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Collective bargaining

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Full-Text Articles in Labor and Employment Law

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales Jan 2003

Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales

Scholarly Works

On March 27, 2002, The United State Supreme Court ruled in Hoffman Plastic Compounds v. N.L.R.B. that, although undocumented workers are “employees” within the meaning of the National Labor Relations Act (NLRA), they cannot be answered backpay remedies, even if discharged in violation of the Act. The Hoffman decision represents a retrenchment from a trend in which virtually all jurisdictions that had considered the issue found in favor of the workers. The principal rationale in support of these remedies for undocumented workers had been that such awards are not only remedial but also serve important deterrent functions that protect the …

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Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales Jan 2003

Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales

Scholarly Works

This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …

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Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor Jan 2003

Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor

Upjohn Press

This book offers an analysis of the relationship among collective bargaining, firm competitiveness, and employment protections and creation in the United States. The contributors provide an overview of the legal framework and the economic and industrial relations research on collective bargaining, competitiveness, and employment, then follow with four case studies that provide insights into the process of collective bargaining and its current status in the evolving U.S. labor-management system.

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David Feller, Senior Partner, Michael H. Gottesman Jan 2003

David Feller, Senior Partner, Michael H. Gottesman

Georgetown Law Faculty Publications and Other Works

While in law school, in the late 1950's, I decided that I wanted a career in labor law, representing unions. I asked my labor law professor what firms I should consider. He told me there was one firm nationwide that stood out from all the rest: Goldberg, Feller and Bredhoff. He warned, though, that the firm was very small, and the chances of getting a job there remote. I did some research and discovered that the firm had only four lawyers: three partners (Arthur Goldberg, Dave Feller, and Elliot Bredhoft), and one associate (Jerry Anker). The firm was General Counsel …

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Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone Jul 2002

Human Capital And Employee Mobility: A Rejoinder, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

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Twenty Years Of Labour Law And The Charter, Dianne Pothier Jan 2002

Twenty Years Of Labour Law And The Charter, Dianne Pothier

Dianne Pothier Collection

This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …

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Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden Jan 2002

Do Public Policy Grounds Still Exist For Vacating Arbitration Awards?, Judith Stilz Ogden

Hofstra Labor & Employment Law Journal

No abstract provided.

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E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann Jan 2002

E-Issues Take Center Stage: The 2000 Sag/Aftra Strike, Craig J. Ackermann

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine Jan 2002

The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine

Other Publications

In this provocative article Professor St. Antoine laments, "I cannot believe that a private-sector workforce that is only one-tenth organized is ultimately good for labor, for management, or for the whole of our society." His speech to the College of Labor and Employment Lawyers outlines the original purposes of the National Labor Relations Act, the reasons for the drastic decline in the percentage of the workforce that is unionized, and his suggestions for changes in the law that would encourage and promote collective bargaining.

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A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey Jan 2001

Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine Jan 2001

The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine

Other Publications

A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …

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The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine

Articles

A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent close of what he described as labor arbitration's "golden age." I have expressed reservations about that characterization, insofar as it suggested an impending shrinkage in the stature of arbitration. But Professor Feller was right on target in one important respect. Labor arbitration was going to change dramatically from the autonomous institution in the relatively self-contained world of union-management relations which it had been from the end of World War II into the 1970s. When the subject matter was largely confined to union-employer agreements, arbitration …

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Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine Jan 2001

Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine

Articles

Can a privately negotiated arbitration agreement deprive employees of the statutory right to sue in court on claims of discrimination in employment because of race, sex, religion, age, disability, and similar grounds prohibited by federal law? Two leading U.S. Supreme Court decisions, decided almost two decades apart, reached substantially different answers to this questionand arguably stood logic on its head in the process. In the earlier case of Alexander v. Gardner-Denver Co., involving arbitration under a collective bargaining agreement, the Court held an adverse award did not preclude a subsequent federal court action by the black grievant alleging racial discrimination. …

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A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper Jan 2001

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Faculty Scholarship

No abstract provided.

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An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner Jan 2000

An Analysis Of The Nlrb's "Runaway Shop" Doctrine In The Context Of Mid-Term Work Relocation Based On Union Labor Costs, Jan W. Sturner

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco Jan 2000

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.

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Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst Jan 2000

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at the session were more recent entrants into the …

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Contract Reading' In Labor Arbitration, Theodore J. St. Antoine Jan 2000

Contract Reading' In Labor Arbitration, Theodore J. St. Antoine

Articles

A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …

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Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy Oct 1999

Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy

Indiana Law Journal

No abstract provided.

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The Pendulum Swings Again, Richard C. Reuben Oct 1999

The Pendulum Swings Again, Richard C. Reuben

Faculty Publications

Mandatory arbitration provisions in contracts of adhesion expose the difficult tension between individual contractual rights and collective contractual needs. The question is where we draw the line. The law of adhesion contracts has traditionally used the doctrine of unconscionability to draw that line, and cases like Graham v Scissor-Tail more precisely instruct us to draw it at the reasonable expectations of the parties. By presumptively refusing to enforce cram-down arbitration provisions for consumer claims, absent evidence of knowing and voluntary waiver, we will restore those reasonable expectations, and, in the words of the case law, ensure minimum levels of integrity …

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Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone Mar 1999

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

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Some Keys To The Nba Lockout, Grant M. Hayden Jan 1999

Some Keys To The Nba Lockout, Grant M. Hayden

Hofstra Labor & Employment Law Journal

The 1998-99 NBA lockout, like the 1994 Major League Baseball strike, may have serious consequences for the future of the game. Already, the abbreviated training camps and compressed schedules have produced a spate of injuries and scores of ugly, low-scoring games. And the effects of the dispute on the game over the long run may be more difficult, if not impossible, to predict. But those questions are best left to those who track television ratings and ticket office receipts. The more immediate question-the one put to me by the editors of this journal-is what the lockout contributed to labor law …

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The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr. Jan 1999

The Indentured Servants Of Academia: The Adjunct Faculty Dilemma And Their Limited Legal Remedies, John C. Duncan, Jr.

Journal Publications

In this half of the twentieth century, the academic equivalent of the indentured servant is the adjunct faculty member in higher education. Adjuncts cannot say or do much about their plight. The dilemma of adjunct faculty leads to what should be considered a violation of due process rights. This Article first examines who are the adjunct faculty, what are their dilemmas, and how are they viewed in the academic world. The heart of the paper then explores the limited legal remedies available. The essential problems of lack of due process and minimal protection through collective bargaining and contractual agreements are …

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Hiding Behind The Corporate Veil: Employer Abuse Of The Corporate Form To Avoid Or Deny Workers' Collectively Bargained And Statutory Rights, Grant Crandall, Sarah J. Starrett, Douglas L. Parker Apr 1998

Hiding Behind The Corporate Veil: Employer Abuse Of The Corporate Form To Avoid Or Deny Workers' Collectively Bargained And Statutory Rights, Grant Crandall, Sarah J. Starrett, Douglas L. Parker

West Virginia Law Review

No abstract provided.

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Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper Mar 1998

Defining The Economic Relationship Appropriate For Collective Bargaining, Michael C. Harper

Faculty Scholarship

These are, of course, difficult times for those who share the goals of the framers of the original National Labor Relations Act (the "NLRA" or "Act") .' As union density in the private sector has continued to decline2 and as the NLRA has proven helpless against the economic developments that have generated continuing employer resistance to collective bargaining, the original vision of the Wagner Congress must seem myopic and shaded with an excessively optimistic tint. Observing these economic developments and the enhanced impediments to union organization that they have posed makes it clear that only a much different statute …

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Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller Jan 1998

Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller

Hofstra Labor & Employment Law Journal

No abstract provided.

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Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper Jul 1997

Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper

Faculty Scholarship

Twenty-four years after pronouncing that "Congress[ ,]... not... this Court[, must remedy] any inconsistency or illogic" in the long standing exemption of baseball, but not other sports from the reach of the antitrust laws,' the Supreme Court last term reduced substantially the uniqueness of Major League Baseball's control over its labor market. The Court did so not by exposing baseball to antitrust attack, but rather by clarifying that restrictions on player labor mobility and freedom of contract imposed by all North American leagues of professional sports teams2 also enjoy an exemption from antitrust scrutiny as long as their labor …

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The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi Jan 1997

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Law Of Arbitration, Theodore J. St. Antoine Jan 1997

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …

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