Labor and Employment Law Commons^™

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union and the Employer effective April 1, 2001 - March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when Ronald Smith, a Physio Aide, retired the Employer failed to post that position.

Research To Practice: Diabetes And Vocational Rehabilitation Employment Services And Outcomes, Jonathan Woodring, Susan Foley

Research to Practice Series, Institute for Community Inclusion

Approximately 18 million people in the U.S. have diabetes. This brief uses Rehabilitation Services Administration data to provide a picture of people with diabetes using the Vocational Rehabilitation system.

Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme

Nevada Supreme Court Summaries

Julie Mitchell, a Clark County classroom teacher, inexplicably fell down a flight of stairs while at work. The Court held that stairs, in and of themselves, and other things that are not peculiar to the employment environment, are not sufficiently dangerous to be the cause of a workers’ compensation claim.

Re Provincial Health Services Authority And Peiupse, Innis Christie

Innis Christie Collection

Grievance by the Union alleging wrongful dismissal of the Grievor, based on allegations of physical abuse of a patient in one of the Employer's health care facilities. The Union has requested pre­hearing production of various documents in the medical file of the patient who made the allegations. The Employer has refused pro­duction based on the P.E.I. Mental Health Act, R.S.P.E.I. 1988, c. M-6.1. The parties have agreed that the issue of whether the Employer can and should be ordered to produce the documents in issue is to be decided by the Chair of the Board of Arbitration estab­lished to deal …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.

Is U.S. Ceo Compensation Inefficient Pay Without Performance?, John E. Core, Wayne R. Guay, Randall S. Thompson

Michigan Law Review

In Pay Without Performance, Professors Lucian Bebchuk and Jesse Fried develop and summarize the leading critiques of current executive compensation practices in the United States. This book, and their highly influential earlier article, Managerial Power and Rent Extraction in the Design of Executive Compensation, with David Walker offer a negative, if mainstream, assessment of the state of U.S. executive compensation: U.S. executive compensation practices are failing in a widespread manner, and much systemic reform is needed. The purpose of our Review is to summarize the book and to offer some counterarguments to try to balance what is becoming …

Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith

San Diego International Law Journal

This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …

Advanced Employment Retaliation Issues, William A. Herbert

Publications and Research

This paper presented at the American Bar Association 2005 Equal Employment Opportunity Committee Midwinter Meeting discusses three issues relating to retaliation claims in the private and public sectors: the use of union information demands with regard to potential retaliation claims; the anti-retaliation provisions contained in certain federal environmental laws and regulations; and the standards for establishing causation regarding an adverse personnel action in First Amendment retaliation claims by public employees.

Where There’S At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

ExpressO

Employment at will, the doctrine that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they have riddled the rule with increasing exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two …

Vol. 22, No. 2, Robin Potter

The Illinois Public Employee Relations Report

Contents:

Overtime Wages and the Suffer or Permit to Work Standard under the Fair Labor Standards Act, by Robin Potter

Recent Developments

Further References, compiled by Yoo-Seong Song

Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.

Diversity: Denied, Deferred Or Preferred, Carl G. Cooper

West Virginia Law Review

No abstract provided.

Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May

University of Arkansas at Little Rock Law Review

No abstract provided.

Research To Practice: Job Networking In Diverse Communities, Rooshey Hasnain, Jennifer Bose, Joy Gould, John Butterworth

Research to Practice Series, Institute for Community Inclusion

While individuals with disabilities face many obstacles when seeking employment, there are usually additional challenges for those from diverse cultures. To address this issue, ICI formed partnerships with community immigrant organizations to teach networking techniques to job seekers.

