Labor and Employment Law Commons^™

Substance Testing Vs. Workers' Rights: Litigation And Collective Bargaining Strategies To Protect The Private-Sector Employee, Deborah Stern, James L. Weeks

West Virginia Law Review

No abstract provided.

The Controlled Group Rule For Purposes Of The Withdrawl Liability Provisions Of The Employee Retirement Income Security Act, Israel Goldowitz, Thomas S. Gigot

West Virginia Law Review

No abstract provided.

Labor Law Successorship Under The National Bituminous Coal Wage Agreement And The Union's Campaign For Job Security, Thomas P. Geis, Ward L. Smith

West Virginia Law Review

No abstract provided.

Employment Discrimination—Business Necessity And Bfoq Exceptions To Title Vii Extended To Unmarried, Pregnant Youth Services Workers Serving As Role Models. Chambers V. Omaha Girls Club, Inc., 834 F.2d 697 (8th Cir. 1987)., Judith Elane

University of Arkansas at Little Rock Law Review

No abstract provided.

Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald

Michigan Law Review

This Note examines the differing judicial approaches for reviewing NLRB alter ego findings, and concludes that a fundamental problem with all of the current approaches is the unwarranted consideration of motive in varying degrees. This Note proposes a modified "reasonably foreseeable benefit" standard which does not depend in any degree on the employer's motive for changing its corporate form. Part I discusses the origin and evolution of the alter ego doctrine, including its genesis in Southport Petroleum, the well-settled Crawford Door factors, and the related "successorship" doctrine. Part II analyzes the conflict among the federal courts of appeals over …

Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch

Vanderbilt Law Review

This Special Project Note analyzes the labor relations systems of the Federal Republic of Germany, Japan, and Sweden, focusing on the statutory developments as well as the social, political, and economic factors that shape those systems. Parts II through IV discuss the general structure and operation of each of these systems. Part V compares and contrasts these systems to the American system by applying them to a hypothetical corporate merger. Finally, Part VI discusses the feasibility of a partial or total adoption of any of the three foreign systems by the United States.

Hybrid Employees: Defining And Protecting Employees Excluded From The Coverage Of The National Labor Relations Act, Patrick S. Bryant

Vanderbilt Law Review

Any discussion of labor-management relations naturally assumes two parties: labor and management. Fundamental to both the industrial philosophy and labor legislation of the United States has been the assumption of mutually exclusive and largely adversarial camps of "employers" and "employees." This rigid dichotomy, however, fails to recognize the existence of a third group of workers that fits neither the labor nor the management typology. These workers are best described as hybrid employees: workers who arguably deserve many of the statutory protections afforded to labor but who may be aligned too closely with the employer's interests to warrant the protection of …

The Future Of Labor-Management Cooperative Efforts Under Section 8(1)(2) Of The National Labor Relations Actfff, David H. Brody

Vanderbilt Law Review

Much of the current debate concerning labor-management cooperative efforts centers on section 8(a)(2) of the National Labor Relations Act (the Act), which makes dominating, interfering with, or contributing to the formation or administration of any labor organization an unfair labor practice. On its face, this section may inhibit cooperative efforts through a prohibition of management support for employee organizations. The effect of section 8(a)(2), however, need not be so restrictive because of the Act's underlying concern for the effectuation of employee freedom of choice. A concern for employee free choice provides a means for permitting positive cooperative efforts, consistent with …

Introduction: Special Project - Labor Management Cooperation, Journal Staff

Vanderbilt Law Review

In the midst of the industrial strife and upheaval of the 1930s, the United States Congress, with the passage of the National Labor Relations Act (NLRA), established the legal framework that regulates the rights and interests of both labor and management through an adversarial collective bargaining process.' As domestic businesses have expanded to serve a worldwide market, however, the modern labor-management relationship is experiencing intense pressure from foreign competition that is rattling the adversarial process' foundations. In an attempt to raise productivity and quality, many American businesses have participated in cooperative efforts with employees, focusing one employee participation in the …

The Viability Of Distinguishing Between Mandatory And Permissive Subjects Of Bargaining In A Cooperative Setting: In Search Of Industrial Peace, Thomas T. Crouch

Vanderbilt Law Review

In July 1985 General Motors entered into an agreement with the United Auto Workers (UAW) setting forth the terms and conditions of a future automobile facility, known as the Saturn Corporation, in Spring Hill, Tennessee. General Motors and the UAW view this project as an unprecedented achievement in "union-management partnership." The goal of the Saturn project is to maintain General Motors'viability as a domestic enterprise through an agreement to build a new subcompact car in the United States. This partnership between the corporation and the UAW will include employee participation and enhanced job security. Faced with mounting competition from overseas …

Re Canada Post Corp And Canadian Union Of Postal Workers (Halifax Franchise Grievance), Innis Christie

Innis Christie Collection

Union Grievance alleging improper contracting out. Grievance allowed.

