Labor and Employment Law Commons^™

Sexual Harassment And The Employer-Employee Relationship, Alayne B. Adams

West Virginia Law Review

No abstract provided.

[Introductory Remarks Of Comnissioner J. Clay Smith, Jr. At Swearing-In Ceremony Of Clarence Thomas As Chairman Of The Equal Employment Opportunity Commission], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review

Michigan Law Review

This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …

Back Pay In Employment Discrimination Cases, James L. Hughes, David R. Jennings, Charles D. Maguire, Jr., Betsy G. Shain, Jay L. Tobin, Jay F. Whittle, Jr.

Vanderbilt Law Review

This Special Project examines the back pay decisions and analyzes the problems that have confronted the courts dealing with this remedy for employment discrimination in the context of Title VII and section 1981. Because of the enormity of the issues that have arisen in Stage I of the proceedings, however, and the extensive coverage given those problems by the courts and commentators, the Special Project will deal only with the recovery stage, or Stage II, of the litigation. Consequently, the reader should assume that liability for employment discrimination has already been established in each of the cases discussed below. Before …

Ofccp And Affirmative Action, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.

Labor Relations—Flsa Action Not Barred By Prior Arbitration, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.

Job Security, Managerial Prerogatives, And First National Maintenance, W. R. Gradl

Buffalo Law Review

No abstract provided.

Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger

University of Michigan Journal of Law Reform

This Note advocates the use of legal incentives for adopting nonpreferential alternatives to seniority-based layoffs. Part I analyzes the impact of bona fide seniority systems on recently hired minorities and women. Part II discusses existing legal incentives for unions and employers to seek alternatives to strict seniority layoffs and for courts to enjoin such layoffs, thereby forcing the parties to negotiate over alternatives. Finally, part III examines two kinds of potential alternatives: racially preferential alternatives, which are prohibited under Title VII, and nonpreferential options, which are permissible and should be used increasingly.

Ploughshares Into Swords From Buffalo Forge?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan

Dalhousie Law Journal

Canadian academic employment relationships can be said to fall into three categories: 1) The traditional "contract-statute" relationship 2) The collective bargaining relationship, and 3) The "special plan" relationship.1 What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.

X. Labor Law

Washington and Lee Law Review

No abstract provided.

Regulating America, Regulating Sweden: A Comparative Study Of Occupational Safety And Health Policy, Michigan Law Review

Michigan Law Review

A Review of Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy by Steven Kelman

The Enforceability Of Prehire Agreements, Douglas B. Habig

William & Mary Law Review

No abstract provided.

[Before The Subcommittee On Justice, State, Commerce And The Judiciary And Related Agencies Of The House Committee On Appropriations], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Final Remarks Of J. Clay Smith, Jr. At His Last Commission Meeting As Acting Chairman Of The Eeoc], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

First Conference On Compliance In The Federal Sector, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Campbellton (City Of) And Canadian Union Of Public Employees, Local 76, Innis Christie, H Harvey, D Cochrane

Innis Christie Collection

We are concerned in this interim award with the legal questions of whether this board of arbitration is properly constituted and whether we have jurisdiction to deal with the grievances before us. At this stage we are not concerned with whether or not the dismissal of the grievors by the employer was just and reasonable. Indeed, we do not have before us evidence of the facts on the basis of which any decision on that ultimately important issue will have to be made. The only facts which concern us now are those which are necessary for the legal decision we …

A Comparison Of The American Sherman Antitrust Act And The British Restrictive Trade Practices Act: The Trade Association Experience (With J. Lawniczak), Martin H. Malin

All Faculty Scholarship

No abstract provided.

The Vital Need For A National Employment Policy And Young Americans: An Urgent Call For Focus And Action, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Report To Eeoc Field Directors], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Reports, Awards, And Opinions 1982-2, 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 New York Telephone Company, International Ladies’ Garment Workers’ Union, and The Hertz Corporation, among others.

Reports, Awards, And Opinions 1982-1, 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 Boston Edison Company, and General Dynamics Corporation, Electric Boat Division, among others.

Mandatory Retirement And The Constitution: Challenging The Factual Basis Underlying Legislative Classifications, Vernon Townes Grizzard

Florida State University Law Review

No abstract provided.

Labor Law - National Labor Relations Act - Duty To Bargain Over Partial Closings, Carol A. Behers

Duquesne Law Review

The United States Supreme Court had held that although an employer who terminated a contract with one of its commercial customers purely for economic reasons was required to bargain with the union about the effects of its decision, there was no duty to bargain with the union about the decision itself.

First National Maintenance Corp. v. National Labor Relations Board, 452 U.S. 666 (1981)

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Maryland Law Review

No abstract provided.

Employee Termination At Will: A Principled Approach, Ellen Rust Peirce, Richard A. Mann, Barry S. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Past Premises, Present Failures, And Future Needs In Labor Legislation, Clyde Summers

Buffalo Law Review

No abstract provided.