Assessing The Case For Employment Arbitration: A New Path For Empirical Research, David Sherwyn, Samuel Estreicher, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges

Law Faculty Publications

The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …

The Unwitting Attorney, The Desperate Client, And The Perpetuation Of The New York Power Play: A Proposal To Ban Voluntary Assignments Of Legal Malpractice Claims Via New York General Obligations Law Section 13-101, Rosalie S. Walters

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Expert Testimony On Sexually Abused Child Syndrome In A Child Protective Proceeding: More Hurtful Than Helpful, Mary Ellen Reilly

Cardozo Public Law, Policy & Ethics Journal

The note argues that Sexually Abused Child Syndrome (SACS) testimony is unreliable and should not be admitted as corroborating evidence in child protective proceedings. It contends that SACS lacks scientific validity, is not recognized as a medical diagnosis, and fails to meet evidentiary standards for reliability. The author asserts that allowing SACS testimony violates due process rights and risks wrongful outcomes, advocating for stricter standards for expert testimony and alternative methods of substantiating abuse allegations.

Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …

Grinding Decline In Springfield: Is The Finance Control Board The Answer?, Robert Forrant

New England Journal of Public Policy

Springfield, Massachusetts, the Bay State’s third largest city, suffered staggering manufacturing job loss over the last thirty years of the twentieth century. In 2004, the financial impact of job loss, coupled with dubious fiscal management, plunged the city into near bankruptcy. In response, state government passed legislation appointing a Finance Control Board to manage city business. Wage freezes for City workers were continued and cuts in numerous essential services occurred to deal with the debt. But the question remains, can a Control Board approach grow a large stock of well-paying jobs — large enough to grow the city’s and the …

State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater

ExpressO

The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …

Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes

Brigham Young University Education and Law Journal

No abstract provided.

Data Note: Ssa Work Incentives Enrollment, 1990-2004, Katherine Fichthorn, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

To encourage employment for individuals with disabilities, the Social Security Administration (SSA) offers special provisions that limit the impact of work on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These provisions are called work incentives and include the Plan to Achieve Self-Support (PASS), Impairment-Related Work Expenses (IRWE), and Blind Work Expenses (BWE).

The New Map: The Supreme Court's Guide To Curing Thirty Years Of Confusion In Erisa Savings Clause Analysis, Matthew O. Gatewood

Washington and Lee Law Review

No abstract provided.

Arbitration And State Action, Sarah Rudolph Cole

BYU Law Review

No abstract provided.

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …

The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Case Studies Of Local Boards And One-Stop Centers: Underutilization Of One-Stops By People With Significant Disabilities, Doris Hamner, Jaimie Ciulla Timmons

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) identifies individuals with disabilities as among the constituencies to be served by One-Stop Career Centers. Due to a variety of factors, including lack of an overall One-Stop data collection system, no clear way to identify disability in the system, and non-disclosure of disability by many customers, it is difficult to ascertain the exact level of One-Stop usage by people with disabilities. However, existing data sources and anecdotal evidence indicate that people with disabilities underutilize One-Stops. The number of people with disabilities that use One-Stops seems to be lower than what would be expected based on …

Case Studies Of Local Boards And One-Stop Centers: Levels Of Involvement Of State Vr Agencies With Other One-Stop Partners, Sheila Fesko, Doris Hamner

Case Studies Series, Institute for Community Inclusion

The Workforce Investment Act (WIA) emphasizes coordination and collaboration for better service delivery between state departments of Vocational Rehabilitation (VR) and other One-Stop partners. Although WIA's requirements for VR participation are clear, the parameters of this partnership are flexible and depend on a variety of factors within each state and local system. Defining the role of VR has had its challenges, as is the case for many partners in the WIA system. However, there are numerous examples of VR agencies working creatively to establish effective partnerships that positively influence services for job seekers with disabilities in the One-Stop system. The …

Case Studies Of Local Boards And One-Stop Centers: Strategies For Maximizing Staff Competence When Supporting Job Seekers With Disabilities In One-Stop Career Centers, Allison Cohen Hall, Sheila Fesko

Case Studies Series, Institute for Community Inclusion

Since states began implementing the Workforce Investment Act (WIA) of 1998, One-Stop Career Centers have had to address the challenges of serving all customers seeking services, including job seekers with disabilities. To meet this challenge, many local One-Stops have demonstrated commitment to and progress towards creating innovative practices that positively affect access for job seekers with disabilities in the workforce system. The following brief is offered as a tool for local workforce systems to help achieve meaningful employment outcomes for job seekers with disabilities. This brief is part of a series of products offering practical solutions for Local Workforce Investment …