National union grievance alleging violation of art. 39.08 of the collective agreement between the parties for the Postal Opera­tions Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, signed April 2, 1985, and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, S. C. 1987, c. 40, Bill C-86, in that the employer opened a franchised dealership without holding constructive consultation with the union. The union requested an order that the employer be directed to discontinue the offering of new services through …

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

A Hazardous Mix: Discretion To Disclose And Incentives To Suppress Under Osha's Hazard Communication Standard [Note], Susan Carle

Scholarly Articles in Law Reviews & Journals

Discusses hazardous products and the Hazardous Communication Standard which requires chemical manufacturers to provide warnings for dangerous products.

Viii. Employment & Labor Law

Washington and Lee Law Review

No abstract provided.

Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt

BYU Law Review

No abstract provided.

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

Innis Christie Collection

Employee 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 September 30, 1986, and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular Article 10, in that the Employer discharged the grievor without just, reasonable or sufficient cause. on behalf of the grievor the Union requested that he be reinstated to his former position without loss of rights, benefits or earnings and that all reports, letters or documents relating to this matter be removed from …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance alleging breach of the Collective Agreement between the parties for the Postal Operations Group (Non- Supervisory) : Internal Mail Processing and Complementary Postal Services, which expired September 30, 1986 and remains in force pursuant to the Postal Services Continuation Act, 1987, and in particular that the Employer breached Articles 19.14 and 19.15 by changing certain annual leave practices in Moncton. The Union requests an order that the Employer revert to previous practice.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

National Union grievance alleging violation of Articles 13.15 and 39.08 of the Collective Agreement between the parties for the Postal Operations Group (Non-Supervisory). Internal Mail Processing and Complementary Postal Services, signed April 2, 1985 and bearing the expiration date September 30, 1986, maintained in force and effect by the Postal Services Continuation Act, 1987, Bill C-86. The Union requested an order that the Employer be directed to withdraw from franchise agreements allegedly made in breach of the Collective Agreement to engage in constructive consultations and to provide certain specified information, and for damages, both in its own right and …

The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Employment Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Matthew R. Westfall, Alvin L. Goldman, Jon L. Fleishaker, Carl B. Boyd Jr., Marvin L. Coan, Carolyn S. Bratt, Michael W. Hawkins, Richard C. Stephenson, Dorothy M. Pitt, Paul H. Tobias, Judith B. Hoge

Continuing Legal Education Materials

Outlines of speaker presentations at the Employment Law Seminar held by UK/CLE on January 22-23, 1988.

The Anamag Decision: An Illustration Of Legislative Inadequacy, Carmine E. Esposito

Hofstra Labor & Employment Law Journal

No abstract provided.

Employment-At-Will & Codes Of Ethics: The Professional's Dilemma, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Reports, Awards, And Opinions 1988-2, 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 Whitney Museum of American Art, Trans World Airlines, Incorporated, and The Port Authority of New York and New Jersey, among others.

Reports, Awards, And Opinions 1988-1, 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 Central Hudson Gas & Electric Corporation, Chicago Pneumatic Tool Company, Citizens Gas & Coke Utility, and Local 153, Office & Professional Employees International Union, among others.

Labor Law, Bruce R. Alper, Heidi Dalenberg

Loyola University Chicago Law Journal

No abstract provided.

The Politicized Worker Under The Labor-Management Reporting And Disclosure Act, Barry Sautman

Hofstra Labor & Employment Law Journal

No abstract provided.

Labor Law - The Effect Of A General No-Strike Clause On The Right To Sympathy Strike: A Clear And Unmistakable Waiver, Richelle Sandmeyer Maestro

Villanova Law Review (1956 - )

No abstract provided.

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

An Analysis Of Plant Closing Law: How To Protect Workers From The Effects Of Cessation In Business While Preserving Employer Rights, 21 J. Marshall L. Rev. 565 (1988), Judith Gallo

UIC Law Review

No abstract provided.