Labor and Employment Law Commons^™

Discharge Of Supervisors Held Lawful Regardless Of Intended Effect On Employee Rights: Parker-Robb Overrules Pattern Of Conduct Theory, Daniel J. Venuti

Buffalo Law Review

No abstract provided.

The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben

Scholarly Works

Two decades after the once fiery debate about the meaning of "discrimination" in employment under Title VII of the Civil Rights Act of 1964, the issue has recently been rekindled. In simplest form, the question is whether the type of discrimination statutorily prohibited is only purposeful exclusions, or whether it includes unintended exclusions caused by tests or requirements that disproportionately affect a group defined by race, sex, or ethnicity. The Supreme Court's decision in Griggs v. Duke Power Co. resolved the question in one major area, thus causing the issue to lie dormant since 1971. Griggs held that liability under …

Nlrb Treatment Of Personnel Under The Nlra

Washington and Lee Law Review

No abstract provided.

United States Employment Taxation Of German Nationals Working In The United States, John L. Gornall, Jr., Kevin Conboy

Vanderbilt Journal of Transnational Law

This Article begins with a discussion of the general application of FICA, SECA, and FUTA to nonresident aliens. Knowledge of the ordinary United States employment taxation scheme is necessary for an understanding of how the totalization agreement works.

The second part of this Article explains how totalization agreements between the United States and certain foreign countries--including the Federal Republic of Germany--have altered the United States employment taxation of nonresident aliens. These agreements generally provide the following: (1) the foreign worker and employer may pay taxes and receive benefits from either the home country or the temporary host country, but in …

The Impact Of The New National Labor Policy On Public Sector Bargaining: The Unfinished Agenda, Arvid Anderson

Hofstra Labor & Employment Law Journal

No abstract provided.

Is There A New National Labor Policy? The Nlrb And The Courts - Views Of A Neutral, Edith Baum

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The 1980'S - Comments And Observations In The 1980'S - Comments And Observations, Harry Huge, Layne Carlough Mccarthy

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The 80'S: A Prospective Analysis, Stephen E. Tallent, Burton J. Fishman

Hofstra Labor & Employment Law Journal

No abstract provided.

The Impact Of Regulatory Reform On Labor Law: Redressing The Historical Balance, Malcolm R. Lovell Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

The Origins And Impact Of Deregulation , Wilbur Daniels

Hofstra Labor & Employment Law Journal

No abstract provided.

The Impact On Public Sector Collective Bargaining , R. Theodore Clark Jr.

Hofstra Labor & Employment Law Journal

No abstract provided.

Subcontracting Agreements In The Construction Industry: Woelke & Romero "Frames" Connell, Jan Stiglitz

Hofstra Labor & Employment Law Journal

No abstract provided.

At-Will Employment: A Proposal For Its Statutory Regulation, Kurt H. Decker

Hofstra Labor & Employment Law Journal

No abstract provided.

The Effect Of The Multiemployer Pension Plan Amendments Act's Withdrawal Liability Rules On Collective Bargaining Relationships And Pension Administration, Carolyn Diane Gentile

Hofstra Labor & Employment Law Journal

No abstract provided.

Collective Bargaining In The Reagan Era: A Management Perspective, William C. Zifchak

Hofstra Labor & Employment Law Journal

No abstract provided.

Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 "is a broad remedial measure designed 'to assure equality of employment opportunities.'" The Su- preme Court, in the seminal Title VII employment discrimination case, Griggs v. Duke Power Co.,s stated that "[t]he objective of Congress in the enactment of Title VII ...was to achieve equality of employment oppor- tunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees."" The Griggs decision has provided the basic framework for analyzing employment dis- crimination cases. The Court held that any employment practices, proce- …

Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky

Vanderbilt Journal of Transnational Law

This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.

Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …

Book Reviews, Horace B. Robertson, Jr., W. David Slawson

Vanderbilt Journal of Transnational Law

The New Nationalism and the Use of Common Spaces: Issues in Marine Pollution and the Exploitation of Antarctica Edited by J. Charney Totowa, New Jersey: Allenheld Osmun, 1982.Pp. ix, 343.

Reviewed by Horace B. Robertson, Jr.

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Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.

