Labor and Employment Law Commons^™

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient To Prove Discrimination Under The National Labor Relations Act,, Michael Hayes

All Faculty Scholarship

Every year in the United States, thousands of employees are illegally fired for joining or supporting unions. These employees must bring their claims to the National Labor Relations Board (the “Board”), which applies its famous Wright Line standard to decide thousands of discrimination cases each year.

Probably the most common issue in labor discrimination cases is “pretext.” In virtually every case, an employer claims that it fired an employee not for an illegal anti-union motive, but for a legitimate business reason. The pretext issue arises when the evidence shows that the legitimate reason asserted by the employer was most likely …

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman

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When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.

The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to …

Fathers And Parental Leave Revisited, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Keeping The Government Out Of The Way: Project Labor Agreements Under The Supreme Court's Boston Harbor Decision, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Labor Is Losing Ground In The Workplace, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Fathers And Parental Leave, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

All Faculty Scholarship

No abstract provided.

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

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This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

The Supreme Court And The Duty Of Fair Representation, Martin H. Malin

All Faculty Scholarship

No abstract provided.

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.

Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Future Of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Evolving Law Of Agency Shop In The Public Sector, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Artificial Intelligence Techniques For Evaluating Employee Terminations On A Personal Computer, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Wrongful Dismissal Legislation, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.