Labor and Employment Law Commons^™

Re Canada Post Corp And Cupw (105-95-00518), Innis Christie

Innis Christie Collection

There are six grievances. The Union alleges that the Employer breached the Collective Agreement by the assignment of duties without following the program of work established locally, changed some duties without meaningful consultation and did not ensure that employees assigned to coding duties were not required to code for entire shifts. The Union also requested that employees who had been improperly assigned be compensated.

The grievance fails. The Employer did not have temporary employees trained to code. This reduced the scheduling options. The lack of consultation was considered insignificant.

Research To Practice: Postsecondary Education As A Critical Step Toward Meaningful Employment: Vocational Rehabilitation's Role, Dana Scott Gilmore, Jennifer Bose, Debra Hart

Research to Practice Series, Institute for Community Inclusion

Research shows that access to postsecondary education makes an enormous difference in the employability of people with disabilities. This brief focuses on the rehabilitation outcomes of people who received education supports from Vocational Rehabilitation agencies.

The Hormesis Challenge For Environmental Health Regulators, Michael S. Baram

Faculty Scholarship

The hormesis hypothesis provides that human, animal or plant exposure to a low external dose of a hazardous chemical substance or physical agent may have beneficial health outcomes'. For example, human exposure to a precisely defined, low external dose of a carcinogenic pollutant in the workplace or ambient environment may lead to an internal dose or concentration, which stimulates a dormant defense mechanism that inhibits the growth of tumors.

Re Canada Post Corp And Cupw (106-00-00003), Innis Christie

Innis Christie Collection

This is an award respecting preliminary objections raised by the Employer on matters of timeliness and an assertion that the Arbitrator had already dealt with this matter in two other decisions.

The grievance fails. The Employer's right to object on the basis of timeliness is waived because the Employer dealt with the grievance on its merits, and did not otherwise indicate an objection on timeliness until the eve of the hearing. The Employer's objection based on previous judgement is rejected because the matter in question is one of retained jurisdiction.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Union contends that the Employer breached the Agreement by depriving employees of a rest day off (RDO), and changing work schedules without the meaningful consultation required by the Agreement. Further, the Union states that the scheduling changes carried out should have fallen under provisions for bidding. The Union asks that the employees affected by compensated by payment of double time for the day in question. The Employer position is that in changing the schedule it had acted within its rights and in accordance with the Agreement, and that it had attempted to conduct meaningful consultations with the Union, and …

Re Canada Post Corp And Cupw (096-00-00172), Innis Christie

Innis Christie Collection

Union grievances dated September 11, November 21 and December 12, 2000 on behalf of all employees at Letter Carrier Depots # 1 and #2 in Halifax and the Dartmouth Delivery Centre alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2000, in that the Employer violated Appendix D in that it failed to compensate letter carriers appropriately for delivering householder mail that had inserts which were not an integral part of the mailing piece.

Vol. 18, No. 3, James A. Spizzo, Charis Runnels

The Illinois Public Employee Relations Report

Contents:

Emerging Trends in Public Sector Interest Arbitration: Employee Residency Rules, by James A. Spizzo and Charis A. Runnels

Recent Developments

Further References, compiled by Margaret A. Chaplan

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The field of employment discrimination law was alive and well in the Eleventh Circuit during the 2000 survey period. Indeed, the area is not even showing any signs of slowing down. The case receiving the most press was the Supreme Court's decision in Reeves v. Sanderson Plumbing Products, Inc. , which, although an age discrimination action, will have a large impact on whether cases reach a jury in all areas of employment discrimination law. The Eleventh Circuit also handed down a number of notable decisions, particularly in the area of sexual harassment, the disparate impact theory of liability, and the …

Closing A Discrimination Loophole: Using Title Vii's Anti-Retaliation Provision To Prevent Employers From Requiring Unlawful Arbitration Agreements As Conditions Of Continued Employment, Sidney Charlotte Reynolds

Washington Law Review

Courts have long viewed mandatory arbitration agreements (MAAs) as contract provisions that employees may accept or decline based on the common law doctrine of employment at-will. However, employees may see such MAAs as attempts to curtail Title VII rights and may refuse to sign them. Title VII prohibits employers from retaliating against employees who oppose discriminatory employment practices. A legal loophole has developed where some employers seek explicitly or implicitly to exempt themselves from Title VII's provisions by drafting MAAs that eliminate statutory rights and remedies from the arbitration process or deter employees from filing discrimination claims altogether. The U.S. …

Resurgence Of The Class Action Lawsuit In Employment Discrimination Cases: New Obstacles Presented By The 1991 Amendments To The Civil Rights Act, Scotty Shively

University of Arkansas at Little Rock Law Review

No abstract provided.

Echazabal V. Chevron: A Direct Threat To Employers In The Ninth Circuit, Deborah Leigh Bender

Washington Law Review

Although Congress enacted the Americans with Disabilities Act (ADA) in part to protect disabled individuals from paternalism, the ADA permits employers to adopt a requirement that individuals not pose a direct threat to others in the workplace. The Equal Employment Opportunity Commission (EEOC) has determined that this direct threat defense also protects an employer who discharges or refuses to hire individuals who pose a direct threat to their own health or safety in the workplace. In Echazabal v. Chevron, the Ninth Circuit struck down the EEOC interpretation of direct threat on the ground that it was paternalistic and inconsistent …

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.

