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Articles 8431 - 8460 of 11177

Full-Text Articles in Labor and Employment Law

Coming Up Dirty: Drug Testing At The Work Place, Terry A. Halbert Jan 1987

Coming Up Dirty: Drug Testing At The Work Place, Terry A. Halbert

Villanova Law Review (1956 - )

No abstract provided.

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Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann Jan 1987

Reconciling Differences: The Theory And Law Of Mediating Labor Grievances, Deborah A. Schmedemann

Faculty Scholarship

While grievance arbitration is the most common method of resolution of disputes arising under collective bargaining agreements, the author proposes that there is also a place for grievance mediation. The author compares mediation to arbitration and negotiation, and describes the strengths and weaknesses of mediation. She explains how mediation clauses in labor agreements could be enforced under section 301 of the LMRA, to protect rights created by those agreements, and proposes that mediation clauses be a basis for injunctions against strikes during the term of an agreement in certain situations. However, the author suggests that courts and the National Labor …

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Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow Jan 1987

Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow

Michigan Journal of International Law

This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.

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The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping Jan 1987

The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping

Michigan Journal of International Law

Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …

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Herbester V. North American Company For Life And Health Insurance: Attorney's Retaliatory Discharge Action Unjustly Dismissed, 21 J. Marshall L. Rev. 215 (1987), Dennis M. Nolan Jan 1987

Herbester V. North American Company For Life And Health Insurance: Attorney's Retaliatory Discharge Action Unjustly Dismissed, 21 J. Marshall L. Rev. 215 (1987), Dennis M. Nolan

UIC Law Review

No abstract provided.

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The Retirement Equity Act: An Accommodation Of Competing Interests, Sherry A. Fabina Jan 1987

The Retirement Equity Act: An Accommodation Of Competing Interests, Sherry A. Fabina

Indiana Law Journal

No abstract provided.

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Rebuilding The Barriers: The Trend In Employment Discrimination Class Actions, Judith J. Johnson Jan 1987

Rebuilding The Barriers: The Trend In Employment Discrimination Class Actions, Judith J. Johnson

Journal Articles

Congress intended that employees vindicate the rights given them under Title VII of the Civil Rights Act of 1964 by private action. For several years private actions proved to be very successful in eliminating employment discrimination. Recent decisions of the Supreme Court and lower courts have limited the effectiveness of the private employment discrimination suit as a major deterrent and remedy for such discrimination. This is especially true in the area of class action suits, which have been the single most effective tool in eliminating employment discrimination. Many courts today interpret Rule 23, the federal rule governing class action suits, …

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H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman Jan 1987

H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman

Cleveland State Law Review

On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …

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Stress In The Work Place, Daniel J. Freedenburg M.D. Jan 1987

Stress In The Work Place, Daniel J. Freedenburg M.D.

University of Baltimore Law Forum

No abstract provided.

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Youth Employment And Unemployment: Outreach Initiatives In Massachusetts And The City Of Boston, James E. Blackwell, William J. Stracqualursi, Zaki A. Sakin Jan 1987

Youth Employment And Unemployment: Outreach Initiatives In Massachusetts And The City Of Boston, James E. Blackwell, William J. Stracqualursi, Zaki A. Sakin

William Monroe Trotter Institute Publications

An effort is made here to identify trends in the labor market participation of teenagers, especially in the Commonwealth of Massachusetts and in the City of Boston; to specify unemployment trends in terms of the racial identification of teenagers or youth, with a special focus on the 14-19 year old cohort; to describe the types of jobs held by teenagers and make an assessment of the long-term implications of types of employment for future employability; to specify the most frequently identified issues* delineated when attempting to address the problem of youth unemployment; to permit young employed people to speak about …

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Foreword, Willard Wirtz Jan 1987

Foreword, Willard Wirtz

San Diego Law Review

The papers in this issue of the San Diego Law Review could be taken as reflecting widespread disarray at the current stage of the always evolving, now rapidly expanding, law of the employment relationship. Dealing with a variety of subject matter areas, the commentators' reactions to what they find range from exasperation to bewilderment to more restrained but nonetheless sharp criticism. If this is partly the custom of legal periodical literature, the general impression is left of more than ordinary confusion, uncertainty, and frustration of purpose in this body of law taken as a whole.

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The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …

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Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard Jan 1987

Unjust Dismissal Of Employees At Will: Are Disclaimers A Final Solution?, Patricia M. Lenard

Fordham Urban Law Journal

This Note maintains that courts should use a balancing approach in the analysis of wrongful discharge disputes. It first discusses the historical foundations of the employment at will doctrine. It then critically examines the current status of the four theories used to weaken this doctrine. It next analyzes four possible resolutions to employer/employee conflicts in the context of employment terminations. These resolutions include: (1) unionization of those employees who want protection; (2) judicial decree to define the current status and direction of the law, including disclaimers in personnel applications or manuals; (3) voluntary approaches by employers that would insure fair …

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Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii Jan 1987

Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Immigration Reform And Control Act Of 1986 ("Irca"): Impact Upon Employer/Employee Fourth Amendment Protections Against Unreasonable Search And Seizure, Barbara A. Susman Jan 1987

The Immigration Reform And Control Act Of 1986 ("Irca"): Impact Upon Employer/Employee Fourth Amendment Protections Against Unreasonable Search And Seizure, Barbara A. Susman

Hofstra Labor & Employment Law Journal

No abstract provided.