Reviewed by W. David Slawson

Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard

Articles & Chapters

In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union,' the Supreme Court held that a labor-management grievance dispute which arose after the expiration of a collective bargaining agreement might, under certain circumstances, be compulsorily arbitrable even though no successor agreement providing for arbitration had been entered into by the parties.2 In so holding, however, the Supreme Court was imprecise in articulating the factors underlying its determination,3 leaving to the lower courts and the National Labor Relations Board (Board) the considerable task of adopting the broadly phrased Nolde rationale-a presumption of continuing arbitrability- to differing situations where …

Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell

University of Richmond Law Review

In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.

Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette

University of Richmond Law Review

In Virginia, as elsewhere, employees are increasingly challenging the employer's decision to terminate the employment relationship. Consequently, the employer's time and resources are diverted from the operation of business to the defense of employee lawsuits. The probability and'risk of such litigation can be minimized if the employer, advised by his counsel, structures his employment con- tracts and relationships with an awareness of the legal consequences of his actions.

Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian

University of Richmond Law Review

Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …

The Polygraph In The Workplace, David E. Nagle

University of Richmond Law Review

The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.

Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney

Seattle University Law Review

This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.

Union Liability In Fair Representation Suits, Robert L. Jones Jr.

Journal Articles

In 1976 Charles V. Bowen, a United States Postal Service employee requested that his union, the American Postal Workers initiate arbitration proceedings to prevent his employer from firing him over an alleged altercation with another employee. After the union refused Bowen sued both the Service for firing him and American Postal Workers for breaching its duty of fair representation. The case reached the U.S. Supreme Court, which held that a union that fails to properly represent an employee illegally fired from his job is liable for a portion of his lost wages. The Bowen decision poses a serious threat to …

Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld

Vanderbilt Journal of Transnational Law

U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.

Reviewed by David M. Helfeld

Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.

Reviewed by Robert N. Covington

Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.

Reviewed by Howard J. Taubenfeld

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

FORCED ENTRY OF THE SINGLE CABIN OF A 27-FOOT SAILING SLOOP TO CONDUCT A DOCUMENT AND SAFETY INSPECTION Is NOT AN UNREASONABLE SEARCH--United States v. Thompson, 710 F.2d 1500(11th Cir. 1983).

EXCLUDABLE ALIENS HAVE A CONSTITUTIONAL RIGHT TO A HEARING AFTER THE INITIAL PERIOD OF DETENTION--Fernandez-Roque v. Smith, 567 F. Supp. 1115 (N.D. Ga. 1983).

EXCLUSIONARY RULE BARs USE IN DEPORTATION PROCEEDINGS OF EVIDENCE OBTAINED BY INS OFFICERS IN VIOLATION OF THE FOURTH AMENDMENT--Lopez-Mendoza v. Immigration and Naturalization Service, 705 F.2d 1059 (9th Cir. 1983) (en banc).

LABOR UNION HAS STANDING TO MAINTAIN ACTION FOR VIOLATION OF DUE PROCESS RIGHTS …

Back To Square One: Estoppel Against The Government After Immigration And Naturalization Service V. Miranda, Gerald J. Pels

Vanderbilt Journal of Transnational Law

In this nation of immigrants, few matters of public policy arouse more intense or divisive public debate than the subject of change in our immigration and naturalization laws. Presently, our system of immigration laws, which is grounded upon antiquated procedure, is being tested by new problems. For example, the increase in political asylum cases and the influx of aliens from the third world have posed new challenges for these outdated procedures. The 97th Congress considered adopting the Simpson-Mazzoli bill in 1982 to alleviate the problems.

The Senate passed the Simpson-Mazzoli bill on August 17,1982, but the House did not act …

Glass V. Stahl Specialty Company: Reconciling Third Party's Contribution Rights With Employer's Immunity Under Workers' Compensation, Karin Nyrop

Seattle University Law Review

This note argues that the correct resolution of the tension between the employer’s immunity and the third party’s right of contribution requires balancing the interests of all parties. The employer has an interest in retaining the workers’ compensation law’s exclusive no-fault recovery system; the third party tortfeasor seeks to avoid shouldering the entire liability of another at-fault tortfeasor capable of contribution. At the same time, the employee has a right to full and speedy compensation, and the state has an interest in maintaining the financial stability of its accident fund. This note explores the policies and legal arguments supporting the …

Labor Law - Employer Violates Sections 8(A)(3) Of Nlra If Employee Would Not Have Been Discharged But For Union Activity - Burden Of Persuasion Remains With Employee, Diane Madenci

Villanova Law Review (1956 - )

No abstract provided.