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Articles 151 - 180 of 290
Full-Text Articles in Labor and Employment Law
The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley
The Exception Swallows The Rule: Market Conditions As A Factor Other Than Sex In Title Vii Disparate Impact Litigation, Judith A. Pauley
West Virginia Law Review
No abstract provided.
Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law
Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law
West Virginia Law Review
During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …
Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler
Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler
West Virginia Law Review
No abstract provided.
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell
West Virginia Law Review
No abstract provided.
Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg
Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg
West Virginia Law Review
No abstract provided.
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman
West Virginia Law Review
No abstract provided.
Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe
Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe
West Virginia Law Review
No abstract provided.
Employment, Deborah Mchenry Woodburn
Teachers' Union And Employment Rights: A Survey Of West Virginia Law, William B. Flanigan
Teachers' Union And Employment Rights: A Survey Of West Virginia Law, William B. Flanigan
West Virginia Law Review
No abstract provided.
Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan
Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan
West Virginia Law Review
No abstract provided.
Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin
Recent Decisions Under The Federal Mine Safety And Health Act Of 1977, Wray Voegelin
West Virginia Law Review
No abstract provided.
In Wake Of Mandolidis: A Case Study Of Recent Trials Brought Under The Mandolidis Theory--Courts Are Grappling With Procedural Uncertainties And Juries Are Awarding Exorbitant Damages For Plaintiffs, David A. Mohler
West Virginia Law Review
No abstract provided.
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
West Virginia Law Review
Industrial relations and collective bargaining have come a long way since the violent industrial and economic warfare of the pre-1940's period. But as labor unions and business organizations became more facially "professional" in their relationship, some union rank and file members have viewed this professionalism as being both restrictive and conservative and have chosen to resolve certain industrial grievances through the use of wildcat work stoppages. This discordant practice has created strains in the collective bargaining relationship of the negotiating union and the employer, in legal actions to enforce the collective bargaining argeement, in the relationship between the union and …
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams
West Virginia Law Review
No abstract provided.
Survey Of Developments In The Fourth Circuit: 1981
Survey Of Developments In The Fourth Circuit: 1981
West Virginia Law Review
No abstract provided.
Into The Mire Of Uncertainty: Union Disciplinary Fines And Nlra 8(B)(1)(A), James B. Zimarowski
Into The Mire Of Uncertainty: Union Disciplinary Fines And Nlra 8(B)(1)(A), James B. Zimarowski
West Virginia Law Review
The scope and variety of the... problems suggest that Section 8(b)(1) may plunge the Board [National Labor Relations Board] into a dismal swamp of uncertainty. Its vagueness alone, not to mention the broad interpretations put upon it in debates in Congress, encourages the filing of great numbers of charges.... A long period of uncertainty and heavy volume of litigations will be necessary before questions of interpretation can be solved. Professor Cox's prediction has proved to be accurate. The legal parameters of appropriate vis-à-vis inappropriate levying of disciplinary fines is still developing. This development is on a slow case by case …
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
West Virginia Law Review
No abstract provided.
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
West Virginia Law Review
No abstract provided.
Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer
Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer
West Virginia Law Review
No abstract provided.
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
West Virginia Law Review
No abstract provided.
A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons
A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons
West Virginia Law Review
No abstract provided.
Safety In The United Kingdom's Deep Coal Mines, John L. Collinson
Safety In The United Kingdom's Deep Coal Mines, John L. Collinson
West Virginia Law Review
No abstract provided.
Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff
Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff
West Virginia Law Review
No abstract provided.
The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query
The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query
West Virginia Law Review
To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …
Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek
Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek
West Virginia Law Review
Recently, a plethora of concern has surfaced regarding the large and rapidly increasing costs of government regulation and its impact upon the economy and the free market system. Much of this displeasure has focused on a seemingly ideal target-The Occupational Safety and Health Administration (OSHA). OSHA was established in 1970 amidst widespread optimism that it would greatly enhance the employee work environment. This hope, however, was premature; in fact, many commentators argue that, in the ten years since its creation, OSHA has done little to further its objective of improving safety and health in the workplace, despite the large compliance …
Survey Of Developments In The Fourth Circuit: 1980
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark
Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark
West Virginia Law Review
No abstract provided.
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway
West Virginia Law Review
The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …
The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock
The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock
West Virginia Law Review
The arbitration process provides for settlement of disputes through adjudication outside the normal judicial system. In many instances arbitration resolves disputes arising under the terms of a collective bargaining agreement. This type of labor arbitration is referred to as rights arbitration, or more commonly, grievance arbitration. A second type of arbitration, referred to as interest arbitration, is concerned with settling the unresolved terms of the collective bargaining agreement itself. This note will focus solely on grievance arbitration. Grievance arbitration has proliferated, particularly in American industry, in the wake of the United States Supreme Court's 1960 decisions in the Steelworker's Trilogy. …