Labor and Employment Law Commons^™

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union (and Locals 1051, 1778 and 1779) and West Prince Regional Authority, East Prince Health, Queens Region Health and Community Services, Southern Kings Regional Authority and Eastern Kings Health, effective April 1, 2001 — March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when a full-time cook resigned the Employer failed to post that position and instead posted three part-time cook positions to which it assigned essentially the same work. Those part-time …

Employment Market Institutions And Japanese Working Hours, Mark West

Law & Economics Working Papers Archive: 2003-2009

Why do Japanese workers work such long hours? Beginning with a series of cases in the 1950s, Japanese courts drastically curtailed firms’ abilities to dismiss workers. As a consequence of the inability to dismiss workers legally, large Japanese firms hired a smaller number of workers than were necessary to fulfill capacity without overtime. Employers rely on the working hours of this undersized cadre of workers, carefully screened to rule out the slothful, as a buffer. In bad times, the size of the work force makes dismissal unnecessary. In good times, workers are forced to work long hours. While these court …

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

American University Law Review

Federal employment strategies for people with disabilities do not seem to be working. Scholars argue that the Americans with Disabilities Act and similar legislation that exemplify the disability theory of integrationism with the goal of integrating people with disabilities into mainstream employment cannot succeed. Society cannot eradicate barriers to employment for people with disabilities simply by the integrationist modest approach of reasonable accommodation. A post-integrationist approach may be required to provide legitimate equal employment opportunities for people with disabilities.

In December 2002, the General Accounting Office released its report on its study of three federal business tax incentives to encourage …

Labor And Employment, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2002 to May 31, 2003. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta

ExpressO

No abstract provided.

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman

Vanderbilt Law Review

People outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program. In fact, young doctors are among the few professionals who do not find postgraduate employment in the open job market. Currently, fourth-year medical students seeking postgraduate residency training participate in a process that matches them to a single residency program. This match dictates where the new doctor will spend the next three to seven years of her career. Upon receiving a match, the …

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

Vol. 20, No. 4, Laurie M. Burgess

The Illinois Public Employee Relations Report

Contents:

What's Left of the ADA?, by Laurie M. Burgess

Recent Developments

Further References, compiled by Margaret A. Chaplan

Offshore Employment And Occupational Health And Safety Issues, John Macpherson

Dalhousie Law Journal

In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.

Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover

Dalhousie Law Journal

The Governments of Canada, Nova Scotia, and Newfoundland and Labrador are moving to enshrine existing offshore occupational health and safety (OHS) practices into the Atlantic Accord legislation governing the regulation of petroleum-related activity off the eastern coast of Canada. The proposed OHS amendments discussed in this paper are intended to provide a comprehensive legal framework to achieve the same kind of protection for offshore workers that onshore workers currently enjoy. Application of occupational health and safety laws in the offshore will be clarified so that these amendments, and not other federal or provincial OHS laws, will apply to any workplace …

The "Race To The Bottom" Returns: China's Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.

Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman

Faculty Publications

This article seeks to provide a comprehensive account of doctrinal issues related to the use of pay secrecy/confidentiality rules (“PSC rules”) under the NLRA. In Part II, we describe what pay secrecy/confidentiality is and discuss recent survey evidence of their presence in workplaces across the United States. In Part III, we describe the current legal framework under which PSC rules are evaluated under the NLRA, while in Parts IV and V, we explore various doctrinal issues related to these rules in more detail. This leads us to Part VI, where we ponder the future of PSC rules under the NLRA …

Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony

Dalhousie Law Journal

Should the principles applied to drug and alcohol testing on land be imported into the Atlantic offshore oil and gas industry? The authors take the position that there is room for the notion that the application of principles derived from safety sensitive land based industry ought not to be applied in a perfunctory or rote manner to the Atlantic offshore environment. The case law, since Entrop, shows a judicial tendency to apply the requirements established by the obiter dictum of Entrop. (Etrop dealt with safety sensitive but land-based industry.) The danger is that the principles, as developed by and since …

Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin

Dalhousie Law Journal

This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions

The Supreme Court's Labor And Employment Decisions: 2002-2003 Term, Maria O'Brien

Faculty Scholarship

This article summarizes U.S. Supreme Court cases from the October 2002 term that related directly or indirectly to labor or employment law or have implications for labor and employment practitioners. Of particular interest are the University of Michigan affirmative action cases' and the Texas criminal sodomy case. ² Although not nominally "labor and employment" cases, these cases will profoundly affect labor and employment issues. Lawrence v. Texas has already altered the lenses through which society views homosexuality and altered public discourse related to homosexuality and same-sex relationships. ³ The reasoning of the Court shows how far issues of sexuality have …

Law And The Future Of Organized Labor In America, Keith N. Hylton

Faculty Scholarship

This paper, prepared for "The Future of Organized Labor in America" symposium at Wayne State University Law School, examines two questions: 1) what are the implications of the decline of unions for the future of labor law, and 2) what are the implications of labor law for the decline of unions? After documenting the recent trends (decline in the private sector coupled with slight growth in the public sector), I argue that the change in the public-versus-private composition will lead unions to pursue legislative strategies that will further reduce the share of the private sector workforce in unions. A law …

Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Let’S Get A Vision: Drafting Effective Arbitration Agreements, Laurie E. Leader, Melissa Burger

ExpressO

No abstract provided.

