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 91 - 120 of 146
Full-Text Articles in Labor and Employment Law
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Cleveland State Law Review
This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order …
Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla
Coping And Planning For Uncertainties In The Development Of Exceptions To The Employment-At-Will Doctrine, Robert J. Churilla
Cleveland State Law Review
This Article will focus on how an employer can cope and plan for uncertainties in discharging an employee. After giving a general overview of the employment-at-will doctrine and the development of legal exceptions to its application, the discussion will center on four areas in which employers must address a changing relationship with its employees. These four areas include the planning of employment handbooks, job evaluations, developing personnel policies and planning for wrongful discharge litigation. The Article will conclude with some observations and thoughts on the benefits of coping with and planning for uncertainties in this area of employer-employee relations.
Drug Testing: The Union Perspective, Susan L. Gragel
Drug Testing: The Union Perspective, Susan L. Gragel
Journal of Law and Health
The rapid increase in employer-mandated drug testing for workers raises significant questions concerning individual privacy and liberty. Yet, drug testing questions are not limited to individual claims by affected employees. The sweeping move to test workers through urinalysis also presents serious issues for labor unions in the public and private sectors. The developing concerns and issues for labor organizations are outlined in this presentation.
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
Cleveland State Law Review
On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Journal of Law and Health
Certainly, there are appealing rationales for drug testing many government employees and few would dispute that police and fire personnel should be free of any substances which might undermine their job effectiveness. But while government employees may have lesser expectations of privacy than those in the private sector, the courts readily recognize that they have not abandoned all of their individual rights, and do not hesitate to enforce constitutional protections.
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Journal of Law and Health
Drug testing, or perhaps more appropriately substance abuse testing, is a double-edged sword in the private sector. Not only can the employer be sued as the result of testing but he can be sued for not testing. Private employers find themselves in the classic "damned if you do, damned if you don't" situation. Large corporations are seen as deep pockets when matched against one of their employees and if the plaintiff's lawyer can find an issue and then get his or her case to the jury, corporate pockets can be very deep indeed. Hence, before examining the legal implications of …
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
Journal of Law and Health
The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
Cleveland State Law Review
Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …
Polygraphs In Employment: A State Survey, Enid L. Zafran, Jeffrey R. Stickle
Polygraphs In Employment: A State Survey, Enid L. Zafran, Jeffrey R. Stickle
Cleveland State Law Review
Two types of laws govern the use of polygraphs in the employment setting: those aimed at restricting employers' use of such tests and those delineating the qualifications and conduct of polygraph examiners. This Article will survey and compare the present status of state laws relating to employer use of polygraph testing and the licensing of polygraph examiners. A brief background of the development of the polygraph is included, as well as a description of testing procedures, an assessment of test validity, and recommendations for a national uniform approach to polygraphs.
Public Sector Bargaining In A Democracy - An Assessment Of The Ohio Public Employee Collective Bargaining Law, T. Merritt Bumpass Jr., Keith A. Ashmus
Public Sector Bargaining In A Democracy - An Assessment Of The Ohio Public Employee Collective Bargaining Law, T. Merritt Bumpass Jr., Keith A. Ashmus
Cleveland State Law Review
The purpose of this Article is to examine the Ohio Act in terms of its accommodation of the major theoretical considerations in favor of, or opposed to, public sector collective bargaining. In other words, is the Ohio Act structured so as to maximally achieve the benefits asserted to be available from collective bargaining and to avoid the costs asserted to arise from it? In order to accomplish this task, this Article will briefly summarize major provisions of the Act. An overview of some of the major arguments for and against public sector unionization will then be provided. Once this background …
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
Cleveland State Law Review
Congress has prohibited discrimination in employment by enacting Title VII of the 1964 Civil Rights Act. Section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority. The purpose of Title VII was "the prevention of unlawful employment discrimination and the amelioration and elimination of the effects of past discrimination." To this end, the courts historically have looked at the "effects" of discrimination rather than the "intent" to discriminate, when analyzing a Title VII violation. Recently the Supreme Court, in American Tobacco Co. v. Patterson, has required a showing of intent to …
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Cleveland State Law Review
Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Confidential Employees: A Recommendation For Uniformity, Thomas L. Mcginnis
Cleveland State Law Review
In NLRB v. Hendricks County Rural Electric Membership Corp., the Court held that there is a "reasonable basis in law for the Board's use of the 'labor nexus test." At the same time, the Court declined to address the issue of whether the limited implied exclusion is also proper. This Note will address that open question by tracing the legislative, administrative and judicial treatment of confidential employees. The mode of analysis will be chronological, commencing with the passage of the Act. The analysis will detail the development of the labor nexus standard and the limited implied exclusion and will examine …
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
The Professor As Manager In The Academic Enterprise, Stephen R. Ripps
Cleveland State Law Review
This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Cleveland State Law Review
We have relied so completely on collective bargaining that we have given almost no thought to other ways of moving toward the goal of industrial democracy. Indeed, there is almost an instinctive reaction to any suggestions of alternatives. We must now face the unwelcome fact that collective bargaining is incomplete, and we must fill the places it has not reached. This article has presents not so much proposals to be adopted, but possibilities to be explored. The purpose here is not to reach conclusions, but to urge a beginning.
