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Articles 121 - 150 of 191
Full-Text Articles in Labor and Employment Law
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Faculty Publications
This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
Fordham Urban Law Journal
Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …
The Plant Closure Policy Dilemma: Labor, Law And Bargaining, Wayne R. Wendling
The Plant Closure Policy Dilemma: Labor, Law And Bargaining, Wayne R. Wendling
Upjohn Press
Examines the role of collective bargaining in plant closings.
Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower
Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower
Upjohn Press
A comprehensive analysis of the effects of QWL and other forms of worker participation on the collective bargaining process.
Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster
Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster
Upjohn Press
Presents the findings of a five-year study of the structure, process and impact of six forms of union-management programs aimed at improving productivity.
Deciding To Forego Life-Sustaining Treatment: Implications For Policy In 1985, Christine K. Cassel
Deciding To Forego Life-Sustaining Treatment: Implications For Policy In 1985, Christine K. Cassel
Cardozo Law Review
No abstract provided.
Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen
Faculty Scholarship
The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward …
Union Liability In Fair Representation Suits, Robert L. Jones Jr.
Union Liability In Fair Representation Suits, Robert L. Jones Jr.
Journal Articles
In 1976 Charles V. Bowen, a United States Postal Service employee requested that his union, the American Postal Workers initiate arbitration proceedings to prevent his employer from firing him over an alleged altercation with another employee. After the union refused Bowen sued both the Service for firing him and American Postal Workers for breaching its duty of fair representation. The case reached the U.S. Supreme Court, which held that a union that fails to properly represent an employee illegally fired from his job is liable for a portion of his lost wages. The Bowen decision poses a serious threat to …
The Conflict Surrounding The Producer Distributor Relationship Requirement Of The Publicity Proviso
The Conflict Surrounding The Producer Distributor Relationship Requirement Of The Publicity Proviso
Washington and Lee Law Review
No abstract provided.
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Upjohn Press
Examines a variety of cooperative arrangements and the resulting problems and successes.
Jacksonville Bulk Terminals V. Longshoremen, Lewis F. Powell Jr
Jacksonville Bulk Terminals V. Longshoremen, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Workers In Industrial America, Essays On The Twentieth Century Struggle, Ralph Barnhart
Workers In Industrial America, Essays On The Twentieth Century Struggle, Ralph Barnhart
University of Arkansas at Little Rock Law Review
No abstract provided.
American Textile Mfrs. Institute, Inc. V. Donovan, Lewis F. Powell Jr.
American Textile Mfrs. Institute, Inc. V. Donovan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz
New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Indiana Law Journal
No abstract provided.
Nlrb Determination Of Incumbent Unions' Majority Status, C. Frederick Lebaron Jr.
Nlrb Determination Of Incumbent Unions' Majority Status, C. Frederick Lebaron Jr.
Indiana Law Journal
No abstract provided.
Finality And Fair Representation: Grievance Arbitration Is Not Final If The Union Has Breached Its Duty Of Fair Representation.
Washington and Lee Law Review
No abstract provided.
Compulsory Union Membership Under The National Labor Relations Act-Is Hershey Foods Corp. The End Of The Road?
Washington and Lee Law Review
No abstract provided.
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Indiana Law Journal
No abstract provided.
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering
Indiana Law Journal
Symposium: A Year of Teacher Bargaining in Indiana
Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player
Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player
Scholarly Works
Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …
Union Waiver Of Initiation Fees During The Organizational Campaign, T. Kennedy Helm Iii
Union Waiver Of Initiation Fees During The Organizational Campaign, T. Kennedy Helm Iii
Kentucky Law Journal
No abstract provided.
Union Discipline Of Supervisory Personnel
Union Discipline Of Supervisory Personnel
Washington and Lee Law Review
No abstract provided.
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.
Coordinated Bargaining With Multinational Firms By American Labor Unions, Arthur S. Leonard
Coordinated Bargaining With Multinational Firms By American Labor Unions, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Indiana Law Journal
No abstract provided.
Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer
Wired For Collyer: Rationalizing Nlrb And Arbitration Jurisdiction, Michael J. Zimmer
Indiana Law Journal
No abstract provided.
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.
Two Workers, Kenneth Lasson
Two Workers, Kenneth Lasson
All Faculty Scholarship
This article profiles two individuals who were workers in two distinct industries. The first profile is of Dotty Neal, who at the time of this article's writing, worked for the Chesapeake & Potomac Telephone Company, in Maryland. The nature of her job and work are described, often in her own words. The second profile is of Ray Murdock, who worked as a sanitary worker, or "garbageman," in Boston, MA. Again, the nature of this kind of work is described, often in Murdock's own words. The article shows how much technology has changed in the telecommunications industry, and perhaps how much …