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Articles 301 - 330 of 446
Full-Text Articles in Labor and Employment Law
Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy
Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy
Florida State University Law Review
No abstract provided.
The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh
The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh
Florida State University Law Review
No abstract provided.
Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry
Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry
Vanderbilt Law Review
The decisions of the United States Supreme Court in John Wiley & Sons, Inc. v. Livingston, NLRB v. Burns International Security Services, Inc.,' and Howard Johnson Co. v. Detroit Local Joint Executive Board' have raised, but left unanswered, two significant questions regarding the proper balancing of the parties' interests: (1) does the successor employer's duty to arbitrate with the union under the predecessor's contract survive a corporate change?;and (2) if so, does the arbitrator have the power to impose the substantive terms of the predecessor's labor agreement on the successor? To answer these questions, this Article initially will analyze in …
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
St. Mary's Law Journal
Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Dalhousie Law Journal
A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Vanderbilt Law Review
In order to give approximately 1,400,0001 health care employees the protection enjoyed by employees under the National Labor Relations Act (NLRA), Congress amended the Act in 1974 to make health care institutions "employers. Recognizing the public's dependence upon the unique services provided by health care facilities, Congress was hesitant, however, to extend coverage under the Act to health care employees without providing additional safe-guards. These safeguards are embodied in the following special provisions: (1) the extension of the sixty-day notice requirement for modification of an expiring contract to ninety days; (2) the creation of a thirty-day notice requirement of a …
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
Vanderbilt Law Review
The amended National Labor Relations Act (the Act) guarantees that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations to each other."' In furtherance of this objective, the Taft-Hartley and Landrum-Griffin amendments substantially increased the Act's protection of individual employee rights and sharply restrained many union activities that were deemed economically and socially undesirable. Those amendments, however, left intact the basic structure of the original Wagner Act providing for establishment of collective bargaining whenever a majority of the employees in an appropriate bargaining unit designate a bargaining agent to represent them. Once a …
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
Fordham Urban Law Journal
The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …
The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit
Faculty Scholarship
In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.
Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid
Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid
West Virginia Law Review
No abstract provided.
Labor Law--Arbitration--Duties Of Successor Employer, James A. Varner
Labor Law--Arbitration--Duties Of Successor Employer, James A. Varner
West Virginia Law Review
No abstract provided.
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner
Cleveland State Law Review
The Norris-LaGuardia Act was enacted in 1932 to curb the unbridled use of the federal injunction as a remedy in labor-management disputes. After enactment of the Norris-LaGuardia Act, labor unions grew and gained substantial collective bargaining power. Congressional policy then shifted to encouraging the effective enforcement of collective bargaining agreements between employers and unions. Subsequent to enactment of the LMRA, the no-strike obligation and arbitration procedures became standard bargained-for provisions. However, Judges soon refused to enjoin strikes in alleged violation of no-strike clauses, basing their decisions on the force of section 4. Employers contended that the more recent section 301 …
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg
Articles by Maurer Faculty
No abstract provided.
Multinational Collective Bargaining--Myth Or Reality?
Multinational Collective Bargaining--Myth Or Reality?
Vanderbilt Journal of Transnational Law
The expansion of the multinational corporation (MNC) has precipitated an international aspect of labor with important consequences for the relationship between employers and employees. Basically, there is an inherent conflict between the objectives of the MNC and the labor union. The MNC endeavors to organize its operations for production where costs are lowest and sales where prices are highest. Given good coordination, the MNC can manage its activities to take advantage of cost differences in labor, capital, tax rates, and market conditions. On the other hand, the labor union seeks to have the MNC return the greatest net benefit to …
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley
Fordham Urban Law Journal
In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman
Articles by Maurer Faculty
No abstract provided.
Labor Relations Law In The Public Sector, Arvid Anderson
Labor Relations Law In The Public Sector, Arvid Anderson
Michigan Law Review
A Review of Labor Relations Law in the Public Sector by Russell A. Smith, Harry T. Edwards, and R. Theodore Clark, Jr.
Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch
Status Of The Make-Whole Remedy In Refusal-To-Bargain Cases, Patricia A. Renovitch
Florida State University Law Review
No abstract provided.
Teacher Collective Bargaining
Fordham Urban Law Journal
This comment discusses the effect of collective bargaining by teachers on the formulation of public policy in education. Teachers usually draw on the expertise of superintendents of schools to advise them on this subject. Agreement terms from New York and California are analyzed. The focus of the analysis deals with the content of the contract and agreement clauses and the extent to which they reflect a shift of control over educational policy in specific subject areas. The emergence of teachers associations and unions has created a new pressure group potentially capable of influencing traditional state prerogatives in educational policy. California …
The Strike And Its Alternatives: The Public Employment Experience, Damon W. Harrison Jr.
The Strike And Its Alternatives: The Public Employment Experience, Damon W. Harrison Jr.
Kentucky Law Journal
No abstract provided.
Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg
Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg
Vanderbilt Law Review
This article explores the development, theory, and design of the government's Contract Compliance Program and the other statutory means of pursuing equal employment opportunity. Part I is a brief explanation of the Contract Compliance Program under Executive Order 11,246. Part II presents a discussion of the legal underpinnings of the affirmative action concept. Part III deals with the decision In the Matter of Bethlehem Steel Corporation, a landmark administrative hearing under procedures established by the Office of Federal Contract Compliance, and the American Telephone & Telegraph Company Memorandum of Agreement and Consent Decree,' which has been described as "the largest …
Limitations On Employer Independent Action, Robert J. Rabin
Limitations On Employer Independent Action, Robert J. Rabin
Vanderbilt Law Review
An important change appears to be taking place in measuring the limitations upon an employer's independent right to run his business. Where this question was formerly tested under the National Labor Relations Act,' which defines the scope of the duty to bargain, recent developments suggest that the scope of independent employer action' henceforth will be determined through the arbitration process.This is a salutary development, since the question of the scope of independent employer action is a complicated one and ought to be resolved by application of the surest kinds of guidelines. A carefully drafted collective bargaining agreement can spell out …
Some Comments On Labor Dispute Settlement Processes, Paul H. Sanders
Some Comments On Labor Dispute Settlement Processes, Paul H. Sanders
Vanderbilt Law Review
The question mark at the end of this recent headline on a syndi- cated newspaper column suggests appropriate skepticism about the substance therein, even though the column reported that the first eleven months of 1973 had been "the most serene labor climate in a decade with manhours lost at a 10-year low."' Well before the year-end "energy crisis" and attendant economic dislocations, how- ever, questions such as the following, far from being in the realm of idle conjecture, were becoming increasingly pertinent: Will the travail of this gloomy period be the fullness of time for the emer- gence of significant …
The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards
The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards
Michigan Law Review
Whether the public sector is indeed sufficiently different from the private sector to warrant the assumption that private sector precedents should be avoided, or at least modified, is a question that can and has been argued at length; therefore, it will serve no useful purpose to rehash the issue in this Article. Rather, it is probably sufficient to observe that, for the most part, legislators and judges at the federal, state, and municipal levels have assumed that the two sectors are different; as a consequence, the initial legislative and judicial reactions to public sector unionism have been cautious. Arguments about …
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Michigan Law Review
The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
Kentucky Law Journal
No abstract provided.
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Articles
Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …
Faculty Collective Bargaining And The Law Schools, Alvin L. Goldman
Faculty Collective Bargaining And The Law Schools, Alvin L. Goldman
Law Faculty Scholarly Articles
Introductory address for a panel discussion at the annual meeting of the Association of American Law Schools.
Successorship And Collective Bargaining Agreements In Business Combinations And Acquisitions, Richard G. Vernon
Successorship And Collective Bargaining Agreements In Business Combinations And Acquisitions, Richard G. Vernon
Vanderbilt Law Review
Mergers, consolidations, and purchases of assets are important and frequent business transactions in our economy' and involve a great deal of planning and negotiating by the enterprises concerned. Until recently,the rights of employees and their representative labor unions generally were not considered to be a factor in these plans. In 1964, however, the Supreme Court, in John Wiley & Sons, Inc. v. Livingston, held that common law privity-of-contract principles, which lower courts traditionally had invoked to preclude survival of employees' rights, did not necessarily apply to collective bargaining agreements. Wiley was a nonunion corporation that had merged with a smaller …
Labor Law--Successorship--The Nlrb Has A Change Of Heart, Craig R. Mckay
Labor Law--Successorship--The Nlrb Has A Change Of Heart, Craig R. Mckay
West Virginia Law Review
No abstract provided.