Union Representation At Investigatory Interviews: The Subsequent Development Of Weingarten, Kathy A. Wireman
Union Representation At Investigatory Interviews: The Subsequent Development Of Weingarten, Kathy A. Wireman
Cleveland State Law Review
NLRB v. J. Weingarten, Inc. represented a major breakthrough in the area of employee due process rights by establishing the basic framework of the right to representation. However, many questions remain unresolved as to exact parameters of this right. The undetermined issues involved such matters as invocation of the right, waiver, duty of fair representation, the scope of the employer's responsibility, the role of the union, and extension of the right to employees not represented by a union. Some of these questions have been dealt with by the National Labor Relations Board (hereinafter the Board), the courts, and arbitrators. This …
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Cleveland State Law Review
Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Cleveland State Law Review
The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).
Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill
Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill
Law Faculty Articles and Essays
Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Cleveland State Law Review
The Norris-LaGuardia Act was enacted in 1932 to curb the unbridled use of the federal injunction as a remedy in labor-management disputes. After enactment of the Norris-LaGuardia Act, labor unions grew and gained substantial collective bargaining power. Congressional policy then shifted to encouraging the effective enforcement of collective bargaining agreements between employers and unions. Subsequent to enactment of the LMRA, the no-strike obligation and arbitration procedures became standard bargained-for provisions. However, Judges soon refused to enjoin strikes in alleged violation of no-strike clauses, basing their decisions on the force of section 4. Employers contended that the more recent section 301 …
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
Cleveland State Law Review
This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Cleveland State Law Review
Titile VII of the Civil Rights Act of 1964 and other supporting acts and laws have established certain employment rights for the vast majority of employees throughout the United States, and the procedures for enforcing those rights. Substantial efforts have been made by federal and state agencies, as well as minority interest groups, to publicize the laws and their enforcement procedures. In 1974 it can be safely assumed that virtually all employees affected by the equal employment laws are familiar with their rights or, minim- ally, know where to obtain sufficient information to be fully apprised of those rights. Surprisingly, …
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Arbitration Of Right Of Employee To Self-Expression, Harold D. Smith
Cleveland State Law Review
The conflicting interests dealt with by arbitration cases summarized in this paper involve management's right to direct an employee's behavior and the employee's right to retain control over his behavior. Many arbitrators attempt to balance these interests on the theory that (1) an individual's rights are modified to some extent when he voluntarily accepts those responsibilities which accompany his entering an employee relationship; and (2) a contractual right to discharge for just cause, does not equip the employer with an absolute right to direct the employee to do or not to do anything which the employer feels would promote the …
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Subcontracting Arbitration: How The Issues Are Decided, Edwin H. Jacobs
Cleveland State Law Review
The purpose of this paper is to determine what, if any, particular criteria are currently being used by arbitrators in deciding subcontracting controversies involving labor and management where a contract exists between the parties. The failure of traditional standards in the evaluation of subcontracting controversies has long been evident. The view here taken opposes those standards and indicates that there is a soundly based and readily analyzed common factor, available as a basis for the determination of these disputes.
Occupational Safety And Health Act Of 1970, Lee Hornberger
Occupational Safety And Health Act Of 1970, Lee Hornberger
Cleveland State Law Review
More than fourteen thousand workers died as a result of occupationally related accidents in 1970. This is more than died in Vietnam during the same period. During the 1960's, more than 150,000 Americans died under similar conditions. This was in spite of occupational safety and health legislation in most of the states. Federal safety legislation in limited areas had failed to stem the fatal tide in even those limited areas. It had become apparent that unless a new comprehensive approach was used the worksite would become even more deadly than the battlefield. The Occupational Safety and Health Act of 1970 …
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Cleveland State Law Review
Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.
Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty
Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty
Cleveland State Law Review
This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.
Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson
Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson
Cleveland State Law Review
The primary objectives behind the enactment of unemployment insurance programs have been enunciated as follows: Unemployment insurance is a program established under Federal and State law for income maintenance during periods of involuntary unemployment due to lack of work, which provides partial compensation for wage loss as a matter of right, with dignity and dispatch, to eligible individuals. It helps to maintain purchasing power and to stabilize the economy. It helps to prevent the dispersal of the employers' trained work force, the sacrifice of skills, and the breakdown of labor standards during temporary unemployment. However, there are certain requirements a …
Political Rights Of Government Employees, Donald H. Buckley
Political Rights Of Government Employees, Donald H. Buckley
Cleveland State Law Review
There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …