Labor and Employment Law Commons^™

Sick Leave Benefits: The Nlrb Reexamines The Rights Of Disabled Employees During A Strike, W. Carter Bates

Mercer Law Review

In E.L. Wiegand Division, Emerson Electric Co., the National Labor Relations Board (Board) held that an employer may no longer require disabled employees on sick leave to disavow strike activity in order to receive employee disability benefits. The Board went on to hold, however, that once the disabled employee shows affirmative support for the strike, he runs the risk of forfeiting his right to disability benefits. In Emerson, the Board completely reexamined the rights of disabled employees in the context of a labor dispute and expressly overruled its prior decision in Southwestern Electric Power Co.

Nlrb V. Catholic Bishop: Lay Teachers Seek More Than Good Shepherd To Protect Their Rights, Laurie L. Hughes

Mercer Law Review

In NLRB v. Catholic Bishop, the Supreme Court, in a 5-4 decision, held that coverage of the National Labor Relations Act (NLRA) does not extend to lay teachers employed by church-operated schools which include both religious and secular subjects in their curriculums. As will be seen, this conclusion was reached not on traditional first amendment analysis, but instead on narrow statutory construction.

Prior to the decision in Catholic Bishop, the National Labor Relations Board (Board) had long wrestled with jurisdictional issues pertaining to nonprofit educational institutions. The 1951 decision in Trustees of Columbia University made firm the Board's …

X. Labor Law

Washington and Lee Law Review

No abstract provided.

Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Stephen B. Goldberg, Julius G. Getman, Jeanne G. Getman

Michigan Law Review

The response to the study in the academic journals was extensive, particularly in light of its multidisciplinary nature, which could be seen as calling for reviewers capable of assessing not only the labor law recommendations, but also the data collection methodology and the statistical analysis. One law review dealt with the multidisciplinary nature of the study by inviting a psychologist and a law teacher to write a joint review, and another law review published separate reviews by a lawyer, a professor of labor law, a labor economist, a professor of industrial relations, and a labor reporter and editor. Most legal …

Discharge Of Supervisors For Union-Related Activity: An Examination Of "Pattern Of Conduct" Analysis, Michael L. Dagley

Vanderbilt Law Review

Recent Board decisions such as Brothers Three Cabinets suggest that the Board has frequently contravened congressional intent by extending the protection of the Act to cover supervisors. This Note begins with an examination of the legislative history of the Taft-Hartley Amendments, focusing upon the congressional intent behind the exclusion of supervisory personnel from the protection normally afforded employees under the Act. The Note then traces the historical development of supervisory discharge law and analyzes the development of the "pattern of conduct" standard. Finally, the Note investigates the inherent analytical problems with the "pattern of conduct" standard, examines the inconsistent application …

Outline Of Eeoc Procedures Under The Adea And Equal Pay Act, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Reports, Awards, And Opinions 1981-2, 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 Southern Bell Telephone and Telegraph , New York Telephone Company, New York City Health & Hospitals Corporation, and ITT World Communications, among others.

Reports, Awards, And Opinions 1981-1, 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 Allied Chemical Corporation, Boston Edison Company, and Dowling College, among others.

The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach

Northwestern Journal of International Law & Business

The subject of worker participation in the decision-making process has become one of the major topics in the developing area of EEC labor law. The EEC Treaty, however, does not provide the direct legal basis for the introduction of worker participation legislation by the Community. The Commission, therefore, has concentrated on harmonizing the company legislation of the Member States in its drive to develop a European labor legislation. In this article, Dr. Kolvenbach surveys the existing company legislation in the Member States dealing with worker participation and discusses the recent harmonization proposals of the Commission. He then concludes by supporting …

Congress, The Courts, And Sex-Based Employment Discrimination In Higher Education: A Tale Of Two Titles, Joel W. Friedman

Vanderbilt Law Review

This Article will examine the manner in which the federal courts have handled sex-based employment discrimination claims against colleges and universities. Specifically, the Article will suggest that most such judicial opinions have construed and applied the applicable federal laws in a manner inconsistent with Congress' articulated desire to promote equal employment opportunity in, and to remove the taint of sex-biased decisionmaking from, the academic profession. In light of this judicial misconstruction of the remedial statutes, the Article proposes a different framework for analyzing Title VII and Title IX claims that will more adequately promote Congress' twin objectives.

Labor Law - National Labor Relations Act - Managerial Employees - University Faculty, Mary F. Dombrowski

Duquesne Law Review

The United States Supreme Court has held that full-time faculty members at Yeshiva University are managerial employees excluded from the protections of the National Labor Relations Act.

NLRB v. Yeshiva University, 444 U.S. 672 (1980).

The New Negligence Standard For Shipowners And Longshoremen - Scindia Steam Navigation Co. V. De Los Santos, Victoria L. Bush

Loyola University Chicago Law Journal

No abstract provided.

Miscellaneous, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Patronage, Arbitrary Discharge, And Public Policy: Redefining The Balance Of Interests In Employment, 14 J. Marshall L. Rev. 785 (1981), Sarane C. Siewerth

UIC Law Review

No abstract provided.

