Labor and Employment Law Commons^™

State-By-State Drug & Alcohol Testing Survey, Morgan, Lewis, & Bockius

William & Mary Law Review

No abstract provided.

Labouring Outside The Charter, David M. Beatty

Osgoode Hall Law Journal

In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions …

Notes: Termination Of Employment Contracts And Taking Advantage Of One's Wrong, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent decision by Mr John Mowbray QC in Micklefield v SAC Technology Ltd brings into focus the thorny problems inherent within, first, the continuing uncertainty surrounding termination of employment contracts and, secondly, the much more general issue as to the status as well as application of the proposition that a contracting party ought not to be allowed to take advantage of his own wrong. There was a third issue taken in the case with regard to the applicability of the Unfair Contract Terms Act 1977 which will be briefly commented upon.

Employers' Views On The Value Of Older Workers : Final Report, Edmund S. Muskie Institute Of Public Affairs

Maine Collection

Employers' Views on the Value of Older Workers : Final Report

Submitted to: The AARP Andrus Foundation

Prepared by: Human Services Development Institute, Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, 96 Falmouth St., Portland, Maine 04103 (August 1991).

Contents: Acknowledgements / Executive Summary / Abstract / I. Introduction and Background / II. Project Methodology / III. Findings / IV. Conclusions and Recommendations / References

Vol. 8, No. 3, Helen Elkiss, Joseph P. Yaney

The Illinois Public Employee Relations Report

Contents:

Public Sector Arbitration Decisions Related to Substance Abuse Discharge, by Helen Elkiss, Joseph P. Yaney

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark

Articles and Writings

No abstract provided.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

In what no doubt will prove to be the calm before the storm, the number of cases decided in the area of employment discrimination during the 1990 survey period decreased significantly, both in the United States Supreme Court and in the United States Court of Appeals for the Eleventh Circuit. The decline in the number of Supreme Court pronouncements is not surprising, since the succession of landmark cases decided in the previous two years was truly remarkable, and such a pace realistically could not have continued. It also appears as if the Eleventh Circuit held back, waiting to see whether …

Pregnancy And Parental Care Policies In The United States And The European Community: What Do They Tell Us About Underlying Societal Values, Anne M. Lofaso

Law Faculty Scholarship

Reaction to Felice Schwartz article, "Management Women and the New Facts of Life,"1 has added a new question to the already heated debate surrounding issues of gender discrimination: to what extent are

current pregnancy and parental care policies instruments of discrimination? This paper will explore this question by focusing on the extent to which pregnancy and parental care laws and policies in the United States and the European Community help to subordinate those women who take advantage of maternity "benefits" as well as the class of women in general.

An examination of pregnancy and parental care leave is a legitimate …

Free Exercise: A "Hollow Promise" For The Native American In Employment Division, Department Of Human Resources Of Oregon V. Smith, Debra Ann Mermann

Mercer Law Review

In Employment Division, Department of Human Resources of Oregon v. Smith, the United States Supreme Court held that a state criminal prohibition of the use of peyote by bona fide members of the Native American Church and a subsequent denial of unemployment benefits upon their discharge for such use does not violate the free exercise clause of the first amendment of the United States Constitution. The Court determined that Oregon's prohibition of the sacramental use of peyote was a "generally applicable criminal law" and ruled that the "compelling interest" test which ordinarily applies when a state imposes a substantial …

Labor Law, Diane L. Prucino, Glen P. Brock

Mercer Law Review

This Article examines certain noteworthy decisions issued by the United States Court of Appeals for the Eleventh Circuit during 1990 in the areas of traditional labor law and employee benefits. More specifically, the decisions addressed constitute the Eleventh Circuit's most recent interpretations of the National Labor Relations Act ("NLRA"), the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), the Railway Labor Act ("RLA"), the Fair Labor Standards Act of 1938 ("FLSA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Occupational Safety and Health Act of 1970 ("OSHA"). Certain other labor-related cases are also discussed.

Penetrating Doctrinal Camouflage: Understanding The Development Of The Law Of Wrongful Discharge, Cornelius J. Peck

Washington Law Review

American courts developed the employment-at-will doctrine during the post-Civil War period of industrial and commercial expansion. Under that doctrine, either an employer or an employee could terminate an employment contract for any reason, good or bad. In the early 1980s, state supreme courts increasingly recognized exceptions to the employment-at-will doctrine to provide greater job protection for employees. In creating those exceptions, state courts have manipulated and stretched traditional legal doctrine to camouflage their reformist program. But that camouflage which facilitated changes in the law now often obscures the original reason for departing from the employment-at-will doctrine. Some state courts, including …

Determining Just Cause: An Equitable Solution For The Workplace, Wendi J. Delmendo

Washington Law Review

A majority of courts now recognize that an employer's implied promise to discharge an employee only for just cause is an exception to the at-will employment doctrine. These courts, however, have not articulated a clear definition ofjust cause nor have they established a consistent standard for a jury's review of employer discharge decisions. This Comment suggests that courts develop strict guidelines for determining if an employee's conduct is just cause for discharge. Further, this Comment proposes that courts adopt a standard of review that requires the jury to balance employer and employee interests.

