Labor and Employment Law Commons^™

Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie

Theses and Dissertations

Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …

Of Hoops, Labor Dupes And Antitrust Ally-Oops: Fouling Out The Salary Cap, D. Albert Daspin

Indiana Law Journal

No abstract provided.

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'

The Ubiquitous Yet Illusive "Merger" Clause In Labor Agreements: Semantics, Applications, And Effect On Past Practice, R. Wayne Estes, Kirsten C. Love

Kentucky Law Journal

No abstract provided.

Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm

Faculty Scholarship

This article seeks to move beyond the debate between informal and formal legal regulation. Both approaches reflect essential but limited components of a legal regulatory regime. Neither approach adequately responds to the simultaneous challenges of changing organizational structure, racial and gender dynamics, and market-driven demands for flexibility and adaptiveness. The next step requires that we take account of the critiques of formality and informality. This requires embracing the challenge of developing new forms of legal regulation that treat organizational decision makers and incentive structures explicitly as part of the legal regulatory regime. In this view, law consists of a set …

Employment Arbitration After Gilmer: Have Labor Courts Come To The United States?, Robert N. Covington

Hofstra Labor & Employment Law Journal

No abstract provided.

Rethinking Bargaining Unit Determination: Labor Law And The Structure Of Collective Representation In A Changing Workplace, Alexander Colvin

Hofstra Labor & Employment Law Journal

No abstract provided.

The Family And Medical Leave Act: Unlocking The Door To The "Key Employee" Exemption, Neil S. Levinbook

Hofstra Labor & Employment Law Journal

No abstract provided.

Arbitration Of Employment Discrimination Claims Under Pre-Dispute Agreements: Will Gilmer Survive?, Michael Delikat, Rene Kathawala

Hofstra Labor & Employment Law Journal

No abstract provided.

The Signicance Of Worker Attitudes: Individualism As A Cause For Labor's Decline, Sharon Rabin Margalioth

Hofstra Labor & Employment Law Journal

No abstract provided.

Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld

Law Faculty Scholarly Articles

This brief comment examines the United States Court of Appeals for the Third Circuit decision in Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir. 1997).

Engineering The Middle Classes: Class Line-Drawing In New Deal Hours Legislation, Deborah C. Malamud

Michigan Law Review

The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers - people like the intended readers of this Article - came to be exempt from the Fair Labor Standards Act's general overtime rules. My purpose in telling this story is not to participate in the debate on whether the so-called "white-collar exemptions" to the Fair …

Board Of Education V. Taxman: The Unpublished Opinions, Ann C. Mcginley, Michael J. Yelnosky

Scholarly Works

On June 27, 1997 the United States Supreme Court granted certiorari in Board of Education v. Taxman to review a judgment of the United States Court of Appeals for the Third Circuit. That court had ruled, en banc, that the school board in Piscataway, New Jersey violated Title VII when it chose to lay off Sharon Taxman, a teacher at Piscataway High School, rather than Debra Williams, her colleague. Taxman quickly became the most anticipated decision of the Term. However, the case settled in November 1997 before argument, so the issues it raised are unresolved. Taxman quickly became the most …

Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley

Scholarly Works

The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …

Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter

Scholarly Works

Griggs v. Duke Power Co. was a landmark United States decision because it recognized that barriers to equal employment opportunity need not be overt and that practices that appear neutral on their face may nonetheless have an unjustifiably exclusionary effect on protected groups. This American insight has not been lost on other Western legal systems in the context of their antidiscrimination statutes and opinions. This article explores the favorable reception that disparate impact analysis has had bother in other countries with similar legal heritages and in international law.

Despite the wide acceptance of disparate impact analysis in the international marketplace …

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

Book Review Of Employment Discrimination Law, James S. Heller

Library Staff Publications

No abstract provided.

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell

LLM Theses

This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …

A Dialogue With The Chairman Of The Labor Board: Challenging Conventional Wisdom On The Impact Of Current Law On Alternative Forms Of Employee Representation, Charles J. Morris

Hofstra Labor & Employment Law Journal

No abstract provided.

Recovering The Costs Of Dol Wage Increases Under The Service Contract Act, Allen Cannon Iii, Richard B. Clifford Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Robinson V. Shell Oil Co.: Providing Former Employees With Protection From Retaliation, Donna P. Fenn

Hofstra Labor & Employment Law Journal

No abstract provided.

'Borderline' Sexual Harassment: A Study Of Sex Based Discrimination In The United States And Argentina And The Problem Of Extraterritorial Application Of U.S. Law, Keven H. Friedman, Christine R. Mertz

Hofstra Labor & Employment Law Journal

No abstract provided.

The Development Of Reassignment To A Vacant Position In The Americans With Disabilities Act, Jeffrey S. Berenholz

Hofstra Labor & Employment Law Journal

No abstract provided.

Salting The Mines: The Legal And Political Implications Of Placing Paid Union Organizers In The Employer's Workplace, Victor J. Van Bourg, Ellyn Moscowitz

Hofstra Labor & Employment Law Journal

No abstract provided.

Compulsory Arbitration Of Statutory Discrimination Claims Under A Collective Bargaining Agreement: The Odd Case Of Caesar Wright, David E. Feller

Hofstra Labor & Employment Law Journal

No abstract provided.

The Americans With Disabilities Act Protects Individuals With A History Of Cancer From Employment Discrimination: Myth Or Reality?, Susan M. Gibson

Hofstra Labor & Employment Law Journal

No abstract provided.

The "Substantially Younger" Requirement In O'Conner V. Consolidated Coin Caterers Corp.: Will Adea Plaintiffs Lose Again?, Kurt Schaub

Hofstra Labor & Employment Law Journal

No abstract provided.

Should The Nlrb Revisit Excelsior?, David Greenhaus

Hofstra Labor & Employment Law Journal

No abstract provided.

Arbitration: Time Limits And Continuing Violations, Richard I. Bloch

Michigan Law Review

Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …