Labor and Employment Law Commons^™

Exploring A Second Level Of Parity: Suggestions For Developing An Analytical Framework For Forum Selection In Employment Discrimination Litigation, Susan E. Powley

Vanderbilt Law Review

In April 1990 in Yellow Freight System, Inc. v. Donnelly, the United States Supreme Court resolved a split among the circuit courts and held that state and federal courts have concurrent jurisdiction over Title VII claims." This decision strengthens a presumption that state courts, as a whole, can be equal to their federal counterparts in adjudicating federal employment discrimination claims. It also further complicates the process of forum selection for employment discrimination litigants. Because plaintiffs now may present Title VII claims in state court, the doctrine of res judicata will bar any subsequent presentation of Title VII claims in federal …

Reversing The Presumption Of Employment At Will, Peter S. Partee

Vanderbilt Law Review

The doctrine of employment at will has been a fixture of American common law for approximately a century. In its pristine form, the doctrine is a rule of construction, establishing a rebuttable presumption that the terms of an employment agreement permit either the employer or the employee to terminate the relationship at any time and for any reason.' Unless the employee rebuts the at-will presumption by adducing evidence of an explicit agreement to the contrary, an employer may fire the employee for good cause, no cause, or bad cause without incurring any legal liability.' Experts have estimated that up to …

Dual Capacity Liability And Co-Employee Company Physicians: Undermining The Integrity Of The Workers' Compensation System, Kim R. Kleppel

Cardozo Law Review

No abstract provided.

The Course Of The Employment-At-Will Doctrine In Utah: Berube V. Fashion Centre, Ltd.—A Turning Of The Tide, Justin R. Olsen

Brigham Young University Journal of Public Law

No abstract provided.

Effects Of A Reemployment Bonus Under Differing Benefit Entitlements, Or, Why The Illinois Experiment Worked, Carl Davidson, Stephen A. Woodbury

Conference Papers

Fifty-eight percent of the workers enrolled in the Illinois Claimant Bonus experiment were eligible for 38 weeks of Unemployment Insurance (UI) benefits--26 weeks of state-regular benefits plus 12 weeks of Federal Supplemental Compensation (FSC). The other 42 percent were eligible for only 26 weeks of state-regular UI benefits. We find that the Claimant Bonus treatment--an offer of $500 in cash for rapid reemployment--reduced the duration of insured unemployment by about 1.8 weeks for workers who were eligible for 38 weeks of UI benefits, but by only about 0.75 week for the workers who were eligible for 26 weeks of UI. …

V. Labor Law

Washington and Lee Law Review

No abstract provided.

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.

Collective Bargaining In The Federal Public Sector: Disclosing Employee Names And Addresses Under Exemption 6 Of The Freedom Of Information Act, Trina Jones

Michigan Law Review

This Note examines the application of FOIA and the Privacy Act to union requests for employee names and addresses under the Fed. LM Statute. Part I briefly explores the importance of employee names and addresses to collective bargaining. This Part also examines the increasingly significant role of public sector unions due to the growth in federal public sector employment and the decline of private sector unionization. Part II analyzes the various circuit court decisions supporting disclosure in the federal public sector. Part III examines Reporters Committee and Department of the Treasury and discusses the potential policy implications resulting from the …

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

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties in respect of the Postal Operations Group (Non-supervisory): Internal Mail Processing and Complementary Postal Services, which expired July 31, 1989 and remains in force pursuant to the Canada Labour Code, and in particular of Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. The Union requests that the grievor be reinstated and reimbursed for any lost rights, benefits or earnings, and that all reports, letters and documents relating to this matter be removed from his personal file.

Review Of Primer On Workers' Compensation (2d Ed., Bna Books), W. J. Hankins

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

Review of: JEFFREY V. NACKLEY, PRIMER ON WORKERS' COMPENSATION. (2d ed. BNA Books 1989.) [187 pp.] Appendices, bibliography, index, table of cases. LC 89-31139; ISBN 0-87179-596-5.

Review Of John V. Schappi, Improving Job Attendance (Bna Books), W. J. Hankins

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

Review of JOHN V. SCHAPPI, IMPROVING JOB ATTENDANCE. (BNA Books 1988.) [187 pp.] Appendices, bibliography, index. LC 87-27638; ISBN 0-87179-535-3

Vol. 8, No. 1, J. Stuart Garbutt, Robert Perkovich

The Illinois Public Employee Relations Report

Contents:

Rutan v. Republican Party of Illinois: Does the Supreme Court's Decision Signal the Demise of Political Patronage?, by J. Stuart Garbutt

Unfair Labor Practice Complaints Under the IELRA, Robert Perkovich

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

A Comprehensive Review Of Private Sector Drug Testing Law, Jeffrey J. Olsen

Hofstra Labor & Employment Law Journal

No abstract provided.