Male-Female Differences In Hourly Wages: The Role Of Human Capital, Working Conditions, And Housework, Joni Hersch

Vanderbilt Law School Faculty Publications

This study uses a new data set from a 1986 survey of workers to examine simultaneously the wage effects of human capital, household responsibilities, working conditions, and on-the-job training. The analysis suggests that household responsibilities had a negative effect on women's earnings, but the unexplained difference between the earnings of men and women is not greatly reduced by inclusion in the explanatory model of information on either housework or working conditions. The presence of children appears to have had a positive effect on the wages of both men and women.

Fertile Women May Now Apply: Fetal Protection Policies After Johnson Controls, Barbara Ruhe Grumet

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

In its recent interpretation of Title VII of the Civil Rights Act, the U.S. Supreme Court leaves little room for permissible occupational sex discrimination. However, its decision has wider implications. Here, Professor Grumet takes a look at some of them from both a legal and a social perspective, including matters such as employees' reproductive freedom and employers' potential liability for a variety of possible injuries to employees' offspring.

Labor In The Era Of Multinationalism: The Crisis In Bargained-For Fringe Benefits, Staughton Lynd, Alice Lynd

West Virginia Law Review

No abstract provided.

A Contrasting View Of The Effect Of Foreign Competition On Labor Unionism In The United States, Charles R. Greer, Robert T. Rhodes

West Virginia Law Review

No abstract provided.

Constructive Discharge: A Suggested Standard For West Virginia And Other Jurisdictions, Mark W. Kelley

West Virginia Law Review

No abstract provided.

The Nlrb's Deferral Policy And Union Reform: A Union Perspective, Leonard Page, Daniel W. Sherrick

University of Michigan Journal of Law Reform

Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …

Union Trusteeships And Union Democracy, Clyde W. Summers

University of Michigan Journal of Law Reform

I start from the fundamental premise that unions should be democratic. They must be democratic if they are to serve the union movement's own mission and if they are to serve our society's democratic values.

Introduction, Theodore J. St. Antoine

University of Michigan Journal of Law Reform

An introduction to a 1991 Symposium covering the topic of union democracy.

Deferral And The Dissident, Paul Alan Levy

University of Michigan Journal of Law Reform

I discuss two examples involving a dissident group, Teamsters for a Democratic Union (TDU), that vividly illustrate the problems with NLRB deferral. I then examine the development and evolution of the NLRB's policies concerning deferral to arbitration. Next, I review the statutory- and policy-based arguments advanced for and against deferral. I attempt to assess the best reasons given for the deferral doctrine, while showing why, at least in its current incarnation, NLRB deferral doctrine is contrary to the requirements of the NLRA. More specifically, I show that, to the extent that deferral has some legitimate basis, it is founded on …

Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy

University of Michigan Journal of Law Reform

Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information that may …

The Impact Of Nonmarket Work On Market Wages, Joni Hersch

Vanderbilt Law School Faculty Publications

The purpose of this paper is to examine the direct effect on market productivity of the dual responsibilities of market and nonmarket work.

Re Memorial University Of Newfoundland And Memorial University Of Newfoundland Faculty Assn, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties 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 of the Union who have not been paid in accordance with the Collective Agreement. At the outset of the hearings in this matter counsel for the parties agreed that this arbitration board is properly constituted and properly seized of this matter, and should remain seized after the issue of …

Vol. 8, No. 2, Jacalyn J. Zimmerman, Stanley Eisenstein

The Illinois Public Employee Relations Report

Contents:

Subcontracting of Governmental Services--Conflicting Jurisdictional Approaches to Regulation of Collective Bargaining, by Jacalyn J. Zimmerman

Overview of Fair Labor Standards Act As it Applies to Public Employment, Stanley Eisenstein

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

A Study Of Coal Arbitration Under The National Bituminous Coal Wage Agreement Between 1975- And 1990, Calvin William Sharpe

West Virginia Law Review

No abstract provided.

Proposals For Funding United Mine Workers Of America Retiree Health Benefits: The Constitutional Dimensions, John R. Woodrum, Larry P. Rothman

West Virginia Law Review

No abstract provided.

Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice

Faculty Articles

This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.

Union-Community Relations In Buffalo: A Preliminary Assessment, Lawrence G. Flood

Buffalo Law Review

No abstract provided.

Back To The Future Of Labor Law, Matthew W. Finkin

William & Mary Law Review

No abstract provided.