Labor and Employment Law Commons^™

Re Canada Post Corp And Cupw (Hamlyn), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties bearing the expiry date 31-07-89 but kept in force by legislation, and in particular of Article 20, in that the Grievor was improperly denied sick leave. The Union requested the improperly denied sick leave be reinstated.

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

All Faculty Scholarship

No abstract provided.

The Charge-Filing Requirement Of The Age Discrimination In Employment Act: Accrual And Equitable Modification, Jim Beall

Michigan Law Review

This Note argues that ADEA causes of action should accrue when the plaintiff discovers, or reasonably should have discovered, that she has been injured by an adverse employment action such as discharge, demotion, denial of a position or promotion, or receipt of pay lower than employees doing the same job. Courts should equitably modify the filing period for the time in which the plaintiff reasonably failed to file a charge even though she already knew of the adverse employment action. Such a situation arises largely in two contexts: (1) when an employer engages in active misconduct that keeps the plaintiff …

Re Tcc Bottling Ltd And Retail, Wholesale & Department Store Union, Local 1065, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the collective agreement between the parties dated March 26, 1992, which counsel agreed was to govern this matter, and in particular of arts. 8 and 21 in that, for non-disciplinary reasons, the employer wrongly refused to allow the grievor to return to work after absence due to illness. The grievance requests "full redress".

Vol. 10, No. 1, James C. Franczek Jr., Sandra J. Holman

The Illinois Public Employee Relations Report

Contents:

The Road to Central City and Beyond—A Management Perspective, by James C. Franczek, Jr.

Implications of the Illinois Supreme Court Decision in Central City—A Union Perspective, Sandra J. Holman

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

The Impact Of The European Community On Labor Law: Some American Comparisons, Marley S. Weiss

Faculty Scholarship

No abstract provided.

Reports, Awards, And Opinions 1993-1994-1, 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 Beth David Cemetery, Du Art Film Laboratories, Incorporated. and General Electric Company, among others.

Reports, Awards, And Opinions 1993-1994-2, 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 the Panama Canal Commission and Parochial Bus Systems, Inc., New York Bus Tours and Affiliated Companies, among others.

The Cost Of Retaining Vs. The Cost Of Retraining: An Analysis Of The Family And Medical Leave Act, Elissa Hope Gainsburg

Hofstra Labor & Employment Law Journal

No abstract provided.

For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Ii. Arbitration, Labor Relations And Employment Discrimination, Mark H. Grunewald

Scholarly Articles

Review of Fourth Circuit Opinions in Civil Cases.

Mediation: A Systemic Alternative To Litigation For Resolution Of Church Employment Disputes, J. Michael Fitzgerald, Lynne M.L. Fitzgerald

St. Thomas Law Review

The Catholic Church is a multi-layered system composed of people, as well as entities (e.g., corporations, partnerships, etc.), many of which have been created in an American civil law model. They include, but are not limited to: local parish churches, schools, newspapers, radio and television stations, hospitals, nursing homes, cemeteries, hospices and credit unions. By necessity they employ people to carry out their functions. Disputes can and do arise between these employers and their employees. It has been proposed that methods which are compatible with the conciliatory ways of the Church can be implemented in resolving such disputes. Specifically, this …

National And International Sources Of Women's Right To Equal Employment Opportunities: Equality In Law Versus Equality In Fact, Jill Andrews

Northwestern Journal of International Law & Business

Women's right to equal employment opportunity has been recognized virtually worldwide. In fact, one-third of the total world labor force consists of women.' As the higher echelons in employment are reached, however, the number of positions occupied by women tapers off dramatically.2 Thus, while the right to equal employment opportunity is acknowledged, enforcement remains a formidable challenge. Although facially similar laws prohibiting discrimination in the recruitment, promotion and working conditions of women have been enacted by United Nations member countries, the United States, the European Community and Japan, the difference between equality in law and equality in fact lies with …

Filling An Enforcement Void: Using Testers To Uncover And Remedy Discrimination In Hiring For Lower-Skilled, Entry-Level Jobs, Michael J. Yelnosky

University of Michigan Journal of Law Reform

Part I of this Article concludes that the current enforcement scheme under Title VII has resulted in underenforcement of the Act in the context of hiring for lower-skilled, entry-level jobs and that testers should be used to fill that enforcement void. Part II agrees with the EEOC's conclusion that testers have standing to sue under Title VII.