Union Access To Private Property: A Critical Assessment Of Lechmere, Inc. V. Nlrb, Robert A. Gorman

Hofstra Labor & Employment Law Journal

No abstract provided.

Shareholders' Liability And Workers' Rights: Piercing The Corporate Veil Under Federal Laborlaw, Wilson Mcleod

Hofstra Labor & Employment Law Journal

No abstract provided.

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

UIC Law Review

No abstract provided.

Perspectives On Privatization And Plant-Level Industrial Relations: Great Britain In The 1980s, Germany In The 1990s, Andrew J. Ritten

Northwestern Journal of International Law & Business

This Comment will analyze the changing situation in Germany and offer analogies based on a historical precedent. Though the degree of change was much less revolutionary, Great Britain in the 1980s experienced a period of industrial privatization similar to that which is presently occurring in Germany. The purpose of this Comment is to examine the effects of British privatization on plant-level labor representation and industrial relations and to show how this experience may provide insight into what is likely to happen in Germany during its period of privatization.

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.

Will The Public Policy Exception To The Employment-At-Will Doctrine Ever Be Clear? - Amos V. Oakdale Knitting Co., Victoria W. Shelton

Campbell Law Review

This Note will trace the cases following Coman v. Thomas Manufacturing Co. and the confusion among the North Carolina courts in determining an employer's liability for discharging an at-will employee. Next, this Note will explain the rationale behind those decisions and how the court of appeals arrived at its holding in Amos. This Note will also show how the Amos decision can be reconciled with other case law in North Carolina. Finally, this Note will conclude with issues for attorneys to consider before pursuing a wrongful discharge claim based on the public policy exception.

National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley

Scholarly Articles

This article explains how the NLRB, contrary to its protestations of noninterference with internal union affairs, has perfected its grip on union self-governance through control of the union disciplinary processes. The disparity between the Board's policies and its actions discredits the Board's proclaimed abstention.

Second, this article examines whether the NLRB overreaches its regulatory authority through its intervention in the officer selection and discipline processes. NLRB regulation of union discipline rests primarily on section 8(b)(1)(A) of the Labor Management Relations (Taft-Hartley) Act.8 The Board's early decisions under this section, as well as judicial precedent, defined a narrower role for NLRB …

Causation In Employment Discrimination Analysis: A Proposed Marriage Of The Croson And Wards Cove Rationales, Michael L. Marshall

University of Baltimore Law Review

No abstract provided.

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt

Seattle University Law Review

This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.

Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic

Seattle University Law Review

This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …

Denial Of Benefit Claims Under Erisa: The Rise And Fall Of De Novo Review, W. Douglas Holdren

Villanova Law Review (1956 - )

No abstract provided.

Drafting The Dispute Resolution Clause, Whitmore Gray

Book Chapters

Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …

Misconduct In Washington Unemployment Compensation Law—Henson V. Employment Security Department, 113 Wash. 2d 374, 779 P.2d 715 (1989), Karen L. Forner

Washington Law Review

Unemployment compensation may be denied to employees dismissed for misconduct. In Henson v. Employment Security Department, the Washington Supreme Court misapplied the misconduct doctrine by blurring the distinction between on-duty and off-duty misconduct. This Note compares past Washington misconduct doctrine with its application in Henson and discusses the potential equal protection implications of this decision. The author concludes that Henson adversely affects employees and confuses the misconduct doctrine in Washington. Further, while there was no equal protection violation in Henson, the court's result opens the door to future equal protection challenges and violations.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek

Michigan Journal of International Law

This essay addresses three issues. The author first describes the major features of the previous Polish industrial relations system which caused it to be undemocratic. He then presents arguments justifying the need for a democracy in industrial relations in Poland. Second, the indispensable premises and elements of three basic democratic institutions of industrial relations are identified: trade union freedom, collective bargaining and the right to strike. These elements were selected for analysis on the basis of international legal instruments, in particular, conventions of the International Labor Organization ("ILO"), as well as U.S. and West European labor legislation. The author then …

Employer's Guide To The Americans With Disabilities Act: From Job Qualifications To Reasonable Accommodations, 24 J. Marshall L. Rev. 693 (1991), Lawrence Postol, David Kadue

UIC Law Review

No abstract provided.