Labor and Employment Law Commons^™

Reports, Awards,And Opinions 1998-1999-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New England Power Service Company, Pratt & Whitney, and White Plains Bus Company, Incorporated, among others.

Reports, Awards And Opinions 1998-1999-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New England Power Service Company, New York Bus Company, and Pratt & Whitney, among others.

Jurisdictional Restraints On The Federal Labor Relations Authority: A Split In The Circuits, Brian Daniel Pfeiffer

Hofstra Labor & Employment Law Journal

No abstract provided.

Right To Strike: A Comparison Of Canadian And Chinese Law, Tianjiao Yu

LLM Theses

The socialist market economy was written into the Chinese Constitution in 1993. From then on, the Ministry of Labour stopped officially denying the existence of strikes in China. For the past several years, there have been numerous reports of labour unrest. However, there is in no law regulating strikes. Strikes are prohibited in China. This thesis is designed to conduct a comparison of Canadian and Chinese law respecting the right to strike. Chapter I is devoted to analysis of the right to strike under Canadian law in two aspects. The first aspect is the question of whether there is a …

The Arbitral Imperative In Labor & Employment Law, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

For the better part of this decade, labor law scholars have turned their attention increasingly to labor law reform. And for good reason. Private sector unionization has fallen from a high of forty percent in the mid-1950s to a low of about eleven percent today. Many reasons—ranging from employer resistance to unionization to union inability to organize in the Sunbelt—explain this decline. Some scholars even suggest that a critical factor has been the Taft-Hartley Act of 1947, whose amendments to the Wagner Act, it is argued, have erected insurmountable barriers to unionization and collective bargaining.

After fifty years, it seems …

Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii

UIC John Marshall Journal of Information Technology & Privacy Law

The question is "Who owns your web site?" This question is difficult to answer absent a copyright assignment clause since no one knows who the owner of the web site is under current law. There are several problems that occur when a web designer is placed in a position against the hiring party in determining ownership rights to a web site. It is important to distinguish ownership rights to a web site, since most contractual agreements between a web site designer and a hiring party do not address this issue. Every day, hundreds of new web sites are appearing and …

The "Same Actor Inference" In Employment Discrimination: Cheap Justice?, Julie S. Northup

Washington Law Review

In Proud v. Stone, a 1991 age-related employment discrimination case, the Fourth Circuit established the evidentiary principle that a "strong inference" of nondiscrimination arises when the same person hires and then fires the plaintiff within a short period of time. This "same actor inference" has been adopted in varying degrees by six other circuits. Only the Third Circuit has expressly declined to recognize the hirer-firer relationship as more than evidence from which the trier of fact may draw a reasonable inference. Courts invoking the "inference" have extended its applicability far beyond the original context so as to permit theoretically …

Victorelli V. Shadyside Hospital - Chronic Serious Health Conditions Covered By The Family Medical Leave Act Of 1993 Create Administrative Headaches For Employers, Debra E. Christenson

Villanova Law Review (1956 - )

No abstract provided.

Human Rights Of Women In Central And Eastern Europe, Julie Mertus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.

The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis

UIC Law Review

No abstract provided.

Reconceiving The Role Of Section 8(B)(1)(A): 1947–1997: An Essay On Collective Empowerment And The Public Good, Roger C. Hartley

Scholarly Articles

The Taft-Hartley section 8(b)(1)(A)s union discipline cases are linked to the impending collapse of collective bargaining in two ways. At one level, they have helped cause it by denying union majorities an important tool to enforce solidarity during economic disputes with employers and thereby have contributed to the loss of worker empowerment. At another level, the union discipline cases reflect certain shifts in national sentiments with respect to the role of unions and collective bargaining in general and the accommodation of collective bargaining to the competing claims of individuals and employers in particular. This paper is about both linkages.

Labor Relations And The Law In South Korea, Laura Watson

Washington International Law Journal

This Comment looks at labor legislation's role in shaping the present state of labor relations in South Korea A brief history of the government's symbiotic relationship with business serves as a backdrop for assessing the current laws. The laws have an employer bias accenluated by the broad administrative oversighit government has over labor relations. More troublesome provisions of the laws are considered in detail. This Comment then turns to recent pro-labor changes in the laws but discusses why labor unions are unlikely to achieve full equality in labor relations at this juncture. In conclusion, this Comment makes suggestions for change …

Local Public Employment Discrimination Against Korean Permanent Residents In Japan: A U.S. Perspective, James M. Kearney

Washington International Law Journal

Japanese government officials have recently indicated a willingness to relax restrictions that have prohibited Korean permanent residents of Japan from competing for local civil service jobs, though changes have not yet been forthcoming. The current bar on resident aliens has important symbolic and practical significance in a country widely criticized for its entrenched racism and for its lack of substantive civil rights law. This Comment traces the history and special circumstances of Koreans in Japan and argues that Koreans are already protected from most kinds of public employment discrimination by Article 22 (freedom to choose an occupation) and Article 14 …

The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue

Northwestern Journal of International Law & Business

Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …

International Treaties And Constitutional Systems Of The United States, Mexico And Canada - Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.

Ombudsman Offices In The Federal Government - An Emerging Trend, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Assesing The Family And Medical Leave Act In Terms Of Gender Equality, Work/Family Balance, And The Needs Of Children, Angie K. Young

Michigan Journal of Gender & Law

While recognizing that parental leave is only one aspect of the FMLA, this Article concentrates on the provision allowing leave to parents in order to care for their children. Before analyzing the FMLA in detail, it is helpful to explore what aims a parental-leave policy should have. The purpose of this Article is to propose and defend three goals that parental-leave legislation should strive to meet: equality of career opportunities for men and women, the right to participate in both work and family, and meeting the needs of children. After articulating what parental-leave legislation should aim for in theory, this …

The Reality Of Work-Related Stress: An Analysis Of How Mental Disability Claims Should Be Handled Under The North Carolina Workers' Compensation Act, Amy S. Berry

Campbell Law Review

No abstract provided.

On The Interface Between Labor And Employment Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Black Lung Claims And Appeal In The Third Circuit: Which Way Do I Go - Mancia V. Director, Office Of Workers' Compensation Programs, Joseph N. Frabizzio

Villanova Law Review (1956 - )

No abstract provided.

"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes

Michigan Journal of Race and Law

In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …

Careers And Contingency, Gillian Lester

Faculty Scholarship

Disagreement among legal scholars over the phenomenon of "contingent employment" – work having limited hours, duration, or security – has led to disparate prescriptions for legal reform. For some, the best solution would be to either leave the market alone, or eliminate existing regulations that drive employers to create contingent jobs. Others believe current regulations do not go far enough and advocate reforms ranging from expanding mandatory benefits and protections to facilitating collective bargaining among contingent workers in order to restore such benefits as long-term security, training, and career advancement. The debate about law reform has centered partly on disputes …

Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin

Michigan Journal of International Law

Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.

Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker

Law Faculty Articles and Essays

Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.

The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf

UIC Law Review

No abstract provided.

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

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 …

Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie

Theses and Dissertations

Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …