Labor and Employment Law Commons^™

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

Is The Merger Of Participant-Directed 401(K) Plans Subject To Erisa's Fiduciary Standards: An Analysis Of The Franklin V. First Union Litigation And Its Aftermath, Bryan L. Tyson

West Virginia Law Review

No abstract provided.

Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia

University of Michigan Journal of Law Reform

Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back pay …

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 …

What Constitutes A Substantial Public Policy In West Virgina For Purposes Of Retaliatory Discharge: Making A Mountain Out Of A Molehill, Parween S. Mascari

West Virginia Law Review

No abstract provided.

Research To Practice: Local Vocational Rehabilitation Interagency Agreements For Employment: Partners, Collaborative Activities, And Impact, Cynthia A. Smith, Deborah S. Metzel, Bob Schalock

Research to Practice Series, Institute for Community Inclusion

Federal legislation and state policies increasingly mandate or encourage interagency agreements and collaboration. This study examined the content and impact of interagency agreements between the local office of VR and the following local state agencies for FY1999: Mental Retardation/Developmental Disabilities, Mental Health, local schools, and Temporary Assistance to Needy Families.

Lochner'S Feminist Legacy, David E. Bernstein

Michigan Law Review

Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …

Orchestrated Experimentalism In The Regulation Of Work, Orly Lobel

Michigan Law Review

Since the advent of the New Deal vision, work and the workplace have undergone dramatic changes. Policies and institutions that were designed to provide good working conditions and voice for workers are no longer fulfilling their promise. In Working in America: A Blueprint for the New Labor Market ("Blueprint"), four MIT economists take on the challenge of envisioning a new regulatory regime that will fit the realities of the new market. The result of several years of deliberation with various groups in business and labor, academia, and government, Blueprint provides a thoughtful yet unsettling vision of the future of work. …

Vol. 20, No. 2, Gerald E. Berendt

The Illinois Public Employee Relations Report

Contents:

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

Editor's Note: This is the first of a two-part article. Part II will appear in the Summer 2003 issue.

Recent Developments

Further References, compiled by Margaret A. Chaplan

The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales

West Virginia Law Review

No abstract provided.

Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell

Scholarly Articles in Law Reviews & Journals

INAPPROPRIATE RELATIONSHIPS BETWEEN OFFENDERS AND EMPLOYEES of community-based corrections organizations have emerged as a serious issue. Among the most dangerous and destructive of these inappropriate relationships is sexual misconduct. The very nature of community corrections, with semi-autonomous employees, the increasing focus on a rehabilitative rather than the punitive model, the increase of offenders assigned to these programs, and actual allegations of sexual misconduct have raised the awareness of administrators of the need for action.

Crazy (Mental Illness Under The Ada), Jane Byeff Korn

University of Michigan Journal of Law Reform

This Article examines how people with mental disabilities and mental illnesses have been treated under the Americans with Disabilities Act. Part I addresses the history of mental illness. It argues that while beliefs about the causes and content of mental illness have vacillated over time, the mentally ill have received consistently poor treatment throughout human history. Part II addresses present problems with the definition of mental illness, including how mental illness and mental disability are defined under the Americans with Disabilities Act.

Part III discusses the problems faced by people with mental illness today. The author argues the current state …

Pretender In Paradise, J. Richard Cohen

The Journal of Appellate Practice and Process

No abstract provided.

North Carolina Employment Case Law: Contract Principles Abandoned, Steven A. Mccloskey

North Carolina Central Law Review

No abstract provided.

What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer

Osgoode Hall Law Journal

This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Articles

No abstract provided.

Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper

Journal of Legal Education

No abstract provided.

Re Aliant Telecom Inc And Ac&Twu, Innis Christie

Innis Christie Collection

This is a policy grievance concerning the contracting out of work on two separate occasions. The Union wanted the Employer to stop contracting out work, and pay all damages. The Employer did not believe the work in question was protected from contracting out as outlined in two Letters of Intent that are part of the collective agreement.

The grievances fail. An examination of the negotiating history, nature of the work and the effect it had on the number of union positions support the Employer's position. The Letters of Intent did not cover the type of work which was contracted out. …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Merging Cultures, Allison Cohen Hall, Jaimie Ciulla Timmons, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

The implementation of the Workforce Investment Act (WIA) requires major organizational change for employment, training, and disability agencies. The initiative emphasizes coordination, collaboration and communication among organizations for better service delivery. At this time, states are developing systems that will enable them to address the needs of all customers, including those with disabilities, who are seeking employment. Traditionally, service systems have required that consumers and their families who need a variety of services be able to negotiate the culture and language of multiple agencies. With the new WIA legislation, this task is now being required of the agencies themselves. In …

Case Studies On The Implementation Of The Workforce Investment Act: Focus On Leadership, Sheila Fesko, Jaimie Ciulla Timmons, Allison Cohen Hall

Case Studies Series, Institute for Community Inclusion

The workforce development system has undergone significant change in the past five years, including the development and implementation of new partnerships. Maintaining the integrity of services and conducting major organizational change has been a challenge for local, state, and federal leaders. Some states have a limited vision of how this new workforce system can operate and the ways in which their customers can benefit from the new partnerships. Other states, however, have embraced the challenge put forth in the Workforce Investment Act (WIA) and have built on previous collaborations or begun new initiatives. This publication discusses some of the challenges …

Research To Practice: Medicaid Involvement In Employment-Related Programs- Findings From The National Survey Of State Systems And Employment For People With Disabilities, Jennifer Sullivan Sulewski, Dana Scott Gilmore, Susan Foley

Research to Practice Series, Institute for Community Inclusion

This brief analyzes data from ICI's National Survey of State Systems and Employment for People with Disabilities regarding the priority Medicaid agencies place on employment and their involvement in recent policy initiatives.

Re Saint John (City Of) And Saint John Fire Fighters' Association, Iaff Local 771 (Davidson), Innis Christie, G Lawson, A Levine

Innis Christie Collection

Union grievance on behalf of the Grievor alleging that he was hired and subsequently fired without due process, contrary to the 2001-2003 Collective Agreement between the parties, and seeking full redress. At the outset of the hearing in this matter the parties agreed that this Board of Arbitration is properly constituted and, sub­ject to the City's preliminary objection, properly seized of this matter. The City made a preliminary objection to the jurisdiction of this Board of Arbitration to hear this matter based on the allegation that the Grievor was never an employee of the City; i.e., that he was never …

Re Canada Post Corp And Cupw (078-00-00463), Innis Christie

Innis Christie Collection

The Union grieves the Employer's failure to convert Part-Time Route 23 to a full time route, and staff the new route in accordance with the Agreement. The Union seeks an order that the Employer convert the route and grant full redress to all employees affected. The Employer takes the position that it is only required to carry out minor restructuring to bring Route 23 into conformity with limits on part-time routes. The Employer acknowledges that this should have been done seven months ago.

Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This policy brief addresses whether providing personal assistance services in the workplace is a reasonable accommodation as defined in the ADA, and if so, under which circumstances.

Research To Practice: High-Performing States In Integrated Employment, Allison Cohen Hall, John Butterworth, Dana Scott Gilmore, Deborah Metzel

Research to Practice Series, Institute for Community Inclusion

Despite recent improvements, community employment outcomes vary widely across states. This report highlights successful practices of states that were identified as "high performers" in integrated employment for people served by state MR/DD agencies.

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

Cornell Law Faculty Publications

Labor Force Participation And Income Of Individuals With Disabilities In Sheltered And Competitive Employment: Cross-Sectional And Longitudinal Analyses Of Seven States During The 1980s And 1990s, Peter Blanck, Helen A. Schartz, Kevin M. Schartz

William & Mary Law Review

The purpose of this investigation was to examine the labor force participation and wages of individuals with disabilities who have transitioned from facility-based (i.e., sheltered) work to employment in integrated and competitive settings. The investigators had access to data from seven states on the labor force participation and wages of more than 3000 individuals with disabilities who have moved from institutional to community placements over the past two decades.

Among the findings: the majority of individuals in these geographically diverse samples were unemployed over time; sheltered employment prepared some individuals for entry into employment in integrated settings and resulted in …

Identity And Disability In The Workplace, Susanne M. Bruyere, William A. Erickson, Joshua T. Ferrentino

William & Mary Law Review

No abstract provided.

Reasonable Accommodation Of Workplace Disabilities, Stewart J. Schwab, Steven L. Willborn

William & Mary Law Review

No abstract provided.