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Articles 181 - 210 of 304
Full-Text Articles in Labor and Employment Law
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Michigan Journal of International Law
This Note analyzes the American and Japanese approaches to plant closings and discusses to what extent the American government can apply the successful Japanese approach to its own labor relations system. The first part examines the specific provisions of the two nations' laws. Second, it illustrates how the divergent social rules and historical backgrounds influence the operation of the plant closing laws in both nations. Part three explores the impact and applicability of Japanese labor policies to American industrial practices. The Note concludes that although the Japanese provide a general model for a labor management system which combines cooperation and …
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Articles by Maurer Faculty
This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
Upjohn Press
The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.
Organized Labor At The Crossroads, Wei-Chiao Huang Editor
Organized Labor At The Crossroads, Wei-Chiao Huang Editor
Upjohn Press
This group of essays offers a detailed look at the problems, choices and future of industrial relations.
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine
Articles
Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …
Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald
Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald
Michigan Law Review
This Note examines the differing judicial approaches for reviewing NLRB alter ego findings, and concludes that a fundamental problem with all of the current approaches is the unwarranted consideration of motive in varying degrees. This Note proposes a modified "reasonably foreseeable benefit" standard which does not depend in any degree on the employer's motive for changing its corporate form. Part I discusses the origin and evolution of the alter ego doctrine, including its genesis in Southport Petroleum, the well-settled Crawford Door factors, and the related "successorship" doctrine. Part II analyzes the conflict among the federal courts of appeals over …
The Politicized Worker Under The Labor-Management Reporting And Disclosure Act, Barry Sautman
The Politicized Worker Under The Labor-Management Reporting And Disclosure Act, Barry Sautman
Hofstra Labor & Employment Law Journal
No abstract provided.
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Articles by Maurer Faculty
No abstract provided.
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington
Cleveland State Law Review
This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order …
Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine
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 …
The Vote And Impound Procedure: Not Always A Guardian Of Employee Free Choice, Vilda Samuel Laurin Iii
The Vote And Impound Procedure: Not Always A Guardian Of Employee Free Choice, Vilda Samuel Laurin Iii
Indiana Law Journal
No abstract provided.
The Judicial Imperative - Court Intervention And The Protection Of The Right To Vote In Unions: A Case Study Of Fight Back Committee V. Gallagher, Arthur Z. Schwartz
The Judicial Imperative - Court Intervention And The Protection Of The Right To Vote In Unions: A Case Study Of Fight Back Committee V. Gallagher, Arthur Z. Schwartz
Hofstra Labor & Employment Law Journal
No abstract provided.
Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann
Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann
Faculty Scholarship
While grievance arbitration is the most common method of resolution of disputes arising under collective bargaining agreements, the author proposes that there is also a place for grievance mediation. The author compares mediation to arbitration and negotiation, and describes the strengths and weaknesses of mediation. She explains how mediation clauses in labor agreements could be enforced under section 301 of the LMRA, to protect rights created by those agreements, and proposes that mediation clauses be a basis for injunctions against strikes during the term of an agreement in certain situations. However, the author suggests that courts and the National Labor …
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
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.
Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii
Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii
Hofstra Labor & Employment Law Journal
No abstract provided.
Some Historical Reflections On Landrum-Griffin, Clyde W. Summers
Some Historical Reflections On Landrum-Griffin, Clyde W. Summers
Hofstra Labor & Employment Law Journal
No abstract provided.
The Controversy Over What Statute Of Limitations Period Should Be Applied To Claims Arising Under The Labor-Management Reporting And Disclosure Act Of 1959, Ruth Weinreb
Hofstra Labor & Employment Law Journal
No abstract provided.
Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman
Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman
University of Michigan Journal of Law Reform
Current Board policy forbids issuing a bargaining order in this situation, where there is no objective evidence of majority support for a union, even though the bargaining ·order may be the only effective remedy for extreme employer unfair labor practices. The Board's refusal to issue nonmajority bargaining orders (NMBOs), grounded in its fear of imposing a union on unwilling employees, has left it impotent to remedy the most severe employer unfair labor practices. This Note examines arguments for and against the Board's use of NMBOs and concludes that NMBOs are within the scope of the Board's remedial powers and should …
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Employer Postcertification Polls To Determine Union Support, James D. Dasso
Michigan Law Review
This Note evaluates these competing standards in light of the two major policy objectives of the NLRA: industrial stability and employee free choice. It concludes that the courts of appeals properly apply a less stringent standard. Part I considers employer polling in the larger context of the general law of employer interrogation. This section concludes that the Board's standard for postcertification polling deviates significantly from the general law of employer interrogation as well as the more specific rules established for precertification polling. The remainder of this Note demonstrates that the Board's distinctions between pre- and postcertification polling do not justify …
The Nlra's "Guard Exclusion": An Analysis Of Section 9(B)(3)'S Legislative Intent And Modern-Day Applicability, Eric M. Jensen
The Nlra's "Guard Exclusion": An Analysis Of Section 9(B)(3)'S Legislative Intent And Modern-Day Applicability, Eric M. Jensen
Indiana Law Journal
No abstract provided.
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg
Michigan Law Review
A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff
Challenges And Choices Facing American Labor, George Feldman
Challenges And Choices Facing American Labor, George Feldman
Michigan Law Review
A Review of Challenges and Choices Facing American Labor edited by Thomas A. Kochan
Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine
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) …
An Analysis Of The Potential Use Of Rico To Impede The Flow Of Runaway Shops, Leslie Tarantola
An Analysis Of The Potential Use Of Rico To Impede The Flow Of Runaway Shops, Leslie Tarantola
Hofstra Labor & Employment Law Journal
No abstract provided.
Fair Representation As Equal Protection, Michael C. Harper, Ira C. Lupu
Fair Representation As Equal Protection, Michael C. Harper, Ira C. Lupu
Faculty Scholarship
In this Article, Professors Harper and Lupu argue that a model of "principled democracy" can systematize the now-disjointed body of labor law that imposes upon labor unions a duty of fair representation (DFR). The authors derive the framework for this model from the normative principle at the core of equal protection theory - that decisionmakers must accord "equal respect" to all within their jurisdiction. To transform equal protection doctrine into standards for the DFR, the authors strip away the institutional components of equal protection doctrine that are appropriate for judicial review of decisions made by public officials but inapplicable to …
Campaign Misrepresentations Since Midland National Life: A Survey And Appraisal, Douglas M. Lieberman
Campaign Misrepresentations Since Midland National Life: A Survey And Appraisal, Douglas M. Lieberman
Hofstra Labor & Employment Law Journal
No abstract provided.
Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke
Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke
Upjohn Press
Investigates factors that explain why 25-30 percent of the time unions fail to obtain collective bargaining agreements after winning the right to negotiate.
Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine
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.
Hearing On Fair Reduction-In-Force (Rif) Practice Act Of 1984 (H.R. 6080) Before The U.S. House Of Representatives Committee On Post Office And Civil Service Subcommittee On Human Resources: Testimony, Wayne R. Wendling
Testimonies
No abstract provided.
Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch
Union Liability For Illegal Strikes: The Mass Action Theory Redefined, Jerald R. Cureton, Victor J. Kisch
West Virginia Law Review
No abstract provided.