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Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle Jan 1987

Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle

Dalhousie Law Journal

In Sobeys Store Limited v. Yeomans et aLI the Appeal Division of the Nova Scotia Supreme Court seems to strike down the provisions of the provincial Labour Standards Code2 that make reinstatement a viable remedy for senior workers who have been dismissed without just cause. In reality, the judgement, now on appeal to the Supreme Court of Canada, may have missed its mark by a wide margin and, despite the obvious intention of the Court, left these very provisions untouched in the result.

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Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer Jan 1987

Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer

Scholarly Works

Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.

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Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick Jan 1987

Political Abuse Of Hiring Halls: Comparative Treatment Under The Nlra And The Lmrda, Barbara J. Fick

Journal Articles

Union hiring halls provide the essential service of referring qualified job applicants to immediate job opportunities in many industries. Unfortunately, opportunities sometimes exist for union leaders to abuse hiring hall mechanisms by manipulating applicant referrals to favor friends and disfavor political enemies. The author discusses hiring hall mechanisms and opportunities for their abuse as well as the prevailing legal theories under which abusive practices may be combatted. She first focuses on NLRA provisions which forbid union conduct causing a person to be discriminated against in employment. She then discusses LMRDA provisions protecting union members' internal union political conduct. She argues …

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Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier Jan 1987

Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier

Dianne Pothier Collection

A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department …

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The Nlrb And The Negotiation Process: A Proposal For A Procedural Fairness Standard Of Review For Unfair Labor Practice Settlements, Andrew F. Fuller Jan 1987

The Nlrb And The Negotiation Process: A Proposal For A Procedural Fairness Standard Of Review For Unfair Labor Practice Settlements, Andrew F. Fuller

Washington Law Review

This Comment will show that the Board's policy of stringent review of the substantive terms of formal settlements is contrary to the purpose of the NLRA. The policy discourages and causes rejection of settlement agreements. In addition, the policy is inconsistent with the negotiation process and with other Board policies. As an alternative to its present policy of stringent substantive review, this Comment proposes that the Board implement a procedural fairness standard of review. This proposed standard would further the purposes of the NLRA and would provide for a realistic degree of review in terms of the negotiation process. Moreover, …

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Employment At Will: Just Cause Protection Through Mandatory Arbitration, Warren Martin Jan 1987

Employment At Will: Just Cause Protection Through Mandatory Arbitration, Warren Martin

Washington Law Review

Employees' primary interest in wrongful termination litigation is job security. Job security has many meanings. It may imply a tenure system with discharge for exceptional circumstances only. On the other hand, it may refer to a limited training and transfer system for reassigning displaced employees. The question is what type of "security" the average employee needs. Employers, by contrast, are primarily interested in management freedom. Restricting management's freedom to terminate employees affects the employer by increasing costs and reducing productivity. Productivity is reduced when management retains incompetent or unnecessary employees for fear of litigation. Costs are increased through both litigation …

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Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis Jan 1987

Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis

Journal of Law and Health

Certainly, there are appealing rationales for drug testing many government employees and few would dispute that police and fire personnel should be free of any substances which might undermine their job effectiveness. But while government employees may have lesser expectations of privacy than those in the private sector, the courts readily recognize that they have not abandoned all of their individual rights, and do not hesitate to enforce constitutional protections.

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Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard Jan 1987

Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard

Journal of Law and Health

Drug testing, or perhaps more appropriately substance abuse testing, is a double-edged sword in the private sector. Not only can the employer be sued as the result of testing but he can be sued for not testing. Private employers find themselves in the classic "damned if you do, damned if you don't" situation. Large corporations are seen as deep pockets when matched against one of their employees and if the plaintiff's lawyer can find an issue and then get his or her case to the jury, corporate pockets can be very deep indeed. Hence, before examining the legal implications of …

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A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage Jan 1987

A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage

Journal of Law and Health

The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.

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Potential Employer Liability For Employee References, Kyle E. Skopic Jan 1987

Potential Employer Liability For Employee References, Kyle E. Skopic

University of Richmond Law Review

Employers are having second thoughts about giving employee references. Until recently, prior employers willingly passed on significant amounts of employee information to prospective employers. However, the increasing propensity of individuals and companies to sue over undesirable or inadequate references has made many employers reluctant to give out frank and detailed references. As courts continue to explore privacy and employee rights, employers will be forced to weigh the benefits of providing references' against the possibility of defending a costly lawsuit.

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An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan Jan 1987

An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan

Cleveland State Law Review

Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …

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Some Historical Reflections On Landrum-Griffin, Clyde W. Summers Jan 1987

Some Historical Reflections On Landrum-Griffin, Clyde W. Summers

Hofstra Labor & Employment Law Journal

No abstract provided.

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Membership Rights In Union Referenda To Ratify Collective Bargaining Agreements, Paul Alan Levy Jan 1987

Membership Rights In Union Referenda To Ratify Collective Bargaining Agreements, Paul Alan Levy

Hofstra Labor & Employment Law Journal

No abstract provided.

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The Controversy Over What Statute Of Limitations Period Should Be Applied To Claims Arising Under The Labor-Management Reporting And Disclosure Act Of 1959, Ruth Weinreb Jan 1987

The Controversy Over What Statute Of Limitations Period Should Be Applied To Claims Arising Under The Labor-Management Reporting And Disclosure Act Of 1959, Ruth Weinreb

Hofstra Labor & Employment Law Journal

No abstract provided.

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Defamation At The Workplace Employers Beware, Richard J. Larson Jan 1987

Defamation At The Workplace Employers Beware, Richard J. Larson

Hofstra Labor & Employment Law Journal

No abstract provided.

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