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Articles 91 - 120 of 152
Full-Text Articles in Labor and Employment Law
State Civil Service Law—Civil Service Restrictions On Contracting Out By State Agencies—Washington Federation Of State Employees V. Spokane Community College, 90 Wn. 2d 698, 585 P.2d 474 (1978), Timothy P. Dowling
Washington Law Review
This note will analyze the Spokane court's rationale for adopting the "nature of the services" test, which generally prohibits contracting for services which could be performed by civil service employees. The note argues that the Spokane rule is unsound for reasons of public policy, and contrary to the result reached in all but one jurisdiction which has addressed the issue. Finally, a rule will be proposed which would adequately protect the civil service system without unnecessarily hampering administrative flexibility and governmental economy in the areas where the 1979 Act is not applicable.
Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe
Washington Law Review
Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …
Nlrb Election Law, Cornelius J. Peck
Nlrb Election Law, Cornelius J. Peck
Washington Law Review
A book review essay considering Union Representation Elections: Law and Reality, by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman (1976).
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Washington Law Review
This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.
The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe
Washington Law Review
In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …
Unemployment Compensation—Spouse's Relocation Due To Employment Is A Compelling Person Reason Constituting Good Cause For Voluntary Termination—Ayers V. Department Of Employment Security, 85 Wn. 2d 550, 536 P.2d 610 (1975), Pamela A. Okano
Washington Law Review
This note will analyze the impact of Ayers upon the traditional dual administrative test of "no alternative" and "preservation of employment" used to determine whether, under the particular facts and circumstances, "compelling personal reasons"' meeting the statutory requirement of good cause for voluntary termination of employment exist. Although the Washington court did not discuss this test, the Ayers decision should not be construed as a rejection of its continued vitality. In addition, this note will analyze the factors which should be considered when applying the "no alternative" and "preservation of employment" standards to spouse relocation situations in the wake of …
Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter
Washington Law Review
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …
Labor Law—Educational Employment Relations Act—Legislative Silence And The Function Of Courts In Teachers' Strike Injunction Suits—Ch. 288, [1975] Wash. Laws, 1st Ex. Sess. 1227, Richard Alcorn
Washington Law Review
Although the Washington State Legislature has enacted several statutes providing for collective bargaining in public employment, until recently it avoided the complex issues arising out of breakdowns in negotiations between local school boards and certificated teachers' representatives. In 1975, after considerable debate and a number of unsuccessful attempts, the legislature adopted the Educational Employment Relations Act (EERA) defining the rights and duties of parties to collective bargaining in the education sector. The measure is a response to the increasing militancy of teachers as a professional employee group, the apparent ineffectiveness of anti-strike injunctions, and the lack of inducements to bargain …
Employment Discrimination—Nlrb Certification Of Discriminatory Unions As Governmental Action—Bekins Moving & Storage Co., 211 N.L.R.B. No. 7, 86 L.R.R.M 1323 (1974), Diane Rees Stokke
Employment Discrimination—Nlrb Certification Of Discriminatory Unions As Governmental Action—Bekins Moving & Storage Co., 211 N.L.R.B. No. 7, 86 L.R.R.M 1323 (1974), Diane Rees Stokke
Washington Law Review
A local labor union, an affiliate of the Teamsters Union, filed a petition with the National Labor Relations Board (the Board) pursuant to Section 9(c) of the National Labor Relations Act (NLRA) seeking to represent the employees of a moving and storage company. At a preelection hearing conducted pursuant to Section 9(c)(1) of the NLRA, the employer argued that the union should be disqualified from seeking certification because it engaged in "invidious discrimination" against women and Spanish-speaking and Spanish-surnamed persons. The Board held that it will entertain the employer's motion at a post-election hearing, and then only if the allegedly …
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Washington Law Review
The Alaska District Court recently confronted this conflict in IBEW v. Teamsters. The IBEW was the certified collective bargaining agent of an employee unit, and had signed a no-raiding agreement with the Teamsters. In violation of the agreement, Teamsters representatives solicited authorization cards from employees already represented by the IBEW, and, upon obtaining the required number of cards, filed a petition for certification as bargaining agent with the Board. At the hearing before the Board to determine whether to conduct an election, the IBEW asserted the no-raiding agreement as a bar to the Teamster's petition. The Board ordered an election …
Privacy, The Prospective Employee, And Employment Testing: The Need To Restrict Polygraph And Personality Testing, Donald H.J. Hermann Iii
Privacy, The Prospective Employee, And Employment Testing: The Need To Restrict Polygraph And Personality Testing, Donald H.J. Hermann Iii
Washington Law Review
Criticism of personality and polygraph testing has taken three forms: challenges to the reliability and validity of such testing; concern about the dissemination and availability of testing data; and fear of the loss of personal liberties through invasion of privacy, imposition of psychological inhibitions, and compulsion toward conformity. The question of dissemination of personnel data and the growth of personal dossiers has been dealt with extensively elsewhere, and is generally beyond the scope of this article. This article will consider legal challenges to the reliability and validity of such testing. The scientific criticism of polygraph and personality testing has been …
Labor Relations—Federal Court Injunctions Against Concerted Strike Activity: Norris-Laguardia And Taft-Hartley Accommodated—Boys Markets, Inc. V. Retail Clerk;S Union, Local 770, 398 U.S. 235 (1970), Anon
Washington Law Review
Employer and Union were parties to a collective bargaining agreement in which Union had promised not to strike and each had promised to submit to binding arbitration at the request of the other. A dispute arose, and Union, in spite of the agreement, called a strike and began picketing Employer's building. After attempting unsuccessfully to invoke the grievance and arbitration procedures specified in the agreement, Employer obtained a temporary restraining order forbidding continuation of the strike Union then removed the case to the federal district court and moved to quash the state court's restraining order. Employer, in opposition, moved for …
Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck
Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck
Washington Law Review
Enactment of Title VII of the Civil Rights Act of 1964, with a provision for the awarding of attorneys' fees, opened new opportunities for attorneys in private practice to represent victims of employment discrimination. Within recent years the Act has been predominate in litigation involving racial discriminaton in employment, but imaginative attorneys appealing to innovative courts have used other statutory and common law sources for fashioning relief. The 1866 Civil Rights Act, by analogy to its recent application to discriminatory housing practices, offers an important remedy against racial discrimination to employees. It also promises a protection, not found in Title …
Employment Contracts—Covenants Not To Compete: Inseverable And Unreasonable Covenants Not To Compete May Be Enforced To A Reasonable Extent.—Wood V. May, 73 Wn. 2d 307, 438 P.2d 587 (1968), Anon
Washington Law Review
Plaintiff-employer sought to prevent defendant-employee from competing with him in the horseshoeing business within a proscribed area and time as set forth in an employment agreement between them. The trial court found the area of restriction to be excessive and thus unreasonable and refused to modify the covenant not to compete. It held that the unreasonable restriction was not severable from the remainder of the covenant and that the whole covenant was thus unenforceable. Plaintiff appealed, claiming error in the findings of unreasonableness and indivisibility and in the refusal to modify or enforce the covenant. The Washington Supreme Court upheld …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Washington Law Review
Defendant union struck the Florida East Coast Railroad in a dispute over work rules, and began picketing plaintiff railroad terminal company which serviced the Florida East Coast and other railroads. Defendant's picketing was designed to stop plaintiff from servicing trains of the struck railroad which were being operated by replacement crews. The district court, holding the Norris-LaGuardia Act inapplicable, enjoined the picketing on the theory that it interfered with obligations owed by plaintiff terminal company to the railroad arising from an agreement, a previous injunction, and the Interstate Commerce Act. On appeal, the Fifth Circuit Court of Appeals reversed. Held: …
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Washington Law Review
No abstract provided.
