly within the course and scope of his employment when he inflicts the injury on his fellow worker.
Labor Union Tort Liability, William J. Hotes
Labor Union Tort Liability, William J. Hotes
Cleveland State Law Review
One of the major problems in determination of labor union tort liability is the extent of federal pre-emption of labor law matters-does it preclude either state legislation or court action where interstate commerce is affected?
Non-Profit Hospitals And Labor Unions, Esther Weissman
Non-Profit Hospitals And Labor Unions, Esther Weissman
Cleveland State Law Review
This article examins the relationship between non-profit hospitals and labor unions.
Automation's Impact On Industrial Safety, Donald F. Harrington
Automation's Impact On Industrial Safety, Donald F. Harrington
Cleveland State Law Review
Automation has been variously described as a diabolical scheme of management, as a second industrial revolution, and as merely the next step in the slow evolution away from the "sweat shops" of the past. None of these definitions is completely wrong and none is completely right. As with most concepts that threaten to change existing social and economic patterns, its appraisal depends largely on how it will affect the one making the appraisal. Its importance in law lies chiefly in its impact on safety standards.
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Staggering Punitive Damages Against Labor Unions, Thurlow Smoot
Cleveland State Law Review
The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.
Book Review, Robley D. Evans
Book Review, Robley D. Evans
Cleveland State Law Review
Reviewing Milton Derber and Edwin Young, Labor and the New Deal, University of Wisconsin Press, 1957
Industrial Noise Causing Acoustic Trauma, Heinz Gasser
Industrial Noise Causing Acoustic Trauma, Heinz Gasser
Cleveland State Law Review
Is acoustic trauma an accident, and do the Workmen's Compensation Statutes thus save the employer from being sued in Common Law? Or is it considered an occupational disease, and thus not within the Acts?
The Labor Injunction - Weapon Or Tool, Robert M. Debevec
The Labor Injunction - Weapon Or Tool, Robert M. Debevec
Cleveland State Law Review
An injunction is an order or write issued by a court of equity commanding an individual or group of individuals to do or refrain from doing certain acts. These certain acts may pertain to any one of a variety of matters. Here we are concerned only with the injunction as it is applied to labor organizations or individuals to prevent them from doing or cause them to do certain acts in their relationship to management. Whether these acts are lawful or unlawful is the point which decides whether or not an injunction will be allowed.
Union Security Under Federal Statutes; A Primer, George Maxwell
Union Security Under Federal Statutes; A Primer, George Maxwell
Cleveland State Law Review
Protection against prosecution under the anti-trust acts is extended to a union whenever (1) the union acts in protection of its own interests; (2) acts without combination with employers; (3) does not authorize the illegal acts of its agents officially and (4) is engaged in a labor dispute as defined by the Norris-LaGuardia Act. Whenever these circumstances exist the union is secure against a finding that it is in violation of the anti-trust acts.
Union Security Under Federal Statutes; A Primer, George Maxwell
Union Security Under Federal Statutes; A Primer, George Maxwell
Cleveland State Law Review
Union security is a term with many ramifications, all of which stem from the basic right of a union to represent the employees of a business in their collective bargaining with the employer. A union is secure when its right to represent the employees is embodied in a contract between the union and the employer, containing a clause which assures the union a continuing right of representation. Such a contract clause protects the union from challenge by another union, from repudiation by the membership during the life of the contract and from a refusal by the employer to recognize the …