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Articles by Maurer Faculty

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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 Jan 1990

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 Jan 1989

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 Jan 1989

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 Jan 1988

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 Jan 1986

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 Jan 1986

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 Jan 1985

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 Jan 1985

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 Jan 1984

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 Jan 1984

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 Jan 1982

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 Jan 1982

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 Jan 1981

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 Jan 1980

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 Jan 1979

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 Jan 1979

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 Jan 1979

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 Jan 1976

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 Jan 1975

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 Jan 1975

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 Jan 1974

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 Jan 1974

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 Jan 1972

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 Jan 1972

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 Jan 1971

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 Jan 1967

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 Jan 1966

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 Jan 1965

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 Jan 1965

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 Jan 1964

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.