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Articles 181 - 210 of 275

Full-Text Articles in Labor and Employment Law

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine Jan 1988

Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

Articles

Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …

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A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine Jan 1988

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

Articles

In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.

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At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine Nov 1987

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine

Other Publications

The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …

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Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels Apr 1987

Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels

University of Michigan Journal of Law Reform

This Note argues that the traditional regulatory, civil, and criminal mechanisms are both ineffective and inappropriate to deter or punish corporate decisionmakers for decisions that pose risks to the safety or health of employees in the workplace. The Note proposes a new criminal offense to prevent and punish culpable corporate decisionmaking that results in employee deaths or injuries. Part I explains the novel application of the traditional murder offense in Film Recovery Systems and demonstrates that the case fails to lay the foundation for a standardized response to employee endangerment. Part II analyzes the traditional responses of the regulatory and …

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Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine Jan 1987

Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine

Reviews

For almost a quarter century following the great tide of New Deal social legislation, the federal government largely refrained from further efforts at direct regulation of the workplace. But certain intractable problems, like job safety, pension fund abuses, and race and sex discrimination in employment, kindled interest in additional federal controls. The result was a second wave of federal laws governing the employer-employee relationship - Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA) of 1970, and the Employee Retirement Income Security Act (ERISA) of 1974. Only the boldest scholars would attempt to …

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Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow Jan 1987

Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow

Michigan Journal of International Law

This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.

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The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping Jan 1987

The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping

Michigan Journal of International Law

Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …

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Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard Jan 1987

Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard

Fordham Urban Law Journal

This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …

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Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott Jan 1987

Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott

West Virginia Law Review

No abstract provided.

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The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …

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The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman Nov 1986

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Michigan Law Review

This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …

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Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr. Oct 1986

Shareholders Versus Managers: The Strain In The Corporate Web, John C. Coffee Jr.

Michigan Law Review

Part I will seek to understand why firms trade in the stock market at a substantial discount from their asset value. It will answer that existing theories of the firm have not given adequate attention to a critical area where shareholders and managers have an inherent conflict, one that the existing structure of the firm does not resolve or mitigate. Despite the significant changes in the internal structure of the corporation over the last half century that have been described by business historians, there remains a deep internal strain between shareholders, on the one hand, and managers and employees, on …

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Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

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Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler Oct 1985

Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler

University of Michigan Journal of Law Reform

This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan …

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Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review Jun 1985

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings. …

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Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii Apr 1985

Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii

Indiana Law Journal

No abstract provided.

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Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine Jan 1985

Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine

Articles

Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.

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The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine Jan 1985

The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine

Articles

The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …

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Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden Sep 1984

Restrictions On Political Activities Of Government Employees, Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.

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Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy Jan 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.

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Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller Jan 1984

Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller

Michigan Journal of International Law

The foreign labor which made possible Western Europe's postwar economic growth has become a permanent, if belatedly recognized, component of the region's labor markets. Technological change and new industrial policies stressing efficiency, skilled labor, and rationalization threaten foreign workers, raising complex and important issues of law and social policy in the debate over labor's role in industrial policy. These changes already have resulted in grave problems which make agreement and clarification of the rights of foreign workers in national and international law a matter of considerable urgency.

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Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey Jan 1984

Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey

Michigan Journal of International Law

Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …

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Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine Jan 1984

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

Articles

Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …

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Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review Aug 1983

Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review

Michigan Law Review

This Note will focus on the confusion that plagues one category of antitrust standing cases, those in which an employee alleges wrongful discharge for his refusal to participate in a scheme that violates the antitrust laws. Conflicts among the circuits in their analysis and resolution of these employee standing cases have not been definitively settled by the Supreme Court's recent pronouncements on the right to seek recovery under section 4. This Note argues that these recent Supreme Court decisions, as well as the policies behind the antitrust laws, weigh in favor of permitting an employee to maintain a section 4 …

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Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein May 1983

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

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Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford Jan 1983

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal 4 and state levels, 5 none of these bills have been sufficiently comprehensive to provide optimal relief. Moreover, those commentators who have called for a statutory remedy have failed to explain precisely what the mechanism for dispute resolution should be, or how it should operate. 6 This Note, therefore, proposes a model statute utilizing mediation-arbitration to provide consistent, informal, and economical protection for at-will employees. Part I explores the development of the at-will rule and the deficiencies of current …

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Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Jan 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …

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Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley Jan 1983

Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley

University of Michigan Journal of Law Reform

Occupational safety would be greatly enhanced if employees had a viable option of refusing to work under unsafe conditions without risking their jobs. This Note proposes a public policy exception to the employment-at-will doctrine that would give a cause of action to an employee discharged for refusing to work under unsafe conditions. Part I examines the employment-at-will rule and its recognized exceptions. Part II analyzes the inadequacies of existing statutory remedies for a discharged employee who refused to work under unsafe conditions. Finally, Part III proposes an alternative remedy: providing a common-law exception to the employment-at-will rule that will give …

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Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully Jan 1983

Challenging The Employment-At-Will Doctrine Through Modern Contract Theory, Clare Tully

University of Michigan Journal of Law Reform

This Note advocates an implied contract analysis that both satisfies contractual requirements and protects the reasonable expectations of employees and employers. Part I describes the various reliance interests that employees bring to their jobs, the employer inducements that cause this reliance, and the business benefits that accrue when employees rely upon these inducements. Part II examines in detail judicial reluctance to enforce either these reliance interests or employer promises as contract rights under the at-will doctrine. Part II also urges the increased use of modern contract theories such as promissory estoppel, quasi-contract, and implied contract to protect employee reliance interests …

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Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen Jan 1983

Exploring Voluntary Arbitration Of Individual Employment Disputes, Alfred W. Blumrosen

University of Michigan Journal of Law Reform

This Article outlines an arbitration process which may be employed in individual employment contracts to achieve a fair disposition of disputes, with the maximum finality for an arbitration decision which is consistent with legal principles. Where finality is not possible, arbitration would be a condition precedent to formal legal processes. To assure fairness in the process, the employer would agree to pay the arbitrator's fee and the employee's attorney fees incurred in connection with the arbitration.

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