Labor and Employment Law Commons^™

Summary Of Umc Physicians V. Nev. Serv. Emp. Union, 124 Nev. Adv. Op. No. 9, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for filing a complaint with Nevada’s Local Government Employee-Management Relations Board (the “Board”), under NRS 288.110 and NRS 288.040. The Nevada Supreme Court held that a complainant need only be an employee organization as defined in NRS 228.040 and have a legally recognizable interest in a justiciable controversy in order to file a complaint.

Massworks: One-Stop Collaborations: The Key To Expanding Your Workforce Connections, Rick Kugler

MassWorks Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) of 1998 mandated One-Stop Career Centers to deliver public workforce development services. The intent of WIA was to bring together a wide range of federally funded employment and training programs to create an integrated service system to meet the needs of all job seekers.

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Re Canada Post Corp And Cupw (066-07-00001), Innis Christie

Innis Christie Collection

Union grievance, submitted on August 29, 2007, on behalf of all affected employees alleging breach of Articles 11,13 and 52 in that the Employer failed to fill a vacant RLC position. The Union sought an order that the Employer grant full redress to the employee who should have been given the RLC position.

Brief Of Petitioner, Engquist V. Oregon Dept. Of Agriculture, No. 07-474 (U.S. Feb. 20, 2008), Justin Florence, Mathew Gerke, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Nlnu V Eastern Regional Integrated Health Authority, Innis Christie

Innis Christie Collection

This is a policy grievance regarding the Employer's Attendance Management Program. The Union does not believe some sections conform with the Collective Agreement. The Employer is willing to accept guidance if some aspect of the Program is inconsistent with the Agreement.

The grievance succeeds in part. The grievance is dismissed except that the Employer is directed to amend the written policy to reflect the manner in which the policy is actually applied. Jurisdiction is retained to assist with the implementation of the award, if needed.

Ufcw, Local 1288p V Maple Leaf Consumer Foods Moncton Ltd, Innis Christie

Innis Christie Collection

The Grievor was discharged for innocent absenteeism. The Union believes this was without just cause and that the Employer failed to sufficiently accommodate the Grievor. Reinstatement was initially requested as remedy, but the Grievor had found other employment and requested compensation instead.

Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith

American University Law Review

Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …

Data Note: Job Seekers With Disabilities At One-Stop Career Centers: An Overview Of Registration For Wagner-Peyser Funded Employment Services, David Hoff, Samita Bhattarai

Data Note Series, Institute for Community Inclusion

The Wagner-Peyser Act of 1933 established a nationwide system of public employment services, known as the Employment Service. Via the Workforce Investment Act of 1998, the Employment Service was made part of the One-Stop service delivery system. Wagner-Peyser funds are a primary source of funding for the core and other services of One–Stop Career Centers that provide employment services available to all people, including people with disabilities.

The Emergence Of State Data Privacy And Security Laws Affects Employers, Joseph J. Lazzarotti

Hofstra Labor & Employment Law Journal

No abstract provided.

Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

Law Faculty Publications

Recently, the Supreme Court rendered an inexplicable First Amendment decision that has far-reaching effects on the way government is held accountable to the public. In Garcetti v. Ceballos, the Court determined that a government employer can retaliate against an employee for doing his job correctly, notwithstanding the Constitution, so long as the employer targets speech that was part of the employee’s official duties. Inasmuch as government employees are often responsible for reporting government misconduct and other matters of public concern, this opinion essentially leaves the public unprotected from the unbridled discretion of government supervisors. The possible motivations for this …

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

All Faculty Scholarship

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.

Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Vol. 25, No. 1, Consuela A. Pinto

The Illinois Public Employee Relations Report

Contents:

Family Responsibilities Discrimination: The Next Frontier in Public Sector Employment Law, by Consuela A. Pinto

Recent Developments

Further References, compiled by Yoo-Seong Song

The Disappearing Dilemma: Why Agency Principles Should Now Take Center Stage In Retaliation Cases, Sandra F. Sperino

Faculty Articles and Other Publications

In Burlington Northern Santa Fe Railroad v. White, the Supreme Court soundly rejected the idea that the plaintiff must establish that conduct rose to the level of an adverse employment action to constitute retaliation under Title VII. This Article posits that, in an effort to square Burlington with other Title VII agency jurisprudence, the courts will be required to re-import the concept of tangible employment action into decisions regarding whether an employer is vicariously liable for actions committed by supervisors.

While the lower courts appear to recognize that agency issues come into play when retaliation is conducted by co-workers, …

Phased Retirement And The Age Discrimination In Employment Act: Legal Standards And Risks, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Under current law there is no definition of “phased retirement.” However, employers currently devise a variety of ways in which to implement such programs -- by either allowing critical employees to reduce their schedules rather than retire or by allowing retired employees to return as independent contractors. In either case, employers who implement either formal or informal phased retirement programs must make sure that such programs comply with the Age Discrimination in Employment Act (ADEA).

The Impact Of Emerging Techologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia K. Tuminaro

Hofstra Labor & Employment Law Journal

No abstract provided.

Are You In Or Are You Out? The Effect Of A Prior Criminal Conviction On Bar Admission & A Proposed National Uniform Standard, Anthony J. Graniere, Hilary Mchugh

Hofstra Labor & Employment Law Journal

No abstract provided.

Complying With Export Laws Without Importing Discrimination Liability: At Attempt To Integrate Employment Discrimination Laws And The Deemed Export Rules, Sandra F. Sperino

Faculty Articles and Other Publications

The federal deemed export rules prohibit certain individuals from receiving any information about certain technologies without the required license, even if those individuals are otherwise authorized to work within the United States. In other words, employers who deal with technology or software subject to export control may be considered to be illegally exporting such technology or software, simply by allowing certain foreign nationals to work with or gain information about the restricted items.

This article will attempt two moderately simple tasks and one more difficult. The first task is to identify the tensions that exist between the deemed export rules …

Monetizing Diaspora: Liquid Sovereigns, Fertile Workers, And The Interest-Convergence Around Remittance, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.

Sentencing Guidelines For The Court Of Public Opinion: An Analysis Of The National Football League's Revised Personal Conduct Policy, Michael A. Mahone Jr.

Vanderbilt Journal of Entertainment & Technology Law

The National Football League (NFL) is considered to be the premier professional sports league in the United States, if not the world. In order to maintain that prominence, it is necessary for the NFL to address circumstances that may arise periodically that could have a deleterious effect on league revenues. Throughout the history of the NFL, initiatives taken to safeguard its continued prosperity have been within the province of the NFL Commissioner. The behavior of NFL players, whether on the playing field or in their personal lives, presents one such threat to the league's financial success. In the area of …

Legislative Updates, Shiwali Patel

The Modern American

No abstract provided.

Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser

UIC Law Review

No abstract provided.

Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth

UIC Law Review

No abstract provided.

Foreword, 41 J. Marshall L. Rev. Xxxvii (2008), Jonathan Barry Forman

UIC Law Review

No abstract provided.