Labor and Employment Law Commons^™

Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey

BYU Law Review

No abstract provided.

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

Innis Christie Collection

The grievances which are the subject of this arbitration were filed under the Postal Services Continuation Act, 1991, S.C. 1991, c. 35, which was passed to bring an end to the postal strike of August and September, 1991. The Act directed the employer to continue or resume postal operations, required every employee to continue or resume the duties of his or her employment, extended the relevant collective agreements to July 31, 1993, and provided for the amendment and revision of the collective agreements by compulsory arbitration. Excepted from period of statutory exten­sion of the collective agreements was the period …

Injunctive Relief For Constitutional Violations: Does The Civil Service Reform Act Preclude Equitable Remedies?, Elizabeth A. Wells

Michigan Law Review

This Note argues that the federal courts retain power to furnish equitable relief for constitutional violations to ensure adequate protection of federal employees' rights. Statutory procedures and remedies available under the Civil Service Reform Act of 1978 (CSRA) and related legislation should preempt judicially created equitable relief only where the government or federal agency affirmatively demonstrates that these procedures are constitutionally sufficient. Part I canvasses the current lower court response to the question of preclusion and notes the various routes taken by the courts in inferring congressional intent to preempt. This Part discusses varying interpretations of the Civil Service Reform …

Memorial University Of Newfoundland Faculty Association V Memorial University Of Newfoundland, Innis Christie, Rick Mcgaw, Gerard Mcdonald

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer is in violation of Article 16 and other relevant articles in not paying Academic Staff Members at their Y-value (salary scale placement) as revised by the Salary Parity Committee. The Union requests compensation for all members who have not been paid in accordance with the Collective Agreement.

At the outset of the hearings prior to the preliminary award in this matter counsel for the parties agree that this arbitration board is properly constituted and properly …

Vol. 9, No. 3, Michael Newman

The Illinois Public Employee Relations Report

Contents:

The Inadequacy of Remedies Under Illinois Public Sector Labor Relations Law, by Michael Newman

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.

Labor Law, David P. Phippen, Regine N. Zuber

Mercer Law Review

This Article examines significant decisions issued during 1991 by the United States Court of Appeals for the Eleventh Circuit in the areas of traditional labor law and employee benefits. More specifically, the cases addressed include noteworthy decisions under the National Labor Relations Act ("NLRA"), the Labor-Management Relations Act ("LMRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA").

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges

Law Faculty Publications

This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …

Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown

Osgoode Hall Law Journal

The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …

Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan

Osgoode Hall Law Journal

The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.

State Taxation Of Nonresidents' Pension Income, Walter Hellerstein

Scholarly Works

This article examines the issues raised by the efforts of some states to tax the pension income of their former residents and of the proposed congressional legislation to forbid such taxation. While there may be sound policy reasons for forbidding state taxation of nonresident pension income, they have yet to emerge clearly from the rhetoric that has thus far dominated the debate over the pension tax issue. The goal of the article is to examine the questions raised by the controversy over state taxation of nonresident pensions in the hope that dispassionate analysis of the problem may contribute to a …

Testimony Of J. Clay Smith, Jr., In Support Of The Nomination Of Professor Madeijyn C. Squire For Reappointment As A Public Member Of' The Public Employee Relations Board, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.

Hospital Liability Related To Understaffing Of Nursing Services: Walking The Fine Line Between Respondeat Superior And Corporate Negligence, Carmen D. Rasmussen

West Virginia Law Review

No abstract provided.

Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick

University of Michigan Journal of Law Reform

We would first like to respond to one aspect of Levy's Article before discussing our proposal. Levy seems to argue as a general matter that "joint committee" determinations should not receive the same deference as arbitral resolutions. After establishing some of the basic analytic parameters in Part I of this Response, we argue in Part II that Levy's distinction between joint committees and arbitral resolutions has no relevance to disputes concerning contractual rights, and is useful only in the context of disputes concerning statutory rights. In Part III, we outline a framework for analyzing internal union review procedures that will …

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.

Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy

University of Michigan Journal of Law Reform

In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …

Book Review, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Review of the following: ELAINE DRAPER, Risky BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …

Reflections On Labor Law Scholarship And Its Discontents: The Reveries Of Monsieur Verog, Matthew W. Finkin

University of Miami Law Review

No abstract provided.

A Matter Of Trust: Institutional Employer Liability For Acts Of Child Abuse By Employees, Jessica Lynch

William & Mary Law Review

No abstract provided.

Which Side Are You On?: Trying To Be For Labor When It's Flat On Its Back, John Edward Connelly

Michigan Law Review

A Review of Which Side Are You On?: Trying to Be for Labor When It's Flat on Its Back by Thomas Geoghegan

Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler

Michigan Law Review

A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky

Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross

Michigan Law Review

A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor

Vol. 9, No. 2, Peter Feuille

The Illinois Public Employee Relations Report

Contents:

Reconciling Interest in Interest Arbitration: Facilitation and Adjudication, by Peter Feuille

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii

Florida State University Law Review

No abstract provided.

West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley

West Virginia Law Review

No abstract provided.

Mayles V. Shoney's, Inc.: Comment On Recent Developments In Mandolidis Actions, David O. Schles

West Virginia Law Review

No abstract provided.

Legal Issues Surrounding Preemployment Physical Examinations In The Coal Industry, Daniel L. Stickler, Albert F. Sebok

West Virginia Law Review

No abstract provided.