Labor and Employment Law Commons^™

Torquemada And Unemployment Compensation Appeals, William W. Milligan

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Federal Law Requirements For The Unemployment Compensation System: Interpretation And Application, Gerard Hildebrand

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Abstract for a piece in the 1995 Unemployment Compensation: Continuity and Change symposium presented by the Advisory Council on Unemployment Compensation and the University of Michigan Journal of Law Reform.

Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie

Innis Christie Collection

Preliminary award concerning arbitrability. Preliminary objection upheld in part.

Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discrimi­nated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.

Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker

Michigan Law Review

This Note takes a different approach to interpreting section 2(3). Although this Note agrees that section 2(3) neither clearly includes nor clearly excludes trojan horse organizers, it also argues that the definition of employee under section 2(3) must be determined by looking to common law principles of agency. In other words, the question whether courts should defer to the Board's interpretation of section 2(3) does not turn on statutory ambiguity. Rather, courts have a continuing duty to ensure that the Board interprets employee consistently with common law agency principles. Nevertheless, the correct interpretation of employee under agency principles ultimately turns …

Teresa Harris V. Forklift Systems, Inc., 114 S. Ct. 367 (1993), Marianne Mariano

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Whistleblowers: Corporate Anarchists Or Heroes? Towards A Judicial Perspective, David Culp

Hofstra Labor & Employment Law Journal

No abstract provided.

Reports, Awards, And Opinions 1995-1, 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 Babyland Nursery, Incorporated, Boston Edison Company, and General Electric Company.

Reports, Awards, And Opinions 1995-2, Eric J. Schmertz

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

Documents include correspondence from and arbitration awards and decisions written by Eric J. Schmertz as arbitrator of labor disputes between workers and management of New York Bus Service and The Port Authority of New York and New Jersey, among others.

Crossing The Line: The Second, Sixth, Ninth, And Eleventh Circuits' Misapplication Of The Equal Pay Act's "Any Other Factor Other Than Sex" Defense, Jeffrey K. Brown

Hofstra Labor & Employment Law Journal

No abstract provided.

Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone

Michigan Journal of International Law

This article examines the challenge to domestic labor regulation posed by the increasingly international economic and legal order. Part I analyzes the several ways in which increased global economic integration creates problems for labor. These problems include a decline in union bargaining power, a race-to-the-bottom in labor standards, and a weakening of labor's role as political actor. Part II identifies four approaches, or models, for transnational labor regulation that have emerged in the Western world in the past twenty years. These are: (1) preemptive legislation; (2) harmonization; (3) cross-border monitoring; and (4) extraterritorial jurisdiction. Part III explores the differences between …

Is The Mental Health History Of An Applicant A Legitimate Concern Of State Professional Licensing Boards? The Americans With Disabilities Act Vs. State Professional Licensing Boards, John D. Mckenna

Hofstra Labor & Employment Law Journal

No abstract provided.

Whose Work Is It Anyway?: Revisiting Community For Creative Non-Violence V. Reid In Defining The Employer-Employee Relationship Under The "Work Made For Hire" Doctrine, Corey L. Wishner

Hofstra Labor & Employment Law Journal

No abstract provided.

The Americans With Disabilities Act: Does The Ada Protect A Person With The Chronic Fatigue Syndrome From Employment Discrimination?, Matthew I. Kozinets

Hofstra Labor & Employment Law Journal

No abstract provided.

Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader

UIC Law Review

No abstract provided.

The Application Of Rico To Labor-Management And Employment Disputes, Raymond P. Green

St. Thomas Law Review

In 1970, Congress passed the Racketeer Influenced Corrupt Organization Act (the Act or RICO). The stated purpose of the Act was to attack organized crime by providing both criminal and civil remedies in order to detach crime organizations, such as the Mafia, from various legitimate and illegitimate enterprises, such as labor unions. While RICO has been an effective weapon for the Justice Department in fighting organized crime, it has disrupted the labor-management relationship. While once disputes were resolved by a swift punch in the nose, the provisions mandating treble damages and attorney's fees now allow the parties to bring loaded …

Closer Look At Waters V. Churchill And United States V. National Treasury Employees Union: Constitutional Tensions Between The Government As Employer And The Citizen As Federal Employee, A A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Charles W. Hemingway

American University Law Review

No abstract provided.

The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith

Seattle University Law Review

In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …

School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland

UIC Law Review

No abstract provided.

The Meaning Of "Arising Out Of" Employment In Illinois Workers Compensation Law, 29 J. Marshall L. Rev. 153 (1995), John Dwight Ingram

UIC Law Review

No abstract provided.

The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller

UIC Law Review

No abstract provided.

Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall

Journal of Law and Health

This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.

Current Developments In Federal Employment Discrimination Law, 15 N. Ill. U. L. Rev. 307 (1995), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.

Fear Of Foreigners: Nativism And Workplace Language Restrictions, Mark Adams

Articles

No abstract provided.

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer

Articles

No abstract provided.

Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson

Seattle University Law Review

Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …

Labor Law - Post-Expiration Arbitrability Under Collective Bargaining Agreements In The Third Circuit, Ramona Mariani

Villanova Law Review (1956 - )

No abstract provided.

Bravo V. Dolsen Cos.: Shoring Up Employer Bargaining Power By Sandbagging Nonunion Workers, Peter B. Gonick

Washington Law Review

In Bravo v. Dolsen Cos., the Washington Court of Appeals held that the public policy provision of Washington's little Norris-LaGuardia Act applied only in cases involving union activity, thus depriving nonunion workers of protection from discharge for engaging in concerted activities. This Note argues that the court misconstrued both the public policy provision and Washington case law to reach a result contrary to sound labor policy and federal interpretations of a similar act. It suggests an alternative interpretation of the public policy provision that provides adequate protection for workers to engage in concerted activities.

Burdening The Plaintiff: Proving Employment Discrimination After Kastanis V. Educational Employees Credit Union, Andrea J. Menaker

Washington Law Review

In Kastanis v. Educational Employees Credit Union, the Washington Supreme Court held that a plaintiff who presents direct, undisputed evidence of discrimination bears the burden of persuading the jury that the employer's actions were not justified by business necessity. By substantially increasing the plaintiff's burden, this decision will make it more difficult for plaintiffs to successfully litigate employment discrimination claims in Washington State. Not only is the court's reasoning contrary to existing state and federal law, but there are also strong policy reasons arguing against the continued application of the court's rule.

Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose

Faculty Scholarship

This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …