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Modern Discrimination Theory And The National Labor Relations Act, Rebecca H. White

Scholarly Works

This Article explores the concept of discrimination under the NLRA [National Labor Relations Act]. Specifically, it examines discrimination under the statute through the lens of Title VII, an approach that brings a fresh perspective to doctrine long considered settled. The purpose of this comparison is to explore the extent to which Title VII's discrimination concepts make sense under the NLRA. This analysis focuses on three specific areas. First, it examines discrimination cases under section 8(a)(1), concluding that the lower courts are wrong to apply Title VII concepts and to insist that without disparate treatment of union activities, no unlawful discrimination …

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.

Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld

Law Publications

No abstract provided.

On-Call Time Under The Fair Labor Standards Act, Eric Phillips

Michigan Law Review

Economic pressures, changing family structures, and technology have increasingly blurred the line between work time and personal time. The rise of independent contracting, the growing number of families in which both parents work, and the. expanding reach of computer networks, fax machines, pagers, and mobile telephones, to provide a few examples, have blurred the once-familiar distinction between work time and leisure time. This distinction is particularly unclear for on-call employees. An on-call employee is one who may be physically away from the workplace but who remains connected to it by telephone, beeper, computer, or radio, and who must respond to …

Re Strait Crossing Joint Venture And Iuoe, Innis Christie

Innis Christie Collection

Union Grievance concerning calculation of overtime pay. Grievance dismissed.

Union grievance alleging breach of Articles 17, 19, and Appendices "A", "B", "C", "D", and "E" the Collective Agreement between the Unions and the Employer dated September 17, 1993, which the parties agreed is the Collective Agreement that governs this matter, in that the Employer paid overtime improperly. The Unions requested that the Employer be ordered to pay overtime in full, with interest.

Vol. 14, No. 3, Lawrence J. Casazza, Barry J. Shulock

The Illinois Public Employee Relations Report

Contents:

Violence in the Workplace: An Employer's Potential Liability and How to Reduce That Exposure, by Lawrence J. Casazza, Barry J. Shulock

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons

University of Arkansas at Little Rock Law Review

No abstract provided.

Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

1996 Pension Simplification, David M. Graf

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination, Richard L. Ruth

Mercer Law Review

The 1996 survey period presented a rather unique year for the Eleventh Circuit in the employment discrimination arena. For example, the long anticipated wave of Americans with Disabilities Act ("ADA") litigation finally reached shore. In a different twist, employers fared better than in past years on summary judgment appeals. Finally, the first reported retaliation case in the Eleventh Circuit arising under the Employee Retirement Income Security Act ("ERISA") was decided. In all, as the following discussion will amply illustrate, it was a very busy year for employment law in the Eleventh Circuit, with significantly more noteworthy cases on appeal.

Labor Law, Stephen W. Mooney, Leigh Lawson Reeves

Mercer Law Review

This Article surveys the 1996 decisions of the United States Court of Appeals for the Eleventh Circuit in which the court addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the Labor Management Relations Act of 1947 ("LMRA") the Fair Labor Standards Act of 1938 ("FLSA"), the Occupational Safety and Hazard Act of 1970 ("OSHA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

In this survey year, the Eleventh Circuit decided several cases involving these traditional areas of labor law. Due to the volume of cases, this Article …

Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper

Faculty Scholarship

Twenty-four years after pronouncing that "Congress[ ,]... not... this Court[, must remedy] any inconsistency or illogic" in the long standing exemption of baseball, but not other sports from the reach of the antitrust laws,' the Supreme Court last term reduced substantially the uniqueness of Major League Baseball's control over its labor market. The Court did so not by exposing baseball to antitrust attack, but rather by clarifying that restrictions on player labor mobility and freedom of contract imposed by all North American leagues of professional sports teams² also enjoy an exemption from antitrust scrutiny as long as their labor …

Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas

Oregon Law Institute, 1997

Course Materials from the June 13, 1997 Program in Portland

Overcoming Collective Action Problems: Enforcement Of Worker Rights, Louise Sadowsky Brock

University of Michigan Journal of Law Reform

In a period of new employment laws, it is important to determine how those laws are enforced, why enforcement of those laws is sometimes limited and how enforcement can be improved. This Note discusses the ways in which the theory of collective action limits enforcement of three employee rights statutes: the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Worker Adjustment and Retraining Notification Act. Enforcement mechanisms such as class action lawsuits, administrative agencies, employee participation groups, and labor unions represent potential methods of overcoming collective action problems. Each method has its benefits, and the three …

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland

Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper

Faculty Scholarship

Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.

Therefore, I will present a more …

Re Pictou District School Board And Nstu, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Professional Agree­ment between the Board and the Union made on June 29, 1990, which the parties agreed is the relevant collective agreement here, in that, without proper cause, the Board demoted the Grievor from the posi­tion of Vice-Principal of Trenton High School to the position of teacher. The parties agreed that the grievance was properly filed and is before me in accordance with Article 2 of the Professional Agree-ment. The Union requests an order that the Grievor be reinstated as Vice-Principal and be paid the difference between what he has been paid as a …

Vol. 14, No. 2, Gregory J. Malovance, Margaret R. Gibbs

The Illinois Public Employee Relations Report

Contents:

New Developments in Public Sector Arbitration—The New Trilogy and Much Ado About Nothing, by Gregory J. Malovance, Margaret R. Gibbs

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody

Law Publications

No abstract provided.

A Practical Guide To Employment-Based Immigration The State Of Employment-Based Immigration In The Wake Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Helen L. Konrad, Mark B. Rhoads, Eliot Norman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Confronting Judicial Values: Rewriting The Law Of Work In A Common Law System, James Atleson

Buffalo Law Review

No abstract provided.

Town & Country Electric, Inc. V. National Labor Relations Board: Salts: We're Employees--What Happens Now, Kenneth N. Dickens

West Virginia Law Review

No abstract provided.

Employment Law Dilemmas: What To Do When The Law Forbids Compliance, Steven C. Bednar

Brigham Young University Journal of Public Law

No abstract provided.

Covenants Not To Compete In Utah: A Useful Tool For Employers, Carolyn Cox

Brigham Young University Journal of Public Law

No abstract provided.

The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway

Washington International Law Journal

This comment examines the problem of foreign worker abuse in the U.S. Commonwealth of the Northern Mariana Islands ("NMI"). The United States and the NMI have a unique relationship governed by an agreement known as the "Covenant." The Covenant creates fundamental barriers which will limit the effectiveness of federal efforts to resolve the foreign worker abuse problem in the NMI. This comment demonstrates that a balanced effort of prosecutions by both governments under U.S. federal labor law and NMI criminal law is needed to protect the well being of foreign workers in the NMI.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Union policy grievances alleging breach of the Collective Agreement between the Union and T.C.C. Bottling Ltd., amended and kept in force between these parties by the Memorandum of Agreement dated October 19, 1993, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Articles 2, 8, 13 and 22, in that the Employer employed people who were not union members to do bargaining work in the service department. The Union requested that the Employer be ordered to pay damages to employees on lay-off who should have done the work in question.

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …