Labor and Employment Law Commons^™

Reports, Awards, And Opinions 1996-1997-2, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Sea Crest Health Care Center, Sperry Association Federal Credit Union, and White Plains Bus Company, among others.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Reports, Awards, And Opinions 1996-1997-1, Eric J. Schmertz

Eric J. Schmertz Selected Reports, Awards and Opinions, 1967-2006 Special Collection

Documents include arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of Boston Gas Company, General Electric Company, and New York Bus Service, among others.

Vol. 13, No. 1, James C. Franczek Jr., Patricia M. Trainor

The Illinois Public Employee Relations Report

Contents:

School Reform and Labor Relations: Can Both Go Forward In Chicago?, by James C. Franczek, Patricia M. Trainor

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Dorothy Day's Lessons For The Transformation Of Work, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …

Public Employee Speech And Public Concern: A Critique Of The U.S. Supreme Court's Threshold Approach To Public Employee Speech Cases, 30 J. Marshall L. Rev. 121 (1996), Pengtian Ma

UIC Law Review

No abstract provided.

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech

UIC Law Review

No abstract provided.

The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

West Virginia University V. Decker: The Future Of Age Discrimination In West Virginia, Sophie E. Zdatny

West Virginia Law Review

No abstract provided.

Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet

Michigan Journal of Gender & Law

This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …

No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.

Villanova Law Review (1956 - )

No abstract provided.

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn

Kentucky Law Journal

No abstract provided.

Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann

Faculty Scholarship

The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …

Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …

Downsizing The Age Discrimination In Employment Act: The Availability Of Disparate Impact Liability, Brendan Sweeney

Villanova Law Review (1956 - )

No abstract provided.

Introduction: Unemployment Compensation Eligibility, Cheryl A. Leanza

University of Michigan Journal of Law Reform

This Introduction will review the Symposium sessions which dealt with eligibility issues. Many of the statements made by the panel participants and audience members highlighted the contemporary problems of a system established over sixty years ago. Thus, this Introduction seeks to record the main points made during these sessions in an effort to contribute to the debate regarding reform of the unemployment compensation system.

A Case For Pregnancy-Based Unemployment Insurance, Mark R. Brown

University of Michigan Journal of Law Reform

Professor Brown argues that unemployment insurance laws should be amended to provide coverage to otherwise eligible, pregnant claimants. Under current law, women who quit because of pregnancy are either disqualified from receiving unemployment benefits altogether or qualify only after childbirth. Those who are fired, meanwhile, often either cannot prove the motivation for their discharge or discover that they are disqualified because of their unavailability for work. Professor Brown uses a case study to illustrate the problems posed by pregnancy and unemployment insurance. He proposes model legislation that extends coverage to all pregnant claimants who temporarily separate from their employment.

Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov

University of Michigan Journal of Law Reform

This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …

Timeliness In The Unemployment Compensation Appeals Process: The Need For Increased Federal Oversight, Sharon M. Dietrich, Cynthia L. Rice

University of Michigan Journal of Law Reform

Anecdotal evidence suggests that during the recession of 1989-1992, unemployment insurance claimants suffered unprecedented delays in the receipt of their benefits. Advocates reported that claimants who were initially denied benefits suffered delays of months, and even years, before the state administrative appeals process resolved their claims. Although federal law establishes timeliness standards for processing appeals, many states did not meet those standards. In this Article, the Authors discuss and analyze the results of a nationwide review of state compliance with federal timeliness standards. They then assess the state and federal responses to the increased number of unemployment insurance claims and …

Essay: Torquemada And Unemployment Compensation Appeals, William W. Milligan

University of Michigan Journal of Law Reform

The premise of this Essay is that unemployment compensation appeals hearings take the form of inquests rather than follow the traditional adversarial model. Given this, the hearing officer carries a special burden of ensuring that due process is afforded. State review systems should structure the process so that the difference, along with the unique burden, is made explicit.

Due Process Implications Of Telephone Hearings: The Case For An Individualized Approach To Scheduling Telephone Hearings, Allan A. Toubman, Tim Mcardle, Linda Rogers-Tomer

University of Michigan Journal of Law Reform

As the executive branch shrinks and reduces expenditures, its adjudicative functions adjust to the new fiscal reality. Telephone hearings are, therefore, increasingly being used in order to control costs. This Article examines the impact of telephone hearings on the due process elements of unemployment compensation 'fair" hearings. The Authors review the applicable federal and state law and find that there is no absolute bar to using the telephone to conduct administrative hearings. They test the empirical effect of the telephone on hearings in California and Maine. Their analysis of hundreds of hearings indicates that parties to telephone hearings are less …

Introduction: The Federal-State Partnership Of Unemployment Compensation, Richard W. Fanning Jr.

University of Michigan Journal of Law Reform

Federal and state governments jointly administer the unemployment compensation system. Many participants at the Symposium addressed this aspect of unemployment compensation, and it is the topic of the four Articles that follow. This Introduction discusses three broad areas in order to provide a framework for issues concerning federal-state relations in unemployment compensation. This Introduction also will highlight some of the points made by Symposium participants in response to the ideas expressed in the following Articles. Part I addresses how the federal-state partnership operates and defines areas of responsibility for both the states and the federal government. Part I also discusses …

Anti-Preference In Employment Law: A Preliminary Analysis, 18 Chicano-Latino L. Rev. 59 (1996), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Guilty Knowledge, Daniel S. Kleinberger

Faculty Scholarship

Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …

Lifting The Ban On Women's Night Work In Europe-A Straight Road To Equality In Employment?, Dagmar Schiek

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and legal implications of the ban on women's night work in Europe, arguing that its removal does not inherently lead to employment equality. It emphasizes that without comprehensive, gender-neutral protective legislation, lifting the ban may exacerbate inequalities and worsen working conditions for women.