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Articles 31 - 60 of 98
Full-Text Articles in Labor and Employment Law
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
Cleveland State Law Review
The Workplace Religious Freedom Act is the focus of this note. The Workplace Religious Freedom Act represents another Congressional attempt to fortify the "reasonable accommodations" and "undue hardship" standards of Title VII with regard to religious discrimination in the workplace; the WRFA does go in the face of Supreme Court decisions which have narrowed the scope of those standards, eased burdens on employers, and valiantly guarded the citadel of the First Amendment's Establishment Clause. Specifically, this note will analyze the potential constitutional infirmity of the Workplace Religious Freedom Act in light of Establishment Clause jurisprudence and the Court's rather murky …
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Cleveland State Law Review
This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
Cleveland State Law Review
This article examines the Supreme Court’s 1969 decision in Detroit & Toledo Shore Line Railroad v. United Transportation Union. It discusses the decisions following 1969 that weakened the Shore Line holding and thus undermined one of the principal purposes behind the Railway Labor Act. Part I lays out the background of the Railway Labor Act status quo requirements. Part II delves into the Shore Line decision. Part III explains the effect subsequent status quo decisions have had on the Shore Line holding. Part IV discusses related case law that also impacted the Shore Line holding. And finally, Part V points …
Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly
Evidentiary And Constitutional Implications Of Employee Drug Testing Through Hair Analysis, Theresa K. Casserly
Cleveland State Law Review
This note addresses the legal issues affecting hair analysis as a drug detector. Part II outlines a background of hair analysis. Part III presents the scientific controversy that surrounds hair analysis. Part IV addresses cases involving hair analysis. Part V examines the privacy implications of employee drug testing through hair analysis. Part VI overviews statutes which affect this method of employee drug testing.
What Kulch Accomplished, What Kulch Left Out , Tim L. Sprague, Sandra J. Kerber
What Kulch Accomplished, What Kulch Left Out , Tim L. Sprague, Sandra J. Kerber
Cleveland State Law Review
The general rule that an at-will employee can be discharged at any time for any or no reason is not the case in Ohio, because it has developed a wrongful discharge exception to the employment at-will doctrine. Under this doctrine, an employer who wrongfully discharges an employee in violation of clear public policy is subject to an action for damages. The Ohio legislature enacted the Whistleblower’s Statute, which allows the terminated whistleblower to maintain a cause of action against his employer. The Ohio Supreme Court has strengthened protection by allowing the terminated employee to bring common law action for wrongful …
Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Sandra J. Rosenthal
Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Sandra J. Rosenthal
Cleveland State Law Review
The Kulch case is significant because of its far-reaching impact in the field of employment law. The decision marks the culmination of a trend in Ohio to expand the public policy exception doctrine and provide much needed protection for the rights of employees. Part II of this article discusses the broader development of the public policy exception, and Part III discusses the Kulch case specifically. The author concludes by stating that Kulch has emerged as the seminal Ohio case in employment law relating to the public policy exception, largely because Kulch provides wrongfully discharged employees the means to obtain full …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes
Cleveland State Law Review
Most profit sharing plans provide that the nonvested portion of an employee's profit sharing benefit can be forfeited when the employee incurs a break in service. A break in service often results in termination. Employees can also break their service with an employer by quitting, retiring, dying, becoming disabled, getting laid-off, or being discharged for cause. Some of these methods of incurring a break from service are voluntary while others are involuntary. Whether an employee's profit sharing benefit can be forfeited may depend on whether his break in service was voluntary or involuntary. The issue that will be addressed here …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Cleveland State Law Review
There is little direct evidence about the nature and extent of hiring discrimination in the United States. There is no empirical evidence that discrimination has been eliminated; and even across the political spectrum there is recognition that the problem still persists. As many more claims pertaining to promotions and terminations are filed, there is a misperception that these reflect a more serious problem than that of hiring discrimination. Victims of hiring discrimination are less likely to know that they have been discriminated against, and to have access to information needed to prove it. Thus, as discrimination at the hiring stage …
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Cleveland State Law Review
UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in Johnson …
Osha Criminal Penalty Reform Act: Workplace Safety May Finally Become A Reality, Timothy G. Gorbatoff
Osha Criminal Penalty Reform Act: Workplace Safety May Finally Become A Reality, Timothy G. Gorbatoff
Cleveland State Law Review
Present criminal penalty provisions under the Occupational Safety and Health Act are outdated and inadequate. They provide no meaningful deterrent to potential violators of workplace safety and health standards. This Note is written to assist the reader in understanding the statutory barriers which have hindered criminal enforcement of the OSH Act, and how the OSHA Criminal Penalty Reform Act breaks down these barriers to provide for a more effective criminal penalty structure. It begins with a brief history behind the enactment of the OSH Act and its enforcement record since 1970. Section III moves to a discussion of enhanced criminal …
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
Cleveland State Law Review
The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
Cleveland State Law Review
The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Cleveland State Law Review
On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …
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.
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 …
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 …