Labor and Employment Law Commons^™

The Use (Or Abuse) Of Expert Witnesses In Post-Daubert Employment Litigation, Bruce D. Black

Hofstra Labor & Employment Law Journal

No abstract provided.

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

Hofstra Labor & Employment Law Journal

No abstract provided.

Putting Gilmer Where It Belongs: The Faa's Labor Exemption, David E. Feller

Hofstra Labor & Employment Law Journal

Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" …

State Action And The Enforcement Of Compulsory Arbitration Agreements Against Employment Discrimination Claims, Jeffrey L. Fisher

Hofstra Labor & Employment Law Journal

No abstract provided.

Striking Bargains: The At-Will Employment Of Permanent Strike Replacements, Michael D. Moberly

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

Hofstra Labor & Employment Law Journal

No abstract provided.

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers presented at the session were more recent entrants into the …

Star Quality And Job Security: The Role Of The Performers' Unions In Controlling Access To The Acting Profession, Emily C. Chi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Faculty Publications

(Excerpt)

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Is Leaving Work To Obtain Safety "Good Cause" To Leave Employment?—Providing Unemployment Insurance To Victims Of Domestic Violence In Washington State, L'Nayim A. Shuman-Austin

Seattle University Law Review

This paper focuses on the unemployment compensation statutes, administrative law decisions, and the case law of Washington state and proposes that domestic violence creates involuntary unemployment and should, therefore, be considered a compelling good cause situation for provision of unemployment compensation benefits. Title 50 of the Revised Code of Washington, which provides the structure and provisions of unemployment compensation eligibility, should be liberally construed by agency officials and courts or amended so as to provide unemployment compensation benefits to victims of domestic violence who leave work to obtain safety.

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …

Kimel V. Florida Bd. Of Regents, 120 S. Ct. 631(2000), Tanya Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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 …

When Parental Interference Goes Too Far: The Need For Adequate Protection Of Child Entertainers And Athletes, Erica Siegel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.

Law Faculty Publications

The structure of this Article is as follows. Part I consists of a hypothetical situation which will be referenced throughout the Article to illustrate sex discrimination jurisprudence. Part II describes the Supreme Court's disparate treatment jurisprudence. Part III describes the Court's restructuring of sexual harassment jurisprudence. Finally, Part IV examines the elimination of the distinction between sexual harassment and disparate treatment and its implications, including the new hostile work environment disparate treatment claim.

The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges

Law Faculty Publications

The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …

The First Bite Is Free: Employer Liability For Sexual Harassment, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

In June, 1998, the Supreme Court issued two decisions, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton that established new standards for employer liability for sexual harassment. Although the two cases presented different questions and factual predicates, the Court adopted a unified holding with respect to employer liability for supervisor harassment. Many commentators interpreted the new standards as a blow to employers based on the perception that employers would now be held accountable for workplace harassment without regard to their culpability.

The thesis of this article is that the conventional wisdom with respect to Faragher and …

Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung

Faculty Scholarship

It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.

That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …

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 …

The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz

Seattle University Law Review

Part II of this article will begin by reviewing the growing awareness before 1925 of the crisis in the New England textile industry and the emergence of John Winant as a concerned leader. Part III examines the early effort to confront the decline with new corporate and public policies. Part IV chronicles the pursuit of labor standards through interstate compacts and alternatives. Part V focuses upon joining the ILO and the questions that arose regarding the relationship of conventions to domestic law. Part VI describes the post-World War II attacks on the ILO which undermined, until the 1990s, the United …

The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell

Villanova Law Review (1956 - )

No abstract provided.

Arbitration And Judicial Review, Theodore J. St. Antoine

Other Publications

A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …

Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer

Faculty Scholarship

This article discusses recent employment law developments at the United States Supreme Court. Employment law cases took center stage during the October 1997 and 1998 Terms of the Supreme Court and important employment law cases were pending, or have been decided, during the October 1999 Term. This article briefly surveys the Court's employment law cases during the October 1997 Term, focusing more extensively on the Court's employment law cases during the October 1998 Term, and then discusses two very important employment law cases before the Court during the October 1999 Term, involving the constitutionality of the Age Discrimination in Employment …

Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges

Law Faculty Publications

A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …

Employer Prerogative And Employee Rights: The Never-Ending Tug-Of-War, Henry L. Chambers, Jr.

Law Faculty Publications

Where there are employees and employers, there will be employment relationships in need of mending. That reality is enough to guarantee that employment law will always be a warm, if not hot, area of the law. The article and notes on employment law in this issue demonstrate that the development of employment law continues apace.

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

New Plants As Natural Experiments In Economic Adjustment: Adjustment Costs, Learning-By-Doing And Lumpy Investment, James Bessen

Faculty Scholarship

A large sample of new plants is studied to reveal detailed adjustment behavior for capital, labor and productivity. Once production has begun, capital adjusts almost as quickly as labor. Overall, capital adjustment is lumpy while labor follows a learning-by-doing model rather than a convex adjustment cost model. Plants are quite heterogeneous, however: convex adjustment costs appear important at small plants, but large plants exhibit lumpy investment and substantial investment in learning-by-doing. A positive association between plant productivity growth and wages (and also the change in wages) corroborates the importance of learning-by-doing. Also, learning-by-doing appears to influence the behavior of large …