Labor and Employment Law Commons^™

[Report To Congress On Behalf Of The Eeoc], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

[Brief Outline Of Comments On Affirmative Action Before The National Urban League Convention], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Will The Emphasis In Civil Rights In The 1980'S Shift From The Opportunity Side To The Employment Side?, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Report To The Directors, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Labor, Richard R. Boisseau, David C. Palmer

Mercer Law Review

No abstract provided.

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss

Indiana Law Journal

No abstract provided.

Employment Discrimination, Susan A. Cahoon

Mercer Law Review

During 1980, the Fifth Circuit again had a full docket of employment discrimination cases. For the most part, the cases tended to turn on the particular facts at issue, and there were few pronouncements by the court of broader significance. An en banc court did decide an important question about limiting communications in class actions, and a panel of the court considered for the first time, whether there is an implied private cause of action to sue for discrimination against the handicapped under Section 503 of the Rehabilitation Act of 1973. The Fifth Circuit also continued to follow a unique …

Garcia V. Gloor: Mutable Characteristics Rationale Extended To National Origin Discrimination, Dwight J. Davis

Mercer Law Review

In Garcia v. Gloor, the Fifth Circuit Court of Appeals upheld a district court ruling that an employer's policy requiring employees to speak only English while at work did not violate the Civil Rights Act of 1964 prohibition against national origin discrimination. In so ruling, the court extended the mutable-immutable characteristics rationale that the Fifth Circuit first outlined in Willingham v. Macon Telegraph Publishing Co.

Youth Unemployment: A National Epidemic, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Andres Wines (Bc) Ltd And United Brewery Workers, Local 300, Innis Christie

Innis Christie Collection

Employee Grievance relating to long-term disability payments.

At the outset of the hearing counsel agreed that I am properly seised of this matter and could proceed as a single arbitrator notwithstanding the fact that art. IX, s. 4, Step 4 of the collective agreement calls for an arbitration board. It was agreed that any objection to a failure to comply with the requirements of the collective agreement in respect of my selection and proceeding as a single arbitrator would be waived.

Re York Farms Ltd, Sardis And Canadian Food And Allied Workers, Local P430, Innis Christie, J Wells, A Hamilton

Innis Christie Collection

Employee Grievance alleging unjust suspension.

Counsel agreed at the outset of the hearing that the board was properly constituted and seised of this matter. It was also agreed by counsel that management would not introduce evidence of the grievor's work record on the understanding that if the board concluded that there was just cause for any discipline there would be no reduction in the three-day suspension.

Re Utah Mines Ltd And International Union Of Operating Engineers, Local 115, Innis Christie

Innis Christie Collection

Employee Grievance relating to holiday pay.

The parties agreed that at all relevant times the grievor, Daniel Richard, was a warehouseman — first aid man, working in the warehouse operation. His birthday fell on September 2, 1980. He started work on August 9, 1979. In that year Labour Day fell on September 2nd and he worked on Labour Day so that in accordance with the collective agreement the following day, September 3rd, was considered to be his birthday holiday. He worked that day as well. On September 3, 1979, the grievor was scheduled to work and did work on the …

Recent Developments In Employment Anti-Discrimination Laws, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Re Burrard Yarrows Corporation, Vancouver Division, And International Brotherhood Of Painters, Local 138, Innis Christie, C Mcintosh, W Yule

Innis Christie Collection

Union Grievance alleging improper contracting out.

The union which is the grievor here is one of 11 unions signatory to the collective agreement with Burrard Yarrows Corporation — Vancouver Division. As an industrial collective agreement this poly-party agreement is somewhat unusual in that it provides for a form of closed shop union security with a role for the union hiring hall. At the same time it makes provision for seniority.

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.

Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk

West Virginia Law Review

No abstract provided.

Accidents: Causation And Responsibility In Law, A Focus On Coal Mining, J. Davitt Mcateer

West Virginia Law Review

No abstract provided.

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.

Safety In The United Kingdom's Deep Coal Mines, John L. Collinson

West Virginia Law Review

No abstract provided.

Independent Contractor Safety In The Mines: A Review And Analysis Of Regulatory History With Proposals For Change, Diane C. Chernoff

West Virginia Law Review

No abstract provided.

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …

Aging And Employment Discrimination, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Asian/Pacific American Week, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Wright Line: The Nlrb Adopts The Mt. Healthy Test For Dual Motive Discharge Cases Under The Lmra, Raymond C. Mayer

Mercer Law Review

In Wright Line, the National Labor Relations Board (Board) abandoned its standard causation test for mixed motive or dual motive discharge cases arising under sections 8(a)(1) or 8(a)(3) of the Labor-Management Relations Act' (Act) and adopted in its stead the test enunciated by the Supreme Court in Mt. Healthy City School District Board of Education v. Doyle. In so doing, the Board wrote an elaborate opinion explaining the development of the conflicting tests applied by the Board and the federal courts of appeals, the Mt. Healthy test, and the applicability of that test to section 8(a)(3) cases.

Wright …

One Step Forward And Two Steps Back: The Shopping Kart - General Knit Dance, Duane C. Aldrich, Richard R. Carlson

Mercer Law Review

In the space of less than two years, the National Labor Relation Board's Shopping Kart Food Market, Inc. experiment was born and laid to rest in a drama of zealous forensics worthy of the union representation campaigns that Shopping Kart sought to deregulate. Shopping Kart, which would have radically curtailed Board review of the truthfulness of union and employer representation campaign propaganda, was disavowed by a new Board majority in General Knit, Inc., with the result that the Board's pre-Shopping Kart policy of scrutiny of campaign propaganda was substantially, if not completely, restored. Although Shopping Kart may …

Nlrb V. Yeshiva University: The Demise Of Academic Collective Bargaining?, Keith Denslow

Mercer Law Review

Although the National Labor Relations Act was enacted into federal law in 1935, the National Labor Relations Board did not extend the Act to cover employees of private, nonprofit universities and colleges until 1970. Shortly thereafter, in a separate but not unrelated decision, the Supreme Court decided NLRB v. Bell Aerospace Co., in which it held that all managerial employees are ineligible for coverage under the Act. Unknown to either the Court or the Board, the Bell decision placed in jeopardy the earlier Board decision to extend jurisdiction over university employees. A clash between the two decisions seemed inevitable …

Carbon Fuel: An End To The "Best Efforts" Duty By International Unions To Get Wildcat Strikers Back To Work?, Janne Castleberry

Mercer Law Review

The United States Supreme Court in Carbon Fuel Co. v. United Mine Workers held that an international union or its regional subdivision cannot be held liable to an employer for damages resulting from a "wildcat strike"' because it failed to use its best efforts to bring about an end to the unauthorized work stoppage. This holding reflects an effort by the Court to resolve the long standing conflict among the circuits on this issue.

Plaintiff, a coal mine owner and operator, originally brought suit against three local unions of the United Mine Workers of America (UMWA), UMWA District 17 and …