Parts III and IV assert that the EEOC cannot rely on private testers to fill the enforcement void. First, under current doctrine, prevailing testers can obtain only "de minimis" or "technical" relief from an offending employer and therefore cannot recover attorneys' fees. Moreover, …

Structures Of Subordination: Women Of Color At The Intersection Of Title Vii And The Nlra. Not!, Elizabeth M. Iglesias

Articles

No abstract provided.

Expanding The Public Policy Exception To The Employment-At-Will Doctrine: Borse V. Piece Goods Shop, Inc., David G. Gibson

Villanova Law Review (1956 - )

No abstract provided.

Public Employees' Right To Strike: Law And Experience, Martin H. Malin

University of Michigan Journal of Law Reform

This Article analyzes the law of and experience with the statutory right to strike in the public sector. Part I examines the policy debate over whether public employees should have a right to strike and concludes that reliance on the right to strike is superior to other forms of collective-bargaining dispute resolution in the public sector. The remainder of the Article focuses in detail on the experiences in Illinois and Ohio since those states legalized public employee strikes. The analysis is supplemented with an examination of the experiences with legalized strikes in Oregon and Pennsylvania. Part II compares and contrasts …

Good Cause And Just Expectations: Academic Tenure In Oklahoma's Public Colleges And Universities, Harry F. Tepker

Faculty Articles

No abstract provided.

Rethinking The Managerial-Professional Exemption Of The Fair Labor Standards Act, Peter D. Dechiara

American University Law Review

No abstract provided.

Sexual Harassment, Wrongful Discharge, And Employer Liability: The Employer's Dilemma, Sarah Needleman Kline

American University Law Review

No abstract provided.

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

UF Law Faculty Publications

In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.

Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever

Cleveland State Law Review

There is little direct evidence about the nature and extent of hiring discrimination in the United States. There is no empirical evidence that discrimination has been eliminated; and even across the political spectrum there is recognition that the problem still persists. As many more claims pertaining to promotions and terminations are filed, there is a misperception that these reflect a more serious problem than that of hiring discrimination. Victims of hiring discrimination are less likely to know that they have been discriminated against, and to have access to information needed to prove it. Thus, as discrimination at the hiring stage …

Can You Have Your Cake And Eat It Too? Ratification Of Releases Of Adea Claims, Lisa M. Imbrogno

Fordham Urban Law Journal

Troubled economic conditions exacerbate acts of employment discrimination. It is a common concern that employers will replace their older, more expensive workers with younger employees who will work at lower salaries. The Age Discrimination in Employment Act ("ADEA") was enacted by Congress to combat age discrimination against workers forty years of age and over. This Note focuses on one issue that has arisen out of the ADEA -- employers' use of waivers through which employees agree to release employers from any age discrimination claims in exchange for additional severance pay and benefits. Specifically, this Note analyzes whether an employee who …

Injured Workers, Workers' Compensation, And Work: New Perspectives On The Workers' Compensation Debate In West Virginia, Emily A. Spieler

West Virginia Law Review

No abstract provided.

Economic Restructuring And Emerging Patterns Of Industrial Relations, Stephen R. Sleigh Editor

Upjohn Press

This book's essays analyze innovative responses by unions, corporations and governments to job loss caused by economic restructuring, drawing on examples from Western Europe and the U.S.

Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

On Property And Constitutionalism, Cass R. Sunstein

Cardozo Law Review

No abstract provided.

The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine

Articles

The Model Employment Termination Act(META), which the Uniform Law Commissioners have recommended for adoption by all state legislatures, could provide the most significant legal change of this quarter century in the American workplace. In addition, if the annual case load of grievance arbitrations in this country now stands at somewhere around 65,000, the Act holds the potential for at least quadrupling that figure. Our colleague Jack Stieber has calculated that there are 60 million U.S. employees who are not protected by union contracts or civil service laws, and are thus subject to the employment-at-will doctrine. They can be fired for …

The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover

Kentucky Law Journal

No abstract provided.