Labor and Employment Law Commons^™

Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper

Faculty Scholarship

The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, ¹⁹ illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.²⁰ The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …

Baseball's Third Strike: The Triumph Of Collective Bargaining In Professional Baseball, Robert A. Mccormick

Vanderbilt Law Review

Since the inception of professional baseball, team owners have imposed limits on the freedom of players to negotiate contract terms. In this article Professor McCormick traces the history of attempts by professional baseball players to obtain contractual freedoms through the use of the antitrust and labor relations laws, attempts that culminated with the players' strike of 1981. Although players in other team sports successfully have utilized antitrust laws to increase player bargaining power, Professor McCormick argues that labor law has provided baseball players the only effective means to gain increased contractual freedoms. Professor McCormick concludes that player-owner disputes over the …

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Maryland Law Review

No abstract provided.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.

By The Light Of Dual Employment: Standards For Employer Regulation Of Moonlighting, Carlton J. Snow, Elliott M. Abramson

Indiana Law Journal

No abstract provided.

The Successor Employer's Obligation To Bargain: Current Problems In The Presumption Of A Union's Majority Status, Peter Blasier

Fordham Urban Law Journal

This Note examines federal labor policy as it relates to successor employers' duty to negotiate with the labor union of the previous employer. Specifically, this Note analyzes the impact that the successor employers' right to refuse to negotiate if it has a "good faith doubt" that the union retains its majority status has on employee's freedom of choice. Finally, it examines national labor policy and concludes that the policy of the National Labor Relations Board unduly "sacrifices the determination of actual employee free choice."

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

The Modernization Of Labor And Labor Law In The Arab Gulf States, Enid Hill

Faculty Books

The paper examins the topic of the modernization of labor and of labor law in the Arabian Gulf states .

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 …

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.

City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet

Florida State University Law Review

Labor Law- PUBLIC RECORDS ACT- DOCUMENTS ACCUMULATED DURING PRELIMINARY UNFAIR LABOR PRACTICE PROCEEDINGS NEED NOT BE DISCLOSED, UNDER PUBLIC RECORDS ACT, UNTIL SUCH TIME AS CHARGES ARE EITHER FORMALIZED OR DISMISSED.

The Occupational Safety And Health Act Of 1970 As Applied To The Construction Industry: The Multi-Employer Worksite Problem

Washington and Lee Law Review

No abstract provided.

Kansas City Royals Baseball Corp. V. Major League Baseball Players Association, 532 F.2d 615 (8th Cir. 1976), Timothy P. Beavers

Florida State University Law Review

Labor Law- PROFESSIONAL BASEBALL NOT EXEMPT FROM FEDERAL LABOR LAWS.

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Law Faculty Articles and Essays

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.

The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd

Indiana Law Journal

No abstract provided.

Can Collyer And Gardner-Denver - Co-Exist? A Postscript, Julius G. Getman

Indiana Law Journal

No abstract provided.

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.

A Response To Professor Getman, George Schatzki

Indiana Law Journal

No abstract provided.

A Little Bit More On Collyer Insulated Wire, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Recent Development: Comment, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Labor Law--The National Labor Relations Board Redefines And Restricts The Scope Of Managerial Employee Classification, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Recent Developments, Law Review Staff

Vanderbilt Law Review

Preservation of internal union solidarity through the exercise of disciplinary power over members has been recognized as an essential prerequisite to maintenance of a strong bargaining position vis-a-vis management.' Therefore, courts have afforded unions relative freedom to discipline members who violate rules of internal union government. Somewhat different principles of union discipline, however, are applied to members who occupy supervisory positions with the employer.' The employee-member is loyal primarily to his union, but the loyalty of the supervisor-member ultimately is two-dimensional:' he is loyal to the union by virtue of his union membership and to the employer by virtue of …

Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Note, Equal Pay Act - Economic Benefit To Employer Is Justification For Wage Differential Between Male And Female Employees, Judith J. Johnson

Journal Articles

In Robert Hall the court refused to follow the lead of the cases immediately preceding it which delved into the justifications for wage differentials to discover evidence of discrimination. If the Equal Pay Act is to be effective, the courts must discover the motive for paying women less, not just accept the employer's excuse at face value. Robert Hall may represent a step backward for the Equal Pay Act and the ramifications of the decision should be carefully studied before it is allowed to stand. This decision could be broadly construed to enable an employer to undermine the Act by …

"Multiple Jeopardy" In Employment Discrimination Cases, Leonard E. Cohen, Monte Fried

Maryland Law Review

No abstract provided.

Recent Development, Employer Knowledge Of Union Strength As A Basis For Bargaining Orders In Absence Of Unfair Labor Practices Or Elections--Summer & Co., 190 N.L.R.B. No. 116 (June 7, 1971), Mark J. Loewenstein

Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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Conflict of Laws--"Contacts" Doctrine Applied to Supplement Federal Maritime Law in Diversity Action

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Constitutional Law--Fourteenth Amendment Prohibits Extended Postponement of Parole Consideration for State Inmate When Made on the Basis of an Unreliable Factual Determination

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Labor Law--Collective Bargaining-Employer May Not Enforce Collective Bargaining Agreement Provision Embodying Union Waiver of Employee's Right to Solicit Against That Union

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Labor Law-Remedies--NLRB May Order Retroactive Payment of Fringe Benefits Where Employer Wrongfully Refuses to Sign Collective Bargaining Agreement

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …