Labor and Employment Law Commons^™

Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …

The Drug-Free Federal Workplace: A Question Of Reasonableness, Mark E. Newcomb

William & Mary Law Review

No abstract provided.

Mandatory Drug Testing For Federal Employees And Private Employees In Government Regulated Industries: Is Drug Testing Without Probable Cause Unconstitutional?, Kevin C. Miller

Washington and Lee Law Review

No abstract provided.

The Struggle To Define Section 7 Concerted Activity: A Literal Definition Emerges

Washington and Lee Law Review

No abstract provided.

Legal Liability For Medical Innovation, Richard A. Epstein

Cardozo Law Review

No abstract provided.

Reversion Of Surplus Pension Assets Upon Plan Termination: Is It Consistent With The Purpose Of Erisa?, Jennifer L. Pratt

Indiana Law Journal

No abstract provided.

The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad

Washington Law Review

In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …

Has Labor Law Failed--A Rejoinder To Richard Trumka, Marion Crain-Mountney

West Virginia Law Review

No abstract provided.

Comments On Richard Trumka's Why Labor Law Has Failed, Lance Compa

West Virginia Law Review

No abstract provided.

Has Labor Law Failed--A Management View, Joseph Price

West Virginia Law Review

No abstract provided.

Richard L. Trumka's Rebuttal To Responses To Why Labor Law Has Failed, Richard L. Trumka

West Virginia Law Review

No abstract provided.

Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton

William Monroe Trotter Institute Publications

There are four major objectives of this research. The first objective is to determine whether and to what extent differences in unemployment rates in Boston among black, Hispanic, and white workers are due to the following: (1) the differences in the percentage of individuals in each group who experience a spell of unemployment at one time or another during the year, that is the incidence of unemployment; or (2) the differences in the average number of spells of unemployment during the year, that is the frequency of unemployment; or (3) the differences in the average length of time a spell …

The Future Of Affirmative Action In Employment , Harry T. Edwards

Washington and Lee Law Review

No abstract provided.

Why Labor Law Had Failed, Richard L. Trumka

West Virginia Law Review

No abstract provided.

The Capricious Lure Of Labor Law Regulation, Laurence E. Gold

West Virginia Law Review

No abstract provided.

Mr. Trumka: If It Ain't Broke, Don't Fix It, Robert M. Steptoe Jr.

West Virginia Law Review

No abstract provided.

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

Innis Christie Collection

Policy Grievance relating to grievance procedure. Grievance allowed.

At issue here is the binding effect of an arrangement between the parties in the Atlantic region which allows for the "Level 2" hearing in grievances relating to absenteeism to be held at Halifax rather than at the employer's head office. Also at issue was the question of whether the implication of this arrangement is that the union has the option of using the expedited arbitration procedure set out in paras. 13 to 25 of app. "E" to the collective agreement for such grievances.

Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson

Michigan Law Review

A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein

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

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 21 or Article 20 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave, or, alternatively, Article 20 in that the Employer refused to allow sick leave. The Union requests that the grievor be paid for three hours and twenty minutes of special leave, or, alternatively, that he …

Re Canada Post Corp And Cupw (Clarke And Steiner), Innis Christie

Innis Christie Collection

Employee grievances alleging that the Employer violated Article 15 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired December 31, 1982 but was extended by Bill C-124 to September 30, 1984, in that the Employer bypassed the grievors in the administration of equal opportunity for overtime. The Union requested that the grievors be paid amounts equal to the amounts they would have been paid had they not been bypassed on the occasions in question.

Protecting Worker Safety At The Expense Of Increased Productivity: An Examination Of Implied Concertedness Theory, Jay Kenigsberg

In the Public Interest

No abstract provided.

Protected Work Refusals Under Section 105(C)(1) Of The Mine Safety And Health Act, Timothy M. Biddle, Thomas C. Means, Peter K. Levine

West Virginia Law Review

No abstract provided.

Criminal Sanctions, Personal Civil Penalties, And Special Investigations Under The Federal Mine Safety And Health Act Of 1977: A Practitioner's Approach, Mark N. Savit

West Virginia Law Review

No abstract provided.

Medical And Health Issues In Coal Arbitration, Marlin M. Volz

West Virginia Law Review

No abstract provided.

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.

United Mine Workers Of America V. Faerber: Full Roof Bolting Required In Auger Mines, Peggy L. Collins

West Virginia Law Review

No abstract provided.

A.T. Massey Coal Company V. International Union, United Mine Workers: Binding Parent Corporations To The Collective Bargaining Agreements Of Their Subsidiaries, Sara R. Simon

West Virginia Law Review

No abstract provided.

Labor Law—Employment At Will Doctrine—Good Cause Provision Allowed, Todd Lewellen

University of Arkansas at Little Rock Law Review

No abstract provided.

Reckless Endangerment Of An Employee: A Proposal In The Wake Of Film Recovery Systems To Make The Boss Responsible For His Crimes, Anne D. Samuels

University of Michigan Journal of Law Reform

This Note argues that the traditional regulatory, civil, and criminal mechanisms are both ineffective and inappropriate to deter or punish corporate decisionmakers for decisions that pose risks to the safety or health of employees in the workplace. The Note proposes a new criminal offense to prevent and punish culpable corporate decisionmaking that results in employee deaths or injuries. Part I explains the novel application of the traditional murder offense in Film Recovery Systems and demonstrates that the case fails to lay the foundation for a standardized response to employee endangerment. Part II analyzes the traditional responses of the regulatory and …

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

Innis Christie Collection

Employee grievance alleging that the Employer violated Article 21 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave. The Union requests that the grievor be paid for one hour and fifty minutes of special leave.