Labor And Employment Law, Richard Gerakitis, James P. Ferguson Jr., Dorothy E. Larkin

Mercer Law Review

This Article surveys the 1999 and 2000 decisions of the United States Court of Appeals for the Eleventh Circuit in which the court addressed issues in the areas of labor and employment law. Specifically, this Article examines decisions by the Eleventh Circuit under the (1) Family Medical Leave Act ("FMLA"); (2) Age Discrimination in Employment Act ("ADEA"); (3) Title VII of the Civil Rights Act of 1964 ("Title VII"); (4) Employee Retirement Income Security Act ("ERISA"); (5) Fair Labor Standards Act ("FLSA"); and (6) Americans With Disabilities Act ("ADA").' During the past two years, the Eleventh Circuit decided numerous cases …

Employment Law In A Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Judges, Prosecutors, Jurors, And Organized Labor: Four Perspectives Of Corporate Citizenship, Noel Beasley, Janine P. Geske, Valerie P. Hans, E. Michael Mccann, Frank Daily

Cornell Law Faculty Publications

Some people argue that the civil jury is in decline. They argue that it's not really so important to be focusing on jurors and jurors' views about corporate responsibility as it might have been in prior times. I want to raise some arguments in favor of the continuing importance of the civil jury. First of all, the cases that juries try may be very important cases in terms of the company and in terms of the role of the company vis-a-vis government regulation. Jurors are symbolic representatives of the public in the courtroom. Finding out what juries do when they …

Unemployment Compensation And Older Workers, Christopher J. O'Leary, Stephen A. Wandner

Conference Papers

No abstract provided.

Re Queens County Residential Services Inc And Cupe, Loc 3373 (White), Innis Christie

Innis Christie Collection

Employee grievance dated February 15, 1999, alleging breach of Article 18.01 of the Collective Agreement between the Employer and the Union effective October 1, 1998 - March 31, 2002, in that the Employer did not credit the Grievor with service, and conse­quently vacation entitlement, during periods she was on maternity and parental leaves. The Union requested an order that the Grievor be credited with full service and vacation entitlement retroactively to her date of hire, June 5, 1990.

Re Canada Post Corp And Cupw (105-95-00468), Innis Christie

Innis Christie Collection

The Union claims that in the Employer's measurement of two "buddy" routes, values are missing. In response to the grievance, the Employer promised to add in the missing values, but the Union submits that no such adjustments have been made to the routes in issue, nor to others brought up with the Route Measurement Officers.

The Arbitrator awards that terms agreed upon by the parties shall be met, namely, that the Superintendent of Route Measurement shall re-run the data on three disputed routes. If any of the routes "busts" the Employer will make retroactive adjustments. If any route does not …

Re Canada Post Corp And Cupw (105-95-00491), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by failing to complete forms to reflect waiting times for two motorized routes. In response to an internal grievance, the Employer stated that the Union was mistaken; that time was allotted for waiting.

The grievance fails. While it may be logical that waiting time should be structured into these routes since it is the norm, the clear words of the Carrier Route Measurement Manual indicate that there is no waiting time on relays, and the Arbitrator cannot override the manual. The Employer's response to the Union was certainly in error, …

Re District Health Authority #8 And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated June 27, 2000, alleging breach of Article 9.02(d) of the Collective Agreement between the Employer and the Union effective November 1, 1997 - October 31, 2000, in that after employees go on extended sick leave the Employer continues to reduce the sick leave credits in their sick leave banks by 100 per cent instead of 75 per cent for each hour they would otherwise have worked. The Union requested an order that sick leave credits reduced contrary to the Collective Agreement be restored to each employee's sick leave bank.

The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

Stock Market Volatility And 401 (K) Plans, Colleen E. Medill

University of Michigan Journal of Law Reform

Many workers today depend on their 401(k) plan to provide them with an adequate income during retirement. For these workers to achieve retirement income security, their 401(k) plan investments must perform well over their working lifetime. Employers' selection of investment options for the 401(k) plan, a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), plays a critical role in determining investment performance. In this Article, Professor Medill uses a series of hypothetical litigation scenarios to illustrate how interpretation of the employer's duty of prudence and duty of loyalty under ERISA present different policy choices for the …

The Little Guy Myth: The Fair Act's Victimization Of Small Business, Melissa A. Peters

William & Mary Law Review

No abstract provided.

Re Nav Canada And Catca (Barnes), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging breach of the Collective Agreement between NAV Canada and the Canadian Air Traffic Control Association, signed September, 1999, effective to March 31, 2001, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 13, in that the Employer suspended the Grievor for one day without just cause.

Vol. 18, No. 2, Joel A. D'Alba

The Illinois Public Employee Relations Report

Contents:

How Do Civil Service Disciplinary Hearings and Labor Arbitration of Discipline Cases Co-exist?, by Joel A. D'Alba

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

A Shield, Not A Sword: Involuntary Leave Under The Family And Medical Leave Act, Megan E. Blomquist

Washington Law Review

Under the Family and Medical Leave Act of 1993 (FMLA), covered employers must grant an eligible employee's request for up to twelve weeks of unpaid leave to care for a new baby or an ill family member, or to accommodate the employee's own serious health condition. The statute prohibits employers from interfering with, restraining, or denying an employee's right to FMLA leave. Neither the statute itself nor its regulations directly address the practice of involuntary leave, a term that has been used to describe instances where an employer designates the leave of a qualifying employee as FMLA leave without an …

North Carolina's Developing Public Policy Wrongful Discharge Doctrine In The New Millennium: Basic Principles, Causation And Proof Of Improper Motive, J. Michael Mcguinness

Campbell Law Review

This article reviews the recent state and federal cases construing North Carolina's public policy wrongful discharge doctrine. The article also analyzes the most common practical problem that arises in wrongful discharge cases: the causation issue. Finally, the article offers a framework of analysis and a multi-part test for assessing improper motive, a difficult issue which arises in virtually all public policy wrongful discharge cases.

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

Global Governance, Legal Pluralism And The Decentered State: A Labor Law Critique Of Codes Of Corporate Conduct, Adelle Blackett

Indiana Journal of Global Legal Studies

No abstract provided.