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Washington Law Review
Defendant union struck the Florida East Coast Railroad in a dispute over work rules, and began picketing plaintiff railroad terminal company which serviced the Florida East Coast and other railroads. Defendant's picketing was designed to stop plaintiff from servicing trains of the struck railroad which were being operated by replacement crews. The district court, holding the Norris-LaGuardia Act inapplicable, enjoined the picketing on the theory that it interfered with obligations owed by plaintiff terminal company to the railroad arising from an agreement, a previous injunction, and the Interstate Commerce Act. On appeal, the Fifth Circuit Court of Appeals reversed. Held: …
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Washington Law Review
No abstract provided.
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Washington Law Review
There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.
Judicial Creativity And State Labor Law, Cornelius J. Peck
Judicial Creativity And State Labor Law, Cornelius J. Peck
Washington Law Review
That courts must and do make law is a proposition which no longer admits of debate. What remains debatable, however, is whether they choose the proper subjects and occasions for exercising their lawmaking powers as well as whether the products which they fashion are the best or most suitable for governing the affairs to which they will apply. Logically these questions involve separable issues, although there is a noticeable tendency on the part of some commentators to refer to the products of which they disapprove as judicial legislation and to those of which they approve as fine examples of common …
Philippine Labor Law—A Survey, Perfecto Fernandez
Philippine Labor Law—A Survey, Perfecto Fernandez
Washington Law Review
No abstract provided.
The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan
The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan
Washington Law Review
In carrying out its statutory responsibility to determine whether a unit of craft employees, rather than a broader unit, is appropriate for purposes of collective bargaining, the National Labor Relations Board (hereinafter referred to as the Board) ordinarily must strike a balance between sharply conflicting interests. One or more groups of specially skilled workmen will desire to be disassociated from other employees in order to obtain relatively superior terms and conditions of employment. The employer will probably oppose separate representation for the specialists, believing it not conducive to stable labor relations. And often an incumbent union, which has represented the …
State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow
State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow
Washington Law Review
The general problem to be considered here is that of the employer's insolvency and consequent inability to pay wages which have already been earned. More specifically this comment examines the various types of state legislation designed to assist employees in the collection of these earned but unpaid wages, with primary consideration directed to those statutes which enable the employee to circumvent the limitations of the federal Bankruptcy Act. State wage priority statutes are therefore not included, nor are general creditor collection devices, criminal sanctions against non-payment of wages, and laws authorizing the assignment of wage claims to an administrative agency …
Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder
Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder
Washington Law Review
"We... hold that a person is not automatically ineligible for unemployment compensation simply because he engages in some remunerative activity of a personal or self-directed nature. Respondent... was unemployed within the meaning of RCW 50.04.310."' In these words the Washington Supreme Court permitted the recovery of unemployment compensation, under our statute, by a claimant who, though temporarily unemployed, assisted in the operation of his dairy farm.
Labor Law—Labor Disputes—Federal Pre-Emption Of Jurisdiction, Harold D. Johnson
Labor Law—Labor Disputes—Federal Pre-Emption Of Jurisdiction, Harold D. Johnson
Washington Law Review
The doctrine of federal pre-emption of jurisdiction over labor disputes was given a significant application by the Washington Supreme Court in 1961. In Freeman v. Retail Clerks Union, Local No. 1207, the court held that since the "controversy is within the 'arguably subject' rule of San Diego Bldg. Trades Council v. Garmon ..." the state courts lacked jurisdiction to grant an injunction against peaceful picketing.
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Washington Law Review
Since the passage of the labor reform legislation of 1959, a member of a labor organization engaged in an industry affecting commerce has certain federally-recognized rights in addition to his rights under state law. In many instances he may have a choice between a state and a federal forum when he seeks a remedy against his union. In this Comment, the federal rights and remedies and the existing Washington law will be examined in broad summary form1 in order to evaluate the factors influencing the choice of forum.