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Articles 91 - 120 of 304
Full-Text Articles in Labor and Employment Law
Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia
Ghost Workers In An Interconnected World: Going Beyond The Dichotomies Of Domestic Immigration And Labor Laws, Ruben J. Garcia
University of Michigan Journal of Law Reform
Beginning with the September 11, 2001 ("9/11 ") terrorist attacks, the labor movement's plans to organize immigrant workers and achieve immigration reform have met serious challenges. After 9/11, the political climate surrounding immigrants put the AFL-CIO s hopes for legislative reform on hold, because of socially perceived connections between immigrants and terrorism. Then, in a March 2002 decision titled Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court held that undocumented immigrant workers could not collect back pay under the National Labor Relations Act (NLRA) when their rights to join unions are violated. According to the Court, back pay …
Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska
Choosing Competition: A Proposal To Modify Article Xx Of The Afl-Cio Constitution, Brian Petruska
Hofstra Labor & Employment Law Journal
No abstract provided.
Did Hoffman Plastic Compounds, Inc. Produce Disposable Workers?, Robert I. Correales
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 …
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 …
Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor
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.
The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine
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.
A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper
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.
The Legitimacy Of Labor Unions, Peter Levine
The Legitimacy Of Labor Unions, Peter Levine
Hofstra Labor & Employment Law Journal
Labor unions do not have a well-understood rationale, as do capitalist enterprises, strictly voluntary associations, and democratic states. They are nonprofit associations, but also coercive economic agents; working-class communities, but also powerful special interests; embodiments of rights, but also incompatible with certain individual freedoms. These tensions result in an ambivalent legal status. For instance, unions may collect fees from (and negotiate contracts for) certain employees without obtaining their individual consent, yet no one can be required to belong to a union. Unions are exempt from antitrust laws and may restrain competition, but only in particular ways. We cannot assess these …
Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt
Employment In The New Age Of Trade And Technology: Implications For Labor And Employment Law, Kenneth G. Dau-Schmidt
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.
The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly
The Debate Over The Unionization And Collective Bargaining Of Private Physicians, Angel M. Aton, Heidi S. Connolly
Hofstra Labor & Employment Law Journal
No abstract provided.
Wellington’S Labors, Michael H. Gottesman
Wellington’S Labors, Michael H. Gottesman
Georgetown Law Faculty Publications and Other Works
My first class as a student at Yale Law School was the first class Harry Wellington taught there. It was the Fall of 1956. The course was Contracts. Harry entered the classroom, looking no older than the students (in truth, he 'wasn't much older), but surely better dressed. He settled himself on the corner of the desk, and the magic began. Without introduction or fanfare, Harry embarked on a monologue about a magazine that kept arriving, uninvited, in his mailbox each month. He confessed to leafing through the pages from time to time, and wondered if this obligated him to …
The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine
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, …
The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine
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 …
Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine
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. …
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
University of Michigan Journal of Law Reform
The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …
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
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.
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
"Membership" Obligations Under Nlra Section 8(A)(3): A Proposal For Statutory Change, Ronald Turner
Hofstra Labor & Employment Law Journal
No abstract provided.
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
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.
Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater
Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater
Seattle University Law Review
In 1928 a Seattle labor union appealed an adverse lower court ruling to the Washington State Supreme Court. The Seattle Post-Intelligencer claimed that the matter presented "probably the biggest labor question ever faced in this state."' This case did not involve the Industrial Workers of the World, loggers, or other traditional subjects of labor history. It involved high school teachers in the Seattle public schools. This paper will discuss this case, Seattle High School Teachers Chap. No. 200 of the American Federation of Teachers v. Sharples, and the circumstances surrounding it. Specifically, this paper will describe the formation of …
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
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 …
Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy
Indiana Law Journal
No abstract provided.
Some Keys To The Nba Lockout, Grant M. Hayden
Some Keys To The Nba Lockout, Grant M. Hayden
Faculty Journal Articles and Book Chapters
This article addresses two central issues regarding the 1998-99 National Basketball Association (“NBA”) lockout: 1) its impact on labor law doctrine and 2) what it reveals about the state of labor relations in the United States. The author concludes that, while the use of the traditional lockout weapon did not break any new ground in the area of labor law, the unique attributes of the NBA labor dispute provide insight into the condition of the American labor movement and public perceptions of unions. In particular, the author notes that the NBA lockout highlights both the dramatic differences in the power …
The Perception And Reality Of Discipline In Sports, Gene Orza
The Perception And Reality Of Discipline In Sports, Gene Orza
Hofstra Labor & Employment Law Journal
No abstract provided.
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
The Role Of Unions And Arbitration In Professional Baseball, Ralph Kiner
Hofstra Labor & Employment Law Journal
No abstract provided.
Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner
Reforming Accretion Analysis Under The Nlra: Supplementing A Borrowed Analysis With Meaningful Policy Considerations, Matthew S. Miner
University of Michigan Journal of Law Reform
Current accretion analysis utilizes a variety of factors to determine whether to merge a non-unionized group of employees with a unionized group of employees within the same firm. The present construction of the analysis; however, ignores employee views and potential manipulation of the doctrine. By failing to account for these two important factors, current accretion analysis neglects two key concerns of the National Labor Relations Act - preventing employer discrimination and fostering uncoerced employee action and choice. This Note advocates a better approach, which gives proper weight to employee views and considers employer motive to control against the possibility of …
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas
Cornell Law Faculty Publications
No abstract provided.
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Michigan Journal of International Law
Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.
The Signicance Of Worker Attitudes: Individualism As A Cause For Labor's Decline, Sharon Rabin Margalioth
The Signicance Of Worker Attitudes: Individualism As A Cause For Labor's Decline, Sharon Rabin Margalioth
Hofstra Labor & Employment Law Journal
No abstract provided.
Salting The Mines: The Legal And Political Implications Of Placing Paid Union Organizers In The Employer's Workplace, Victor J. Van Bourg, Ellyn Moscowitz
Salting The Mines: The Legal And Political Implications Of Placing Paid Union Organizers In The Employer's Workplace, Victor J. Van Bourg, Ellyn Moscowitz
Hofstra Labor & Employment Law Journal
No abstract provided.
Should The Nlrb Revisit Excelsior?, David Greenhaus
Should The Nlrb Revisit Excelsior?, David Greenhaus
Hofstra Labor & Employment Law Journal
No abstract provided.