Labor and Employment Law Commons^™

The Nlrb's Proposed Rule For The Determination Of Health Care Bargaining Units: Is The Aha Barking Up The Wrong Tree?, Brenda Murphy

Loyola University Chicago Law Journal

No abstract provided.

Illinois Ex Rel. Sheppard V. Money: Income Withholding Provision Of The Illinois Parentage Act Of 1984 Expedites Child Support Enforcement At Employers' Expense, 23 J. Marshall L. Rev. 285 (1990), Timothy G. Compall

UIC Law Review

No abstract provided.

Employee Benefits - Employee Retirement Income Security Act Allows Employers To Pursue Federal Common Law Cause Of Action For Equitable Restitution Of Mistaken Pension Fund Contributions, Elise A. Fialkowski

Villanova Law Review (1956 - )

No abstract provided.

Working Backwards: The Covenant Of Good Faith And Fair Dealing In Employment Law, Deborah A. Schmedemann

Faculty Scholarship

This article examines the covenant of good faith and fair dealing with respect to employment law. This doctrine is at an interesting stage in its development (or decline) in Minnesota and elsewhere. The article begins with the standard exposition of the current state of the law; part I describes the limited scope of the covenant and its limited force in Minnesota employment law. Part II contains my assessment of the courts' handling of the covenant and the promise this theory holds for Minnesota employees and employers. My theses are: First, the courts have thus far failed to develop a sound …

Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell

West Virginia Law Review

No abstract provided.

The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell

UIC Law Review

No abstract provided.

Labor Law, Fay Hartog-Rapp, Daniel S. Kaplan

Loyola University Chicago Law Journal

No abstract provided.

Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer

Cleveland State Law Review

On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine

Articles

A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …

The Steelworkers Trilogy In The Public Sector, Ann C. Hodges

Law Faculty Publications

This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive …

State Prosecutions For Safety-Related Crimes In The Workplace: Can D.A.'S Succeed Where Osha Failed?, S. Douglas Jones

Kentucky Law Journal

No abstract provided.

Citizenship, Alienage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack Player

Faculty Publications

INTRODUCTION

This paper will survey the federal law of discrimination in employment based on ethnic origin, alienage, and citizenship. There are a number of sources of this law, many of them overlapping. The federal constitution provides some protections, but only to governmental employees or applicants. The traditional centerpiece of employment discrimination law is Title VII of the Civil Rights Act of 1964. The 1866 Civil Rights Act also provides protection which overlaps with that provided by Title VII. Finally, the recently enacted Immigration Reform and Control Act of 1986 regulates both national origin discrimination, thus duplicating the protections of Title …

Studying The Iceberg From Its Tip: A Comparison Of Published And Unpublished Employment Discrimination Cases, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Researchers often rely on published opinions to draw conclusions about cases decided by the courts, determinants of court decisions, and broader social phenomena. We demonstrate that 80 to 90 percent of employment discrimination cases filed in federal court do not produce a published opinion. There are good theoretical reasons to believe that the process generating a published opinion is not random and thus that samples of published cases will not be representative of all cases. Through a direct comparison of published and unpublished cases, we show that the two actually do differ in significant and predictable ways. Examining several studies …

A Leash Upon Labor: Rico Trusteeships On Labor Unions, Kenneth R. Wallentine

Hofstra Labor & Employment Law Journal

No abstract provided.

Illegal Aliens And Workers' Compensation: The Aftermath Of Sure-Tan And Irca, Mark Anthony Miele

Hofstra Labor & Employment Law Journal

No abstract provided.

Civil Rights In Employment: The New Generation, Linda H. Edwards

Scholarly Works

In July 1989, Title VII was twenty-five years old. It is generally assumed that the first twenty-five years have seen significant changes in the economic opportunities available to America’s minorities and women. But with the rise to power of the Reagan appointees, the Supreme Court is clearly fashioning a new approach to issues of civil rights in employment. This article analyzes the new Court’s emerging themes and proposes a congressional response.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley

University of Richmond Law Review

This survey article covers judicial developments in Virginia employment law between June 1989 and June 1990. The survey does not address developments in the areas of workers' compensation or unemployment compensation.

Capital Punishment In Missouri: Recent Developments In The Interpretation And Administration Of The Death Penalty, Ellen Y. Suni

Faculty Works

No abstract provided.

Women Denied Partnerships: From Hishon To Price Waterhouse V. Hopkins, Gerald A. Madek, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

This article reviews the seminal Supreme Court decision governing access to partnership status in professional settings in the context of a sex discrimination challenge. As women entered the workforce in record numbers, they thrived against the backdrop of the 1964 Civil Rights Acts. There were still obstacles however, to the complete participation of women in the workforce one generation later. Although legal precedent existed for the equal treatment of women in low and middle management jobs, this was not the case for women seeking executive and partner-level jobs. The Supreme Court considered this issue in the case, Price Waterhouse v. …

Hazard Communication In The Workplace, Mark L. Goldstein

Hofstra Labor & Employment Law Journal

No abstract provided.

The Employee Polygraph Protection Act Of 1988: Proper Penalties When Guilty Employees Are Improperly Caught, Kathleen F. Reilly

Hofstra Labor & Employment Law Journal

No abstract provided.

Women Denied Partnerships Revisited: A Response To Professors Madek And O'Brien, David R. Wade

Hofstra Labor & Employment Law Journal

No abstract provided.

Crisis After Dole: The Plight Of Modern Homeworkers, Laura Helene Gonshorek

Hofstra Labor & Employment Law Journal

No abstract provided.

Ingle V. Glamore Motor Sales, Inc.: The Battle Between Ownership And Employment In The Close Corporation, Alyse J. Ferraro

Hofstra Labor & Employment Law Journal

No abstract provided.

English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea

University of Michigan Journal of Law Reform

This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …

Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke

Upjohn Press

Cooke answers important questions about labor-management cooperative efforts and addresses the problems undermining these efforts. His analyses are based on a variety of secondary data sources plus primary data from three nationwide surveys of plant managers, union leaders, and industry executives. Also included are several prescriptions for the success of labor-management cooperative efforts.

At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall

Seattle University Law Review

The purpose of this Article is to examine the nature and origin of the issues now being faced by Washington courts in the area of at will employment and to argue that the well-established legal principles governing other kinds of contracts be consistently applied to at will employment contracts. This will result in a proper balance between the desire to protect at will employees from unfair termination and the need to allow employers the freedom to make decisions in the hiring and termination of at will employees without undue interference. This Article will first review the historical development of the …

Inadvisable Advice: Limits On Employers' Counseling Of Employees With Regard To Unfair Labor Practice Proceedings, John W. Teeter Jr

Faculty Articles

The National Labor Relations Board frequently interviews or subpoenas employees to help determine whether an employer has committed an unfair labor practice. Many employers, however, have advised their employees that they may refuse to cooperate with the Board's efforts. Professor Teeter argues that such advice has an inherent tendency to coerce employees and to frustrate the Board's vindication of their statutory rights. After reviewing the inconsistent approaches tribunals have taken to this problem, the author recommends that employers be prohibited from counseling employees regarding their participation in the Board's proceedings. Professor Teeter concludes that the Board itself should be the …