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Ibew, Local 2228 V Nav Canada, Innis Christie

Innis Christie Collection

The Employer withheld the Grievor's pay and benefits owing under the salary continuation provision of the Agreement for a period of 12 days because of his refusal to sign a consent form required by the Employer's third party provider authorizing release of the Grievor's medical information to the provider. The Union does not dispute that the Employer had the right to require that the form be signed, nor the employer's having withheld the pay until the form was signed. The Union's position is that once the Grievor signed the form he was entitled to the pay being withheld. The Employer's …

Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan

Buffalo Women's Law Journal

No abstract provided.

Employer Tros Are All The Rage: A New Approach To Workplace Violence, Kyle Riley

Nevada Law Journal

No abstract provided.

The 'Race To The Bottom' Returns: China’S Challenge To The International Labor Movement, Stephen F. Diamond

Cornell Law Faculty Working Papers

China is now, and increasingly, an integral player in the global economy and in international relations. Economic and political restructuring in China today is affecting the lives of millions, yet only a small number of top bureaucrats and wealthy regime-backed entrepreneurs are making the basic decisions about the outcome of this process. This bureaucratic and entrepreneurial class resists fiercely any serious attempt to build independent and democratic institutions such as trade unions.

This article will consider four areas of concern. First, the structural changes underway in the Chinese economy are creating both domestic and international imbalances that are exacerbating inequalities …

Adams V. Florida Power Corp. And The Trend Of Lowering An Employer's Burden Of Proof To Rebut Age Discrimination Claims, Daniel K. Brough

BYU Law Review

No abstract provided.

Dueling Democracies: Protecting Labor Representation Elections From Governmental Interference, John W. Tetter Jr.

West Virginia Law Review

No abstract provided.

Research To Practice: Innovations In Employment Supports: Washington State's Division Of Developmental Disabilities, John Butterworth, Allison Cohen Hall

Research to Practice Series, Institute for Community Inclusion

As evidence of the positive outcomes associated with integrated employment develops it is important to identify policy and practices at the state level that expand access to employment opportunity. This brief presents findings from Institute for Community Inclusion (ICI) case study research focused on state agencies that support individuals with developmental disabilities.

Re Secunda Marine Services Ltd And Bradley, Innis Christie

Innis Christie Collection

This is an appeal under Section 251.11 of the Canada Labour Code by the Employer, Secunda Marine Services Limited, against a payment order of November 4, 2002 by Paula F. Stagg, Inspector, ordering an additional 21 days of severance pay to the Complainant, Sherman Bradley, in the amount of $2943.15, less deductions permitted pursuant to paragraphs 254.1(2)(a), (b) and (e) of the Code. This is for severance pay covering the period worked December 2, 1988 to March 21, 2002, minus five days severance pay received by Mr. Bradley.

Vol. 20, No. 3, Gerald E. Berendt

The Illinois Public Employee Relations Report

Contents:

The Early Years of the Illinois Educational Labor Relations Board (1984-1992) Part II, by Gerald E. Berendt

Editor's Note: This is the second of a two-part article. Part I appeared in the Spring 2003 issue and covered passage of the IELRA, the first IELRB, subjects of bargaining and the appointment of Chairman Berendt. Part II picks up where Part I left off.

Recent Developments

Further References, compiled by Margaret A. Chaplan

Professor Defend Thyself: The Failure Of Universities To Defend And Indemnify Their Faculty, Kevin Oates

Kevin P. Oates

University professors going about their daily activities of teaching, researching, and writing rarely consider the possibility of being sued. To the extent that the concept of potential liability does cross their minds, educational professionals undoubtedly comfort themselves in the realization that since their activities are job-related, the school that employs them is obligated to provide a defense and indemnity in any suit stemming from those activities. Given the ever-increasing litigious nature of American society, the instances of college faculty members being sued are likely to increase. The American Association of University Professors (AAUP) has recognized this trend. With an increase …

On The Need For Reform Of The H-1b Non-Immigrant Work Visa In Computer-Related Occupations, Norman Matloff

University of Michigan Journal of Law Reform

The H-1B program authorizes non-immigrant visas under which skilled foreign workers may be employed in the U.S., typically in computer-related positions. Congress greatly expanded the program in 1998 and then again in 2000, in response to heavy pressure from industry, which claimed a desperate software labor shortage. After presenting an overview of the H-1B program in Parts II and III, the Article will show in Part IV that these shortage claims are not supported by the data. Part V will then show that the industry's motivation for hiring H-lBs is primarily a desire for cheap, compliant labor. The Article then …