Labor and Employment Law Commons^™

Challenges To Arbitration Under Illinois Public Sector Labor Relations Statutes, Robert Perkovich, Mark H. Stein

Hofstra Labor & Employment Law Journal

No abstract provided.

Vol. 6, No. 1, Randi Hammer Abramsky, Hans Dekok

The Illinois Public Employee Relations Report

Contents:

Review of Arbitration Awards under the Illinois Public Labor Relations Act: A Look at AFSCME v. Department of Mental Health, by Randi Hammer Abramsky

Public Sector Fair Representation Claims in Illinois, Hans DeKok

Further References

Reports, Awards, And Opinions 1989-1, 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 Edison Company, BOCES Staff Association, an members of Local No. 270, Utility Workers Union of America, AFL-CIO, among others.

Reports, Awards, And Opinions 1989-2, 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 Manhattanville Nursing Care Center, Inc., New York Bus Service, The New York Stock Exchange, and Southwest Ohio Regional Transit Authority, among others.

Reports, Awards, And Opinions 1989-3, 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 Trans World Airlines, Incorporated, Triborough Bridge and Tunnel Authority, Union Carbide Corporation, and Western Massachusetts Electric Company.

Weingarten And The Taylor Law - A Claimed Difference Without Distinction, Anthony R. Baldwin

Hofstra Labor & Employment Law Journal

No abstract provided.

Labor Law, James M. Gecker, Cathryn E. Albrecht

Loyola University Chicago Law Journal

No abstract provided.

Rational Decisions And Regulation Of Union Entry, Keith N. Hylton, Maria O'Brien Hylton

Villanova Law Review (1956 - )

No abstract provided.

Smoking In The Workplace: Who Has What Rights?, John C. Fox

Campbell Law Review

This Article will examine the legal issues that surround the workplace smoking controversy and will discuss the "rights" of smokers and nonsmokers. This Article also reviews legislation aimed at protecting the interests of smokers and nonsmokers in connection with their employment. Finally, the Article discusses practical resolutions which employers may find useful when addressing workplace smoking issues.

National Treasury Employees Union V. Von Raab: A Broader Special Needs Warrant Exception Dilutes Fourth Amendment Protection, 22 J. Marshall L. Rev. 903 (1989), Kathryn Schierl

UIC Law Review

No abstract provided.

Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley

Scholarly Articles

The thesis of this Article is that, now conscripted into the fray, the NLRB must consider free speech and association values embodied in the Constitution and laws when deciding Taft-Hartley dues objector issues. Only then can the NLRB fulfill its congressional mandate, recently discovered and described in Beck, to develop a coherent body of law that accommodates potentially explosive confrontations between dues objectors' right of free expressive association and the union majority's statutory right to organize and bargain collectively on behalf of all represented employees, including dues objectors.

To develop this thesis, the threshold task is to demonstrate that although …

Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke

Penn State International Law Review (1982 - 2011)

Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.

Comparison: Japanese And American Plant Closing Laws, Allison Zousmer

Michigan Journal of International Law

This Note analyzes the American and Japanese approaches to plant closings and discusses to what extent the American government can apply the successful Japanese approach to its own labor relations system. The first part examines the specific provisions of the two nations' laws. Second, it illustrates how the divergent social rules and historical backgrounds influence the operation of the plant closing laws in both nations. Part three explores the impact and applicability of Japanese labor policies to American industrial practices. The Note concludes that although the Japanese provide a general model for a labor management system which combines cooperation and …

When Two "Rights" Make A Wrong: The Protection Of Nonsmokers' Rights In The Workplace, Donna C. Stroud

Campbell Law Review

This Article will deal with the protection of nonsmokers' rights with emphasis on the special problems faced by nonsmokers in North Carolina. Nonsmokers need a way to be assured of a safe workplace and of job security despite the fact that tobacco is of great importance in the state's economy. Nonsmokers need remedies to pursue if they are harmed by exposure to smoke. Also, employers need to be aware of the liability ramifications of nonsmokers' rights and of how to protect their employees.

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

Articles

No abstract provided.

Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine

Book Chapters

At the end of 1982 the active membership of the United Automobile Workers stood at 1.25 million workers, belonging to about 1,600 local unions in the United States and Canada. There were 1.14 million Americans and 115,000 Canadians. Women accounted for 170,000 memberships in the two countries. A fifth or more of the total may have been retired members. The UAW ranks as the largest manufacturing union, ahead of the United Steelworkers, but behind three unions representing truckers, school teachers, and retail employees. Substantially all the blue-collar workers in the domestic auto industry have been organized, the vast majority by …

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

Erisa: The Arbitrary And Capricious Rule Under Siege, George Lee Flint Jr

Faculty Articles

While ERISA sets forth an explicit standard that the plan administrator’s actions must meet those of a prudent man acting in like circumstances, courts have applied the arbitrary and capricious standard of review to administrator decisions. Courts should apply the arbitrary and capricious standard only when dealing with disinterested plan administrators acting properly under ERISA. The arbitrary and capricious rule was applied to post-ERISA decisions as a continuation of the pre-ERISA precedent, which established the rule through the continued development of common law from union negotiated employee benefit plans decided under the Labor Management Relations Act. Unfortunately, this continuation of …

Labor, Management And The First Amendment: Whose Rights Are These Anyway?, Michael Fischl

Faculty Articles and Papers

No abstract provided.

United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer

Articles

No abstract provided.

Arkansas Courts And Covenants Not To Compete, John R. Pagan

University of Arkansas at Little Rock Law Review

No abstract provided.

The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall

Fordham Urban Law Journal

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …

Drafting Wagner's Act: Leon Keyserling And The Precommittee Drafts Of The Labor Disputes Act And The National Labor Relations Act, Kenneth M. Casebeer

Articles

This Article analyzes the development of the National Labor Relations Act through the drafts of the original Act. The author traces the evolution of Senator Wagner's ideas through numerous policy and political battles to the passage of the NLRA in 1935. The author explores the development of the drafts and the historical context surrounding their creation to reveal the social theory of the drafters and illuminate previously unexplored undercurrents in the text of the Act itself. The author, through this novel approach to the NLRA, sets up a new way to view the 1935 Act, and evaluates subsequent amendments and …

Title Vii : Application Of Impact Analysis To Subjective Employment Criteria, 24 Harv. C.R.-C.L. L. Rev. 264 (1989), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Nlrb Guidelines For Determining Health Care Industry Bargaining Units: Judicial Acceptance Or Back To The Drawing Board, John Robert Shelton

Kentucky Law Journal

No abstract provided.

Employment Discrimination And The Reconsideration Of Runyon, Lee Modjeska

Kentucky Law Journal

No abstract provided.

The Federal Personnel Complaint, Appeal, And Grievance Systems: A Structural Overview And Proposed Revisions, William V. Luneburg

Kentucky Law Journal

No abstract provided.

Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Deregulation - The United States Experience, Charles G. Moerdler

Hofstra Labor & Employment Law Journal

No abstract provided.