Labor and Employment Law Commons^™

The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras

UIC Law Review

No abstract provided.

Bench Memorandum, 21 J. Marshall L. Rev. 940 (1988), Mark A. Absher

UIC Law Review

No abstract provided.

Nlrb Deferral To Arbitration: Placing Individual Employees' Statutory Rights Upon The Sacrificial Altar Of Olin To Promote A National Labor Policy Favoring Private Dispute Resolution, 21 J. Marshall L. Rev. 323 (1988), Craig Dow Patton

UIC Law Review

No abstract provided.

Liability For Transmission Of Aids In The Hospital Workplace: A Critique Of Mandatory Aids Testing Of Hospital Patients, Anne Shaffer

West Virginia Law Review

No abstract provided.

Partners As Employees Under The Federal Employment Discrimination Statutes: Are The Roles Of Partner And Employee Mutually Exclusive?, Troy D. Ferguson

University of Miami Law Review

No abstract provided.

The Doctrine Of Wrongful Discharge In North Carolina: The Confusing Path From Sides To Guy And The Need For Reform, J. Michael Mcguinness

Campbell Law Review

This article will analyze Sides, Guy, and other authorities relevant to the development of the doctrine of wrongful discharge in North Carolina. With support from recent commentary, this article concludes that the true meaning of the North Carolina public policy exception is not limited to the facts of Sides. Rather, Sides and earlier authorities provide that abusive employee discharges in violation of established public policy are not insulated by the at will rule.

Erisa Spendthrift Rules - It Just Shouldn't Be This Hard, Ronald I. Kirschbaum

Campbell Law Review

On August 9, 1984, Congress passed the Retirement Equity Act (REA). Signed into law on August 23, 1984, this Act had, as one of its purposes, the clarification of the confusion concerning the anti-alienation rules originally adopted ten years earlier. Unfortunately, this most laudable endeavor, carried out with very limited objectives, was without a view towards the creation of a comprehensive and workable statutory framework. As will be seen, the creation of the Qualified Domestic Relations Order (QDRO) by the REA, establishes an island of relative certainty. This island sits, however, in a sea of assumption and supposition leaving plan …

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …

The Dilemma Of Regulating Small Business: The Need For A New Policy Framework, Roland G. Droitsch

Villanova Law Review (1956 - )

No abstract provided.

Government Intervention In Labor Markets: A Property Rights Perspective, Daniel J. Mitchell

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Protecting Persons With Aids From Employment Discrimination, Erica Horn

Kentucky Law Journal

No abstract provided.

That's No Beep, That's My Boss: Congress Seeks To Disconnect The Secrecy Of Telephone Monitoring In The Workplace, 21 J. Marshall L. Rev. 881 (1988), Connie Barba

UIC Law Review

No abstract provided.

Benefits Of Retirees: Negotiations And The Duty Of Fair Representation, 21 J. Marshall L. Rev. 513 (1988), Robert S. Bates Jr.

UIC Law Review

No abstract provided.

Duldulao V. St. Mary Of Nazareth Hospital Center: Illinois Recognizes Handbook Exception To At Will Employment Relationship, 21 J. Marshall L. Rev. 657 (1988), Jill P. O'Brien

UIC Law Review

No abstract provided.

Is Small Beautiful At The Workplace, John T. Dunlop

Villanova Law Review (1956 - )

No abstract provided.

Should American Labor Law Be Applied To Small Business - Introduction, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Labor-Management Relations Act (Lmra) And Small Business: Should The Act Be Reformed To Accommodate Small Business, Earl V. Brown Jr.

Villanova Law Review (1956 - )

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Labor Laws And The Small Business: Betting The Farm, William J. Kilberg

Villanova Law Review (1956 - )

No abstract provided.

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …

The Legal And Economic Implications Of Union-Management Cooperation: The Case Of Gm And The Uaw, Theodore J. St. Antoine

Book Chapters

'Cooperation' sounds too much like 'cooption.' 'Collaboration' recalls the Nazis in occupied Europe. Words are important in labor relations. A word we like is 'jointness.' Another is 'involvement.'

With comments like those, a top United Automobile Workers official recently pinpointed one of the most significant and controversial developments in contemporary industrial life-the substitution of a new union-management attitude of conciliation and togetherness for the parties' traditional adversarial stance.

In this paper I shall briefly trace the rise of participative management, as the process is often called, using the experience of General Motors and the UAW as my prime example. The …

A Synthesis And A Proposal For Reform Of The Employment At-Will Doctrine, Robert M. Bastress

West Virginia Law Review

Representing a client who seeks relief for an employment discharge is a lot like playing bingo: you hope the client calls out facts that permit you to maneuver the case into the right squares of forbidden employer motive or conduct in order to win a prize. The traditional doctrine of at-will employment,' which gives an employer the right to fire an employee at any time for any reason or for no reason, has now been qualified in so many ways that only bad luck prevents an unjustly discharged employee from fitting his termination into squares that could provide relief. It …

Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford

Faculty Publications By Year

In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …

Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi

Articles by Maurer Faculty

No abstract provided.

Management's Unilateral Implementation Of Drug Testing Programs: Are The Unions Left Holding The Jar, Royce Robert Remington

Cleveland State Law Review

This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order …

Forward To Drug Testing Symposium, Christine D. Ver Ploeg

Faculty Scholarship

This forward to the William Mitchell Law Review provides an overview on the six articles on various important drug testing topics included therein. These articles will be welcomed by anyone who is struggling to write a drug testing policy, trying to identify employees' rights to challenge a test or test results, or by anyone who seeks to gain a general understanding of this complex and controversial topic.

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

Articles

In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.