Labor and Employment Law Commons^™

Title Vii And The Applicability Of Disparate Impact Analysis To Subjective Selection Criteria, Jane Rigler

West Virginia Law Review

Discrimination-free employment practices have been mandated in this country for over twenty years, yet all members of American society do not share equal employment opportunities. One need only compare the unemployment rate of blacks to whites to conclude that complexion bears a remarkable relationship to employment experiences. A reminder that the earning power of American women is vastly different than that of men is evidence enough that gender is a factor in employment decisions. Most employers have abandoned their more overtly discriminatory practices such as outright refusals to employ members of racial minorities or women, termination of a woman on …

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise of pre-election …

Concurrent Jurisdiction Of Title Vii Actions

Washington and Lee Law Review

No abstract provided.

Bad Faith Claims Practices In Texas: Do They Exist: Extending A Bad Faith Cause Of Action Of Texas Workers' Compensation Insurance Claimants., Frederick L. Streck Iii

St. Mary's Law Journal

Abstract Forthcoming.

Pre-Election Review Of Voter Initiatives—American Federation Of Labor-Congress Of Industrial Organizations V. Eu, 36 Cal. 3d 687, 686 P.2d 609, 206 Cal. Rptr. 89 (1984), Carol Sue Hunting

Washington Law Review

In American Federation of Labor-Congress of Industrial Organizations v. Eu (AFL-CIO), the California Supreme Court removed a proposed initiative from the ballot prior to the election. The proposed initiative would have compelled the California legislature to apply.to Congress for a limited constitutional convention. The court recognized a general rule against pre-election review of initiatives, but nevertheless found pre-election review appropriate under an exception to the rule. The exception invoked in AFL-CIO allows pre-election review where the challenger alleges that the proposed measure is "beyond the power of the people to enact." This Note analyzes the AFL-CIO court's exercise of pre-election …

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.

Workers' Compensation—Supervisory Employees Are Immune From Tort Actions, Hank Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

New Directions In Worker Participation And Collective Bargaining, Robert B. Moberly

West Virginia Law Review

No abstract provided.

Comparable Worth And The Presumption Of Equality: What Does Justice Require, Nancy Matthews

West Virginia Law Review

No abstract provided.

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings. …

Keep Your Eyes On Eeoc, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Affirmative Action Has Received Bum Rap, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Allocation Of Time And Human Energy And Its Effects On Productivity, Joni Hersch

Vanderbilt Law School Faculty Publications

The supply of effort on the job has been virtually ignored as a component of the effective supply of labour. Typically, labour supply models assume the worker chooses the utility-maximizing number of hours to supply on the job as a function of a fixed wage rate which is independent of the worker's effort. This paper generalizes the worker's choice problem to include the situation in which the worker's income depends on effort exerted on the job as well as time spent on the job.

A Proposal To End Nlrb Deferral To The Arbitration Process, Cornelius J. Peck

Washington Law Review

In January 1984 the NLRB, reconstituted by President Reagan's appointees, announced significant changes in the Board's policies concerning deferral to the arbitration processes established by employers and unions in their collective bargaining agreements. The new policies are redolent with the politics of a changed administration rather than expertise in labor relations. The changes continue the Board's uncertain treatment of the relationship between its jurisdiction to prevent unfair labor practices and arbitrators' decisions concerning collective bargaining agreements. The newly announced policies are consistent with the conviction that the federal government should sharply reduce its regulatory activities, transferring its previous responsibilities to …

Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel

Indiana Law Journal

No abstract provided.

Connick V. Myers: New Restrictions On The Free Speech Rights Of Government Employees, Peter C. Mccabe Iii

Indiana Law Journal

No abstract provided.

Intentional Infliction Of Emotional Distress In The Employment At Will Setting: Limiting The Employer's Manner Of Discharge, James F. Bleeke

Indiana Law Journal

No abstract provided.

Naacp V. Detroit Police Officers Association - The Demarcation Of Title Vii And The Fourteenth Amendment In Employment Discrimination, Michael L. King

North Carolina Central Law Review

No abstract provided.

The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan

University of Michigan Journal of Law Reform

Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …

Punitive Damages For Wrongful Discharge Of At Will Employees, Jane P. Mallor

William & Mary Law Review

No abstract provided.

Fair Representation As Equal Protection, Michael C. Harper, Ira C. Lupu

Faculty Scholarship

In this Article, Professors Harper and Lupu argue that a model of "principled democracy" can systematize the now-disjointed body of labor law that imposes upon labor unions a duty of fair representation (DFR). The authors derive the framework for this model from the normative principle at the core of equal protection theory - that decisionmakers must accord "equal respect" to all within their jurisdiction. To transform equal protection doctrine into standards for the DFR, the authors strip away the institutional components of equal protection doctrine that are appropriate for judicial review of decisions made by public officials but inapplicable to …

Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Iv. Employment And Labor Law

Washington and Lee Law Review

No abstract provided.

Internal Revenue Code Section 414(N): Congressional Authorization To Discriminate Among Retirement Plan Participants, David A. Channer

BYU Law Review

No abstract provided.

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Supplementary Award relating to remedies for unjust discharge. Reinstatement ordered.

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Formulation Of The Comprehensive Employment And Training Act Of 1973, Gary G. Skalangya

Dissertations and Theses

This thesis was intended to delineate the factors contributing to the formulation of the Comprehensive Employment and Training Act (CETA) of 1973--a unique attempt at overhauling federal employment and training policy as well as one of the early efforts at devolving control over grants-in-aid to the subnational level.

Information was obtained from the literature on this policy area, plus documentary sources; such as records of Congressional hearings. From this information, an analytical framework was developed, in which factors contributing to the formulation were classified as; contextual, ideological and those in the form of actors' objectives.

It was found that CETA …

A Dialogue On Comparable Worth, Michigan Law Review

Michigan Law Review

A Review of A Dialogue on Comparable Worth by Michael Evan Gold

Remade In Japan, Jennifer Friesen

Michigan Law Review

A Review of Japan's Reshaping of American Labor Law by William B. Gould