Labor and Employment Law Commons^™

Employee Protests Over Supervisory Changes: The Nlrb Versus The Circuit Courts, Andrew Gage Nichols

Mercer Law Review

The protection afforded workers by the National Labor Relations Act (NLRA) extends only to that class of workers defined by the Act as employees.' The term employee as defined by the Act specifically excludes "any individual employed as a supervisor." The Act defines a supervisor as:

any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not …

Safeco And Secondary Product Picketing, Joseph F. Kinman Jr.

Mercer Law Review

In NLRB v. Retail Store Employees Local 1001 (Safeco), the Supreme Court held that primary product picketing at a neutral secondary retailer's place of business that can be reasonably expected to threaten the neutral party with ruin or substantial loss is prohibited by section 8(b)(4)(i,ii)(B) of the National Labor Relations Act (NLRA).

Safeco Title Insurance Company (Safeco) is a California corporation engaged in the operation of a title insurance company in Seattle, Washington. Safeco employees were represented in the collective bargaining process by the Retail Store Employees Union Local 1001, Retail Clerks International Association, AFL-CIO. Negotiations between Safeco and the …

Kaynard V. Palby Lingerie, Inc.: The Second Circuit Reveals A Bargaining Order With A Surprising Shape, Paul Antonio Quirós

Mercer Law Review

In Kaynard v. Palby Lingerie, Inc., the Second Circuit Court of Appeals held that an interim bargaining order could be granted in the district court's discretion when there is a showing of a "substantial basis" to make a unit determination even though the unit of workers that desire union representation has not been finally determined. Palby is the first case in which a circuit court has ever granted an interim bargaining order under section 10(j) of the Labor Management Relations (Taft-Hartley) Act in the absence of a final unit determination.

Palby Lingerie is the sales end of a four …

The Michelin Amendment In Context, Brian Langille

Dalhousie Law Journal

On Friday, December 28, 1979 an Act to Amend Chapter 19 of the Nova Scotia Acts of 1972, The Trade Union Act, received Royal assent. This piece of legislation is commonly (and much more conveniently) referred to as the Michelin Bill, the Michelin Act or the Michelin Amendment.' Its namesake is Michelin Tires (Canada) Limited, the Canadian subsidiary of the large French multinational radial tire manufacturer. It must, and indeed it should, seem odd that a bill amending in general terms an act of general application (the Trade Union Act of Nova Scotia)2 should bear the name of a manufacturing …

The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams

BYU Law Review

No abstract provided.

Re Pacific Western Airlines Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discipline.

In issue here is the requirement in the company's deportment and grooming rules that its male traffic agents and ramp service agents I wear only black belts and that its traffic agents, both male and female, wear only black shoes. Specifically, the relevant provisions of the company's "Passenger Services Manual" provide for all relevant categories of employee: "Belt — black, individual's choice of supplier"; for male traffic agents: "Shoes — black, leather, conservative styling. Individual's choice of supplier. No platform. Heel must not exceed 5 cms. with a preferred sole of 1 cm.", and for …

Re Board Of School Trustees, School District No 70 (Alberni) And Canadian Union Of Public Employees, Local 727, Innis Christie, M Mearns, S Tzogeoff

Innis Christie Collection

Union Grievance relating to employment of part-time employees.

This arbitration arises out of the implementation by the employer of "Program Chance", the thrust of which is explained in the following excerpts from a schools department circular dated April 21, 1980:

The Eeoc Today - An Update For The 1980'S: "A New Creativity", J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Testimony 0n Sexual Harassment In The Workplace], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

[Welcome Address], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

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

Selected Speeches

No abstract provided.

Government Regulation Of Coal Mine Health And Safety, Jean Doerr

In the Public Interest

No abstract provided.

The Public Interest Versus Freedom Of Contract: The Expanding Public Policy Exception To The Terminable At-Will Employment Rule, Ed Northwood

In the Public Interest

No abstract provided.

Picketing At The Secondary: Retail Store And The Right To Publicize, Edward N. Rogalin

Buffalo Law Review

No abstract provided.

Implementation Of Economic Impact Analysis: The Lessons Of Osha, Barry Roberts, Regina Kossek

West Virginia Law Review

Recently, a plethora of concern has surfaced regarding the large and rapidly increasing costs of government regulation and its impact upon the economy and the free market system. Much of this displeasure has focused on a seemingly ideal target-The Occupational Safety and Health Administration (OSHA). OSHA was established in 1970 amidst widespread optimism that it would greatly enhance the employee work environment. This hope, however, was premature; in fact, many commentators argue that, in the ten years since its creation, OSHA has done little to further its objective of improving safety and health in the workplace, despite the large compliance …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Case For Quick Relief: Use Of Section 10(J) Of The Labor-Management Relations Act In Discriminatory Discharge Cases, Randal L. Gainer

Indiana Law Journal

No abstract provided.

