Labor and Employment Law Commons^™

Bowen V. United States Postal Service, ___ U.S. ___, 103 S. Ct. 588 (1983), Van Catterton

Florida State University Law Review

Labor Law-APPORTIONMENT OF DAMAGES BETWEEN EMPLOYER AND UNION-THE SUPREME COURT'S RECESSION FROM "THE GOVERNING PRINCIPLE"

Keeping Miners Out Of Work: The Cost Of Judicial Revision Of Arbitration Awards, Richard L. Trumka

West Virginia Law Review

No abstract provided.

Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun

West Virginia Law Review

No abstract provided.

Constitutional Law—Tenth Amendment Challenges To Federal Laws, Promulgated Under The Commerce Power, Which Regulate States, Gail Ponder

University of Arkansas at Little Rock Law Review

No abstract provided.

The Right To Know And The Duty To Disclose Hazard Information, Michael S. Baram

Faculty Scholarship

In late 1983, the Occupational Safety and Health Administration (OSHA) promulgated its final rule on "hazard communication." This rule establishes for many workers the right to know certain health hazard information held by their employers. Concurrently, the rule imposes on these employers the duty to disclose such privately held information. ^I

The OSHA rule is limited and late, and joins a crowded field. It follows in the wake of several decades of legal developments which have established various rights to know and duties to disclose. Since the latter part of the nineteenth century, state common law for personal injuries has …

Viii. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

X . Labor

Washington and Lee Law Review

No abstract provided.

Values And Assumptions In American Labor Law, Michigan Law Review

Michigan Law Review

A Review of Values and Assumptions in American Labor Law by James B. Atleson

Re Eastern Provincial Airways Ltd And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

The grievance before me arose out of the back-to-work proce­dures followed by the company after the settlement of the labour dispute between the parties which lasted from early January to March 10, 1983. In March the company was still involved in a dispute with its pilots so both parties understood that it would be some time before the company returned to normal operations. On March 10th, following a marathon session, the parties concluded the back-to-work agreement under which the issues before me arise.

Reports, Awards, And Opinions 1984-1, 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 Du Art Film Laboratories, General Dynamics Corporation and Allied Services Union, S.E.I.U., AFL-CIO, among others.

Reports, Awards, And Opinions 1984-2, 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 Public Service Electric and Gas Company and the Ohio Education Association Rebate System for Agency Fee Payers for the 1982-1983 Membership Year, among others.

Nonunion Employees And The Weingarten Right, Jeanine M. Jiganti

Loyola University Chicago Law Journal

No abstract provided.

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …

Breaching The Duty Of Fair Representation: The Union's Liability, 17 J. Marshall L. Rev. 415 (1984), Clayton L. Lindsey

UIC Law Review

No abstract provided.

Retailatory Discharge: A Cause Of Action Under Section 4 Of The Clayton Act, 17 J. Marshall L. Rev. 439 (1984), Michael L. Gold

UIC Law Review

No abstract provided.

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

Faculty Works

Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris: Mandate Of Manhart, Michele Grinberg

West Virginia Law Review

No abstract provided.

Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii

Faculty Publications

This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.

Polygraphs In Employment: A State Survey, Enid L. Zafran, Jeffrey R. Stickle

Cleveland State Law Review

Two types of laws govern the use of polygraphs in the employment setting: those aimed at restricting employers' use of such tests and those delineating the qualifications and conduct of polygraph examiners. This Article will survey and compare the present status of state laws relating to employer use of polygraph testing and the licensing of polygraph examiners. A brief background of the development of the polygraph is included, as well as a description of testing procedures, an assessment of test validity, and recommendations for a national uniform approach to polygraphs.

Public Sector Bargaining In A Democracy - An Assessment Of The Ohio Public Employee Collective Bargaining Law, T. Merritt Bumpass Jr., Keith A. Ashmus

Cleveland State Law Review

The purpose of this Article is to examine the Ohio Act in terms of its accommodation of the major theoretical considerations in favor of, or opposed to, public sector collective bargaining. In other words, is the Ohio Act structured so as to maximally achieve the benefits asserted to be available from collective bargaining and to avoid the costs asserted to arise from it? In order to accomplish this task, this Article will briefly summarize major provisions of the Act. An overview of some of the major arguments for and against public sector unionization will then be provided. Once this background …

Employment Discrimination - Evidentiary Standards In Employment Discrimination Suits - Department Of Correction V. Gibson, Beth Marshall

Campbell Law Review

This note will examine the burden of proof which must be borne by the employee in employment discrimination cases brought under N.C.G.S. § 126-36 and the limited future utility of N.C.G.S. § 126-36.

Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz

NYLS Journal of Human Rights

No abstract provided.

Symposium: Directions In Labor Law: Concern For The Dignity Of The Worker - Introduction, David S. Bogen

Maryland Law Review

No abstract provided.

In Re Bildisco: Rejection Of Collective Bargaining Agreements, Cheryl A. Kehoe

Loyola University Chicago Law Journal

No abstract provided.

The Scope Of Bargaining In Minnesota Public Sector Labor Relations: A Proposal For Change, Deborah A. Schmedemann

Faculty Scholarship

This article surveys and analyzes the law on the scope of bargaining under the Minnesota Public Employment Labor Relations Act (PERLA) and suggests ways to make it more certain and responsive to public policy. Part II sets out the conflicting policy considerations to be accommodated in defining the scope of bargaining. These considerations form the basis for Part Ill's criticism of the present law under PELRA and guide the recommendations for change made in Part IV.

Labor Law And Free Speech: The Curious Policy Of Limited Expression, Julius Getman

Maryland Law Review

No abstract provided.

Democracy In A One-Party State: Perspectives From Landrum-Griffin, Clyde W. Summers

Maryland Law Review

No abstract provided.

Revisionism In Labor Law, Matthew W. Finkin

Maryland Law Review

No abstract provided.

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.

Federal Statutes - Preemption - National Labor Relations Act And Employee Retirement Income Security Act Preempt State-Imposed Eligibility Requirements For Union Officials Representing Casino Employees, Andrew Bramnick

Villanova Law Review (1956 - )

No abstract provided.