National Labor Relations Act: The Roles Of The Nlrb And The Courts Of Appeals After Pullman-Standard In Determining Employer Motivation In Section 8 (A)(3) Dual Motive Cases, William E. Anderson

Vanderbilt Law Review

This Note advocates use of the Pullman-Standard Title VII model to define the proper roles of the Board and the courts of appeals in determining discriminatory intent in section 8 (a)(3) dual motive cases. Part II of this Note discusses the current confusion concerning the amount of discretion a court of appeals owes the Board's finding of discriminatory intent in dual motive cases. Part II also traces the Supreme Court's failure to define clearly the proper roles of the Board and the courts of appeals in finding discriminatory intent, the confusion this failure has caused, and the Board's unsuccessful attempt …

Minimizing The Impact Of Withdrawal Liability Under The Multiemployer Pension Plan Amendments Act Of 1980, Bruce Gabler

West Virginia Law Review

No abstract provided.

Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell

West Virginia Law Review

No abstract provided.

Grievance Mediation: A Step Towards Peace In The Bituminous Coal Industry, Stephen B. Goldberg

West Virginia Law Review

No abstract provided.

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

Suits To Bind Nonsignatories To Collective Bargaining Agreements Under Section 301: The Emerging Federal Common Law, David A. Anderson

BYU Law Review

No abstract provided.

Arbitration Of Representational Issues: A Critique Of Carey, David G. Mangum

BYU Law Review

No abstract provided.

Re Government Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging improper denial of leave of absence for union business. Grievance allowed.

In late August of 1982 the grievor, Jane Cainey, a pay-roll clerk in the Department of Finance, applied through the union office for leave without pay from September 28, 1982 to October 1, 1982 inclusive, to attend the annual convention of the Nova Scotia Federation of Labour.

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.

Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe

West Virginia Law Review

No abstract provided.

Employment, Deborah Mchenry Woodburn

West Virginia Law Review

No abstract provided.

Labor Relations In Maine 1971-1982, Bureau Of Labor Standards

Maine Collection

Labor Relations in Maine 1971-1982

Prepared by the Bureau of Labor Standards, Research & Statistics Division,

William A. Peabody, Director, April, 1983.

Contents: Authorization / Introduction / Narratives / Tables / Appendices

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dalhousie Law Journal

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept. - Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981 In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …

The Deductibility Of Daily Transportation Expenses To And From Distant Temporary Work Sites, Michael D. Rose

Vanderbilt Law Review

In the Article Professor Rose addresses the uncertainty that has characterized judicial application of Internal Revenue Code provisions to daily transportation expenses to and from distant temporary work sites. Although the Internal Revenue Code disallows deductions for commuting expenses to and from work, transportation expenses between work sites are deductible. The courts have had some difficulty applying these principles to distant temporary work sites. Professor Rose argues that the United States Tax Court in Turner v. Commissioner has fomented much of this confusion. Although the court reached the correct determination on the facts, its rationale is flawed. According to Professor …

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …

Re The University Of British Columbia And Kane, Innis Christie, Peter Burns, Roland Gray

Innis Christie Collection

The Agreement on Conditions of Appointment for Faculty between The University of British Columbia and the Faculty Association of The University of British Columbia dated May 1, 1980 provides that where a faculty member is advised in writing by the President that he is to be terminated the faculty member may request that a Hearing Committee be constituted. We were constituted as a Hearing Committee in accordance with Article 10.02(f) of the Conditions of Appointment after the President advised Dr. Julius Kane that he proposed to terminate his appointment at The University of British Columbia.

Book Note Of A Primer Of American Labor Law, Roger I. Abrams

Journal of Legal Education

No abstract provided.

Xi. Labor Law

Washington and Lee Law Review

No abstract provided.

Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii

St. Mary's Law Journal

Abstract forthcoming.

Right To Sue Under Section 4 Of The Clayton Act - The Employee Deischarged For Regusal To Participate In The Anitcompetivie Practices Of His Employer: Bichan V. Chemetron Corp. Examined In Light Of Blue Shield V. Mcready, Ralph N. Bryson

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

Preliminary Issue relating to arbitrability of judicial inquiry report. Report admissible.

Employee grievances alleging discriminatory demotion and discharge without reasonable cause contrary to art. 2.01 of the collective agreement between the parties in force from January 1, 1977 until December 31, 1977. Grievor seeks reinstatement to his former position without loss of salary, seniority or benefits and to have the alleged incident stricken from his record.

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

All Faculty Scholarship

No abstract provided.

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii

William & Mary Law Review

No abstract provided.

Re Island Telephone Co Ltd And International Brotherhood Of Electrical Workers, Local 1030, Innis Christie

Innis Christie Collection

Employee Grievance alleging improper denial of promotion. Grievance dismissed.

The parties agreed at the outset of the hearing in this matter that I was properly appointed under the collective agreement and that any time-limits were waived. There were no jurisdictional objections. Since the grievor here seeks the assignment to him of a job which he alleges was improperly awarded to another employee it must be noted that that other employee, Rodney MacLean, was advised of these proceedings by the company and chose not to attend or be represented individually.

Reports, Awards, And Opinions 1983-1, 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 Bell Telephone Company of Pennsylvania, and Adelphi University, among others.

Reports, Awards, And Opinions 1983-3, 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 Greater New York Health Care Facilities Association and Hamilton Reproductions, Incorporated, among others.

Workers Compensation: The Historical Compromise Revisited, Dianne Pothier

Dianne Pothier Collection

This committee, after our study, declares that our present system of workers' compensation legislation is still fundamentally sound in concept.

- Report to the House of Assembly of the Select Committee on Workers' Compensation, May, 1981

In the last decade health and safety issues in the workplace have gained a special prominence. Across North America new initiatives have been taken in response to an old problem. One aspect subjected to re-evaluation in many jurisdictions is the statutory scheme of workers' compensation. In Nova Scotia a Select Committee of the Legislature was given the mandate to reassess this scheme, and its …

Reports, Awards, And Opinions 1983-4, 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 New York Telephone Company, Lockheed Electronics Company, Inc, and Pullman Standard Company, among others.