Workers In Industrial America, Essays On The Twentieth Century Struggle, Ralph Barnhart

University of Arkansas at Little Rock Law Review

No abstract provided.

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Outline For The Age Discrimination And Employment Act And Eeoc Guidelines On Sexual Harassment, John D. Schmelzer

Selected Speeches

No abstract provided.

The Eeoc Today - An Update For The 1980'S: A New Creativity, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Constitutionality Of Labor Unions' Collection And Use Of Forced Dues For Non-Bargaining Purposes, Hugh L. Reilly

Mercer Law Review

In 1977, the Supreme Court considered whether the first amendment prevents or limits forced union dues in the public sector. The issue arose in Abood v. Detroit Board of Education. The Court's decision resolved several important issues, some unexpectedly, and left others for subsequent litigation. The Court rejected the claim that forced dues for public sector employees are per se unconstitutional. Instead, the Court determined that such fees are constitutional, but only to the extent that they defray the union's cost of "collective bargaining, contract administration, and grievance adjustment." In the Court's view, a fee confined to the cost …

Section 8(C) Of The National Labor Relations Act: Giving It Meaning, Robert J. Berghel, David J. Dempsey

Mercer Law Review

Section 8(c)1 of the National Labor Relations Act provides that an employer's communication with its employees "shall not constitute or be evidence of an unfair labor practice as long as the communications do not contain threats of reprisals, threats of force, or promises of benefits. In a long series of cases, the National Labor Relations Board has undermined the express language of Section 8(c) and the intent of Congress, both in the substantive content of its decisions and in the manner in which it has rendered those decisions.

A Survey: Nlrb Limits On Appeals To Racial Prejudices Of Employees, John P. Campbell

Mercer Law Review

Appeals by an employer to the racial prejudices of its employees may be an unfair labor practice in violation of section 8(a)(1)1 of the National Labor Relations Act (Act). This section makes it unlawful for an employer "to interfere with, restrain, or coerce" employees in the exercise of their rights, under section 7' of the Act, "to form, join, or assist labor organizations," or to refrain from doing so. Racial appeals by either an employer or a union may also be grounds for setting aside an election conducted by the National Labor Relations Board (Board) if, as determined according to …

Newspaper Guild V. Nlrb: The Duty To Bargain And The Press, Emmitte Hamilton Griggs

Mercer Law Review

In Newspaper Guild v. NLRB, the Court of Appeals for the District of Columbia Circuit held that collective bargaining was not mandatory on all aspects of a newspaper's Ethics Code and Office Rules. The court also held that the penalty provisions attached to these rules could not be separated from the substantive provisions that they were designed to enforce: both were either mandatorily bargainable or they were not. This decision is the most recent one reported that considers the applicability of the National Labor Relations Act' (NLRA) to a newspaper in light of the newspaper's assertion of its first …

The "Squeaky Wheel" Employee: To Grease Or To Replace And The Costs Of Each, Charles A. Edwards, Lovic A. Brooks Iii

Mercer Law Review

[T]he Board seems unable to recognize that as a matter of business judgment there can be only one course open to management when an employee persists in giving it the finger.

Judge Aldrich's comments are, it seems, all too often ignored by the agencies entrusted with the enforcement of federal statutes affecting free speech in the workplace-the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA) and the Wage-Hour Division, United States Department of Labor. This article will examine the validity of the premise discussed by Judge Aldrich in view of …

Nlrb Campaign Laboratory Conditions Doctrine And Free Speech Revisited, James W. Wimberly Jr., Martin H. Steckel

Mercer Law Review

The subject of free speech in union organizing campaigns has generated a great deal of discussion and comment over the years. This subject is naturally popular because of the intensity of a union organizing campaign, the importance of the subject to industry and organized labor, the evolution of constitutional and statutory doctrines applicable to free speech, and the shifts in opinion by commentators and the public over how such matters should be handled. This article will make no attempt to summarize or analyze what has already been said on the subject. Instead, this article will examine one aspect of National …

The Threat Or The Announcement Of Plant Closure?, H. Thomas Arthur

Mercer Law Review

The limits on an employer's free speech rights during a union representation campaign were established by the Supreme Court in NLRB v. Gissel Packing Co. But the proper interpretation of Gissel first requires an understanding of the limitations on employers' property rights set out by the Court in Textile Workers Union v. Darlington Manufacturing Co. A proper understanding of Darlington leads to the conclusion that the National Labor Relations Board (Board) and the circuit courts have been incorrectly applying the limits on an employer's first amendment right of free speech. The effect of the misapplication in the context …