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Articles 61 - 90 of 115
Full-Text Articles in Labor and Employment Law
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Union Security Agreements Under The National Labor Relations Act: The Statute, The Constitution, And The Court's Opinion In Beck, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The Supreme Court's recent decision in Communications Workers of America v. Beck interpreted section 8(a)(3) of the National Labor Relations Act (NLRA) to prohibit the observance of agency shop agreements. By interpreting the statute in this way, the Court avoided the question of whether union security agreements under the NLRA are subject to constitutional scrutiny. The Court's determination that section 8(a)(3) does not allow agency shop agreements was an important decision affecting the enforceability of union security agreements in the vast majority of private sector bargaining agreements.
In this Article, Professor Dau-Schmidt criticizes the Court's interpretation of section 8(a)(3) in …
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Articles by Maurer Faculty
This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.
A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi
A Probit Model Of Nlrb Bargaining Order Cases In The Appellate Courts, Terry A. Bethel, C. A, Melfi
Articles by Maurer Faculty
This study examines NLRB bargaining orders that have gone to appeals courts and ascertains what factors influence whether or not the order is enforced and to what degree these factors influence the likelihood of enforcement. Substantial information has been collected from each reported appellate decision that reviewed NLRB bargaining orders issued over a four-year period. A probit regression model is employed to examine whether factors related to an employer's unfair labor practice campaign are involved in the circuit court's enforcement decisions or if more weight is given to unrelated factors, such as the circuit in which the appeal is heard …
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Articles by Maurer Faculty
No abstract provided.
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel
Articles by Maurer Faculty
This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber
Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber
Articles by Maurer Faculty
In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Ralph F. Fuchs, Jost Delbruck
In Memoriam: Ralph F. Fuchs, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Profiting From Unfair Labor Practices: A Proposal To Regulate Management Representatives, Terry A. Bethel
Profiting From Unfair Labor Practices: A Proposal To Regulate Management Representatives, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
The Rights Of A Mexican Concubine Under Arizona Workmen's Compensation Law, John Flood
The Rights Of A Mexican Concubine Under Arizona Workmen's Compensation Law, John Flood
Articles by Maurer Faculty
The case of Fidel Ochoa Urquijo (deceased), Rosa Elda Velasquez (alleged widow) et al. v. Reidhead Enterprises and State Compensation Fund, decided by the Industrial Commission of Arizona in 1981, considers whether a woman, recognized as a surviving concubine under the laws of the Republic of Mexico, is entitled to widow's benefits under the Workmen's Compensation Act of the State of Arizona (the Arizona Act) upon the death of her Mexican national "husband, " when that death arose out of and in the course of his legal employment with an Arizona employer. Under Mexican law, a surviving concubine of an …
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.
The Taxation Of Employee Fringe Benefits, William D. Popkin
The Taxation Of Employee Fringe Benefits, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Book Review. Equal Employment Policy For Women By Ronnie Steinberg Ratner, Julia C. Lamber
Book Review. Equal Employment Policy For Women By Ronnie Steinberg Ratner, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein
Union Decisions On Collective Bargaining Goals: A Proposal For Interest Group Participation, Eileen Silverstein
Articles by Maurer Faculty
No abstract provided.
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel
Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
Articles by Maurer Faculty
No abstract provided.
Politics, Patronage And Public Employment, Robert M. O'Neil
Politics, Patronage And Public Employment, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Articles by Maurer Faculty
No abstract provided.
Employment Problems And The Law: A Concrete Proposal For Change, Julia C. Lamber
Employment Problems And The Law: A Concrete Proposal For Change, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman
A Critique Of The Report Of The Shreveport Experiment, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
The National Labor Relations Board Voting Study: A Preliminary Report, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Articles by Maurer Faculty
No abstract provided.
The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg
The Myth Of Labor Board Expertise, Julius G. Getman, Stephen B. Goldberg
Articles by Maurer Faculty
No abstract provided.
The Private Lives Of Public Employees, Robert M. O'Neil
The Private Lives Of Public Employees, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman
The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Survey Of North Carolina Case Law: Workmen's Compensation, Philip C. Thorpe
Survey Of North Carolina Case Law: Workmen's Compensation, Philip C. Thorpe
Articles by Maurer Faculty
No abstract provided.
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Section 8 (A) (3) Of The Nlra And The Effort To Insulate Free Employee Choice, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Book Review. The Wagner Act Cases By Richard C. Cortner, Julius G. Getman
Book Review. The Wagner Act Cases By Richard C. Cortner, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
The Midwest Piping Doctrine: An Example Of The Need For Reappraisal Of Labor Board Dogma, Julius G. Getman
The Midwest Piping Doctrine: An Example Of The Need For Reappraisal Of Labor Board Dogma, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.