Labor and Employment Law Commons^™

With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001). The author expected the Court to examine two issues: (1) What is the appropriate interpretation of the statutory phrase "independent judgment" as used in § 2(11) of the National Labor Relations Act in defining which individuals are supervisors; and (2) Who has the burden of proving that an employee meets the definition of supervisor?

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

Journal Articles

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."

Do Agency Employees Have A Right To Union Representation When Questioned By An Oig Investigator? An Analysis Of Nasa V. Flra, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NASA v. Federal Labor Relations Authority, 527 U.S. 229 (1999). The author expected the case to raise the question of whether the Office of Inspector General within a federal agency is acting as a representative of the agency when it conducts investigatory interviews of agency employees, so as to trigger the employee's right to union representation.

The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey

Journal Articles

From the late 1980s to 1990s, most states enacted major revisions to their workers' compensation systems. These law changes aim to restrict benefits for injured workers in response to perceptions that rising workers' compensation insurance costs had reached crisis levels by the late 1980s. This article analyzes the main features of these benefit reforms, and shows how these reforms reveal the problems of the predominant economic efficiency rationales underlying recent retrenchment of social welfare programs in general.

Using workers' compensation as an example, I argue that a premise central to much of contemporary law and policy - the distinction between …

Capturing Volition Itself: Employee Involvement And The Team Act, Johanna Oreskovic

Journal Articles

No abstract provided.

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.

Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson

Journal Articles

In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …

A Standard For Punitive Damages Under Title Vii, Judith J. Johnson

Journal Articles

Under the Civil Rights Act of 1991, the plaintiff in an employment discrimination case who alleges intentional discrimination may recover punitive damages if she demonstrates that her employer engaged in the discriminatory practice with "malice" or "reckless indifference" to federally protected rights. To prove a case of disparate treatment under Title VII, the plaintiff bears the burden of persuading the trier of fact that her employer intended to discriminate against her. In other words, to be liable in a disparate treatment case, the employer has to specifically intend to treat the plaintiff differently based, for example, on her sex. If …

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.

'If I Knew Then What I Know Now': The Role Of After-Acquired Evidence In Employment Discrimination Cases: An Analysis Of Mckennon V. Nashville Banner, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case McKennon v. Nashville Banner Publishing Company, 513 U.S. 352 (1995). The author expected the Court to address whether after acquired evidence of employee misconduct is a complete defense for an employer's termination decision which would otherwise violate the Age Discrimination in Employment Act or is it relevant only to the scope of the remedy afforded to an employee terminated in violation of the Act.

Drug Testing/Use, Sandra S. Klein

Journal Articles

Drug testing is one of the most controversial of recent privacy issues. The bibliography which follows provides the reader with access to a wide range of discussion on this topic which is, or should be, of interest to everyone. Whether in our private lives, or on the job, drug use and drug testing will have an impact on every one of us.

Employee/Employer, Sandra S. Klein

Journal Articles

The issue of privacy as it relates to employment in general is one of great concern, both to employers and employees. Both groups are faced with increasing threats to their individual or corporate privacy. Given that such threats carry personal, economic and social consequences, it is not surprising that many people are concerned. The bibliography which follows provides the reader with many sources which should prove useful to those well-versed in the subject, as well as to those who are looking at this issue for the first time.

Making The Teamsters Safe For Democracy, George Kannar

Journal Articles

No abstract provided.

Pretext Or Pretext-Plus: What Must A Plaintiff Prove To Win A Title Vii Lawsuit? An Analysis Of St. Mary's Honor Center V. Hicks, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993). The author expected the Court to address whether, in the context of an employment discrimination case under Title VII of the Civil Rights Act of 1964, a plaintiff should prevail upon proof that the legitimate, non-discriminatory reasons advanced by the defendant as its motives for an adverse employment action are pretextural.

Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza

Journal Articles

The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Journal Articles

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman

Journal Articles

The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of yellow-dog …

Breaching The Union Constitution: Can A Member Make A Federal Case Of It? An Analysis Of Wooddell V. Ibew Local Union No. 71, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Wooddell v. IBEW Local Union No. 71, 502 U.S. 93 (1991). The author expected the Court to address whether Section 301 of the Labor Relations Management Act creates a federal cause of action under which a union member can sue his union for breach of the union's constitution.

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Journal Articles

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."

Does Title Vii Apply In Saudi Arabia? An Analysis Of Eeoc V. Arabian American Oil Co., Barbara J, Fick

Journal Articles

This article previews the Supreme Court case EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991). The author expected the Court to decied whether Congress intended the mandates of Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination to extend extraterritorially.

Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.

Partial Performance Of Employment Contracts, Geoffrey Bennett

Journal Articles

Commentary on

Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)

"As Best To Subserve Their Own Interests": Lemuel Shaw, Labor Conspiracy, And Fellow Servants, Alfred S. Konefsky

Journal Articles

No abstract provided.

Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery

Journal Articles

No abstract provided.

Property And Suffrage In The Early American Republic, Robert J. Steinfeld

Journal Articles

No abstract provided.

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.

Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick

Journal Articles

This Article focuses on the procedural aspects developed under the National Labor Relations Act in defining the concept of collective bargaining and discusses their applicability to a general theory of negotiation.