Labor and Employment Law Commons^™

Federal Labor Law Preemption Of State Anti-Takeover Law: A Case Of First Impression—Air Line Pilots Association, International V. Ual Corp., 874 F.2d 439 (7th Cir. 1989), Patrick M. Madden

Washington Law Review

Federal labor laws generally preempt state laws that conflict with or frustrate the federal labor scheme. In Air Line Pilots Association, International v. UAL Corp., the Seventh Circuit held that federal law did not preempt an anti-takeover statute that invalidated anti-takeover provisions in a collective bargaining agreement. This Note analyzes the court's holding and suggests that the court misapplied judicial precedent. Because state anti-takeover laws as applied to labor agreements conflict with and frustrate the federal labor scheme, this Note concludes that these state laws should be preempted.

A Theory Of Labor Legislation, Alan Hyde

Buffalo Law Review

No abstract provided.

Post-Erisa Interpretation Of Pre-Erisa Pension Plans: Dissention Among The Circuits, Bradley H. Layne

West Virginia Law Review

No abstract provided.

A Physician's Respondeat Superior Liability For The Negligent Acts Of Other Medical Professionals—When The Captain Goes Down Without The Ship, Lynn D. Lisk

University of Arkansas at Little Rock Law Review

No abstract provided.

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Vanderbilt Law Review

RICO is nearing its twentieth birthday,' but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …

Employment Leave: Foundation For Family Policy, Mary Jane Gibson

New England Journal of Public Policy

Women and men in the workforce face difficult dilemmas during family crises. Can one be a responsible family member and a responsible employee when an elderly parent is ill, a spouse is disabled, a baby is born or adopted, a child is sick? Employment leave with insurance for wage replacement is a cornerstone of family policy proposed in a workable format in H. 2191 now before the Massachusetts legislature. It can be a model for other states and, someday, the nation.

Re Canada Post Corp And Canadian Union Of Postal Workers (Mcsweeney), Innis Christie

Innis Christie Collection

Union grievance alleging breach of the collective agreement between the employer and the Letter Carriers Union of Canada bearing the expiry date July 31, 1989, in that the employer terminated the grievor contrary to para. 6 of app. "K" without just cause. The union requests that the grievor be returned to the eligibility list for term employees with the right to exercise his seniority in accordance with app. "K".

Implied Covenant: Anachronism Or Augur, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

V. Labor & Employment

Washington and Lee Law Review

No abstract provided.

Re Canada Post Corp And Cupw (N008800005), Innis Christie

Innis Christie Collection

National Union Grievance alleging violation of Article 14.12 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, bearing the expiration date, July 31, 1989, in that the Employer has not "minimized" evening and night work and has not studied the organization of its operations to review evening and night work, taking into account service levels, costs and other relevant factors. The Union requested a declaration that there had been a breach of Article 14.12, an order that the Employer move as much as work as possible from the evening …

Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey

Cardozo Law Review

No abstract provided.

Education Match And Job Match, Joni Hersch

Vanderbilt Law School Faculty Publications

Using a new data set, this paper gives evidence in support of the intuitive notion that overqualified workers are less satisfied with their jobs and are more likely to quit. However, training time is inversely related to overqualification, which suggests why such seeming mismatches occur and may in fact be optimal.

Vocational Rehabilitation Benefits Under Indiana's Workers' Compensation Law, Ruth C. Vance

Law Faculty Publications

No abstract provided.

Reports, Awards, And Opinions 1990-1991-2, 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 New York Bus Service, The Port Authority of New York & New Jersey, and Stella D'Oro Biscuit Company, Incorporated, among others.

Volume Iii 1990-1995, Eric J. Schmertz, Poletti, Freidin,, Prashker & Gartner

Volume III 1985-1995

No abstract provided.

Governmental Drug Testing: Critique And Analysis Of Fourth Amendment Jurisprudence, Phoebe Weaver Williams

Hofstra Labor & Employment Law Journal

No abstract provided.

Reports, Awards, And Opinions 1990-1991-1, 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 American Airlines, The Boston Globe Newspaper Company, and Consolidated Edison Company, among others.

Vol. 7, No. 1, Jeanne M. Vonhof, Lamont Stallworth

The Illinois Public Employee Relations Report

Contents:

Substantive Arbitrability under the IELRA: The Role of Arbitrators, the Courts and the Board, by Jeanne M. Vonhof and Lamont Stallworth

Recent Developments, by the Student Editorial Board

Further References, compiled by Margaret A. Chaplan

Wards Cove Packing Co. V. Atonio: The Supreme Court's Disparate Treatment Of The Disparate Impact Doctrine, Niall A. Paul

Hofstra Labor & Employment Law Journal

No abstract provided.

At-Will Employment: Going, Going, Cheryl S. Massingale

University of Richmond Law Review

The doctrine of at-will employment is undergoing serious erosion. At-will employment has traditionally meant that either party in an employment relationship is free to terminate employment at any time for any reason. In recent years, however, court rulings have created many exceptions to the at-will rule, and the current status of the doctrine offers little certainty as to whether a particular dismissal decision will result in liability for wrongful termination.

Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer

UIC Law Review

No abstract provided.

Postemployment Restrictive Covenants: Client Base Protection In Washington—Perry V. Moran, 109 Wash. 2d 691, 748 P.2d 224 (1987), Modified, 111 Wash. 2d 885, 766 P.2d 1096, Cert. Denied, 109 S. Ct. 3228 (1989), Susan E. Corisis

Washington Law Review

Most jurisdictions enforce postemployment noncompetition covenants that reasonably prevent an employee from using his or her relationship with the employer's clients to take the clients. In Perry v. Moran, the Washington Supreme Court enforced an employment agreement that prevented the employee from taking her employer's clients, regardless of whether she had personal contact with each of the clients or whether the clients had left the employer's services for reasons other than to follow the employee. This note concludes that a postemployment noncompetition covenant is not reasonable if it prevents an employee from serving an employer's clients with whom the employee …

In Defense Of Management Buyouts, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Leveraged buyouts have become a popular bête noire. The gargantuan size of the transactions and the perception of unconscionable profits have led to a general pillorying in the popular press. Their unpopularity has generated a congressional call to arms and proposals for “reform” by the Securities and Exchange Commission. The plain effect of these efforts, if successful, would be an increase in the cost of buyouts, thereby reducing their frequency.

While perhaps politically attractive, a reduction in frequency may have long-term, harmful consequences. Leveraged buyouts, particularly those inspired by management, represent the ultimate antitakeover device. No longer can an interloper …

A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, 24 J. Marshall L. Rev. 119 (1990), Sherri L. Burr

UIC Law Review

No abstract provided.

Comparable Worth In Arbitration, Christine D. Ver Ploeg

Faculty Scholarship

In 1992 Minnesota became a pioneer in the arena of equal pay for equal work by enacting the Minnesota Local Government Pay Equity Act/Comparable Worth Law (“CWL”), which allocated nearly $22 million to remedy wage disparities between female dominated and male dominated classes at the state level. Each local government had to determine a new pay level for public employees taking into account whether it was a male or female dominated field. Many of these determinations were challenged by unions basing their challenges on two primary themes: (1) the methodologies used were flawed; (2) the determinations were invalid because the …

Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

A Test Of Arbitrability: Does Arbitration Provide Adequate Protection For Aged Employees, Leslie M. Gillin

Villanova Law Review (1956 - )

No abstract provided.

Liability Issues Arising From Hospitals' Use Of Temporary Supplemental Staff Nurses, Diana L. Nolte Huff

Loyola University Chicago Law Journal

No abstract provided.