Labor and Employment Law Commons^™

Vol. 19, No. 2, Daniel Nielsen, Christine Verploeg, James Martin

The Illinois Public Employee Relations Report

Contents:

Wimping Out: Practicing Arbitrators Look at Reinstatement Without Backpay, by Daniel Nielsen, Christine VerPloeg and James Martin

Recent Developments,

Further References, compiled by Margaret A. Chaplan

All In A Day's Work: Employers' Vicarious Liability For Sexual Harassment, Paula J. Dalley

West Virginia Law Review

No abstract provided.

Trade Secrets, Property, And Social Relations, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Balanced Hours: Effective Part-Time Policies For Washington Law Firms: The Project For Attorney Retention, Final Report, Third Edition, Joan Williams, Cynthia Thomas Calvert

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Knowledge At Work: Disputes Over The Ownership Of Human Capital In The Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab

Cornell Law Faculty Publications

Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible.

Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …

After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes

All Faculty Scholarship

Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …

Re Ben's Ltd And Bct, Local 445, Innis Christie

Innis Christie Collection

The Grievor, as the Union's Shop Steward, is acting for employees in the Employer's thrift stores. The grievance was initiated when the hours of a part-time employee were reduced. The Union asserted that the Employer was manipulating hours to avoid making employees full-time. The Employer maintained that there is nothing in the Collective Agreement which requires the creation of full time jobs where it could, or otherwise prevent the assignment of work to minimize the number of full-time positions.

The grievance fails. Part-time employees were excluded from the Collective Agreement.

Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging termination contrary to the provisions of the Collective Agreement between the parties, effective January 18, 1999 to January 17, 2002, in that the Grievor's probationary period under Article 8 had expired when he was terminated without just cause, contrary to Article 21. The Grievance also alleges that no information was supplied to the Grievor as to his performance progression throughout the probation­ary period.

Different Strokes For Different Folks: Balancing The Treatment Of Employers And Employees In Employment Discrimination Cases In Courts Within The Tenth Circuit Court Of Appeals, Ruben H. Arredondo

Brigham Young University Journal of Public Law

No abstract provided.

The Needs Of The Working Poor: Hearing Before The S. Comm. On Health, Education, Labor And Pensions, 107th Cong., Feb. 14, 2002 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.

Re Aliant Telecom Inc And Ac & Twu, Innis Christie

Innis Christie Collection

Policy Grievance 01-05 dated November 8, 2001 concerning the Contracting Out of Internet Member Services — Internet Dial Help Desk, which the Union alleges is contrary to Letter of Intent, Appendix E to the Common Part of the Collective Agreement between the Employer and the Union effective January 1, 1999 January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing, the parties agreed that I am properly seized of this matter and have jurisdiction to grant interim relief.

Re Nova Scotia Liquor Corp And Nsgeu, Local 470, Innis Christie

Innis Christie Collection

This is a consent award. The parties are agreed that the Employer breached the Agreement by not posting full-time jobs in the warehouse.

The Employer agrees to post seven (7) full-time warehouseman positions, and two (2) conditional warehouseman positions on or before December 14, 2001. The Union waives any right to claim entitlement to further warehouseman postings over the review periods spanning 1998 through 2001. The parties agree to make their best efforts to resolve issues in upcoming bargaining negotiations. Failing agreement on the meaning of the term "non-overlapping hours", either party may grieve its interpretation.

Re Canada Post Corp And Cupw (105-00-00010), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by creating another part-time walk (walk 51) when it would have been practicable, as required by the Agreement, to combine part-time walks to create a full-time walk. The Union seeks an order that the Employer combine walk 51 with other part-time walks in order to create a full-time walk, and compensate any employees who have lost rights, earning and benefits from its failure to do so heretofore.

Re Canada Post Corp And Cupw (105-00-00003), Innis Christie

Innis Christie Collection

The Union alleges that the Employer violated the Agreement by failing to provide the Union with the results of the five day count taken September 22-29, 1999. The Union 's original request on remedy was an order that the results be provided. However, since the hearing took place more than two years after the count, the Union now asks that the Employer be ordered to conduct another five day count within one month of the award. The Union asks that the Arbitrator remain seized of the matter should the parties be unable to agree on monetary remedy.

Brief For The Respondent, Chevron U.S.A. V. Echazabal, No. 00-1406 (U.S. Feb. 1, 2002), Chai R. Feldblum

U.S. Supreme Court Briefs

No abstract provided.

Re Canada Post Corp And Cupw (N00-00-00008), Innis Christie

Innis Christie Collection

The parties have requested a declaratory judgement interpreting Article 20.10 of the Agreement, respecting deduction of sick leave credit. The Union takes the position that the Article applies to employees classified as full-time but only working part of the day due to participation in a work-hardening program or because of a disability being accommodated by the Employer. The Employer's position is that the provision is only intended to apply to absences for part of a full- time shift because of unexpected onset of illness during the shift.

Re Health Care Corp Of St. John's And Nape, Innis Christie, G Butler, D Hurley

Innis Christie Collection

Union policy grievance dated August 13, 1999, alleging breach of Articles 2, 3.08 and 22 of the Collective Agreement between the Employer and the Union signed June 2, 1998, with expiry date March 31, 2000, in that in a Memorandum to "All Employees" dated August 11, 1999 the Employer announced the introduction of a new Functional Assessment Form to be used by all employees seeking permission to be absent on sick leave in accordance with Article 22. Since February 1, 2000 the Functional Assessment Form, referred to by the parties as the "FAF", has in fact been required in a …

Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

Faculty Scholarship

No abstract provided.

H-2a Workers Should Not Be Excluded From The Migrant And Seasonal Agricultural Worker Protection Act, Christopher Ryon

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Vol. 19, No. 1, Robert C. Long

The Illinois Public Employee Relations Report

Contents:

Public Policy Challenges to Arbitration Awards in the Public Sector Under Illinois Law: Illinois Lets Loose the Unruly Horse, by Robert C. Long

Recent Developments,

Further References, compiled by Margaret A. Chaplan

Enda Before It Starts: Section 5 Of The Fourteenth Amendment And The Availability Of Damages Awards To Gay State Employees Under The Proposed Employment Non-Discrimination Act, William D. Araiza

Faculty Scholarship

No abstract provided.

The Labor Strike: Is It Still A Useful Economic Weapon For Unions?, 35 J. Marshall L. Rev. 255 (2002), Gerald E. Berendt, David Moberg, Stephen Franklin

UIC Law Review

No abstract provided.

Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt

UIC Law Review

No abstract provided.

A Primer On The Taxation Of Executive Deferred Compensation Plans, 35 J. Marshall L. Rev. 487 (2002), Kathryn J. Kennedy

UIC Law Review

No abstract provided.

Pension Simplification, 35 J. Marshall L. Rev. 565 (2002), David A. Pratt

UIC Law Review

No abstract provided.

Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile

UIC Law Review

No abstract provided.

Phased Retirement Programs For The Twenty-First Century Workplace, 35 J. Marshall L. Rev. 633 (2002), Pamela Perun

UIC Law Review

No abstract provided.

E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts

UIC Law Review

No abstract provided.

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.