The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille

Northwestern Journal of International Law & Business

The current trend toward greater worker participation in business decisions is reflected in European Economic Community developments. In this article, Mr. Battaille examines recent European Commission measures which attempt to harmonize national company law legislation in the Member States. The author focuses particularly on the Commission's proposal for a Council Directive to ensure the right to information and consultation for workers of enterprises exercising their activities in more than one establishment or subsidiary in one or several Member States.

Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn

UIC Law Review

No abstract provided.

Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine

Book Chapters

The law seems able to absorb only so many new ideas in a given area at any one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate …

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

Sex-Based Considerations Of Differentiation In The Workplace: Exploring The Biomedical Interface Between Osha And Title Vii, Gary Z. Nothstein, Jeffrey P. Ayres

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - State Sovereignty - Federal Railway Labor Act Impermissibly Interferes With Integral State Governmental Function In Providing Intrastate Commuter Rail Transportation, Stuart K. Fleischmann

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay

Villanova Law Review (1956 - )

No abstract provided.

Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone

University of Michigan Journal of Law Reform

This article advocates the adoption of national legislation requiring advance notice for plants closed or relocated for ostensibly economic reasons. Part I discusses the magnitude of the plant closing problem, focusing upon the costs associated with such closings, the types of assistance available for terminated workers, and the inadequacies of current relief efforts. Parts II and III examine the arguments for and against requiring advance notice of plant closings, and conclude that such a requirement represents sound public policy. Part IV proposes a complete model advance notice statute. The model statute establishes minimum requirements for a viable advance notice system, …

Shipowner Liability Under Section 905(B) Of The Longshoremen's And Harbor Workers' Compensation Act: A Proposed Standard Of Care, Michael A. Viani

Fordham Urban Law Journal

The 1972 Amendments to the Longshoremen's and Harbor Workers' Compensation Act (LWHCA) greatly increased the maximum benefits to be paid to an injured longshoreman by the shipowner and, nullifying two Supreme Court decisions, permitted an injured longshoreman to maintain an action against a shipowner premised upon the "unseaworthiness" of the shipowner's vessel. A finding of "unseaworthiness" would render the shipowner fully liable for any injuries that occurred. As a result of the 1972 Amendments, section 905(b) of the LHWCA provides that an injured longshoreman" can recover damages against a shipowner only upon a showing of negligence. This article identifies and …

Wildcat Strikes: The Affirmative Duty Of The Parent Union To Intervene, Thomas Kevin Sheehy

Fordham Urban Law Journal

Most collective labor agreements contain a no-strike clause, a promise by the union that it will not authorize a strike in the bargaining unit for the life of the contract. Under Section 301 of the Labor Management Relations Act of 1947, "parent unions," as parties to collective bargaining contracts, are subject to liability for damages in federal court for breach of no-strike agreements. A parent union, however, cannot be held liable to an employer for a work stoppage not authorized or ratified by it. Such unauthorized work stoppages are commonly referred to as wildcat strikes. Recently, the Supreme Court held …

The Effect Of The Employment-At-Will Rule On Employee Rights To Job Security And Fringe Benefits, Joseph Degiuseppe, Jr.

Fordham Urban Law Journal

Traditional concepts concerning the law regarding employment relationships of an indefinite duration have been the object of much criticism in recent years. The source of this controversy stems from the application of the so-called employment-at-will rule which provides that employment relationships of this nature may be terminated by either party at any time with or without notice or cause. The at-will rule, however, is not about to be abandoned. The overwhelming majority of jurisdictions continue to adhere to the view that employment relationships of an indefinite duration may be terminated at any time without notice "for good cause, for no …

Protest Boycotts And Federal Labor Laws: The Russian Trade Boycott, Gerald L. Jr. Maatman

Northwestern Journal of International Law & Business

Part I of the Comment examines the Russian trade boycott, and compares the boycott to ILA protest activity over the past three decades. The survey of protest boycotts demonstrates the wide range of business interests disrupted by union conduct and the extent to which such activities may undermine American foreign policy. Part II analyzes whether the National Labor Relations Board (NLRB or Board) may assert jurisdiction over protest boycotts. The jurisdictional reach of the NLRA will be explored with emphasis upon a line of Supreme Court decisions involving foreign-flag vessels. Particular criticism will also focus upon the Fifth Circuit's recent …

A Victory For Comparable Worth: Iue V. Westinghouse Electric Corp., Alice A. Joseffer

Buffalo Law Review

No abstract provided.

Compound Discrimination: The Interaction Of Race And Sex In Employment Discrimination, Elaine W. Shoben

Scholarly Works

The courts have not yet clearly resolved whether Title VII of the Civil Rights Act of 1964 prohibits compound discrimination, that is, discrimination based on a combination of protected characteristics—such as race and sex-rather than single protected characteristics—such as race alone or sex alone. Professor Shoben argues that both the logic and the legislative history of Title VII support the view that compound discrimination is separately protected. She then offers a systematic method for statistically determining whether an employer is discriminating on the basis of a combination of characteristics. Finally, Professor Shoben considers whether single plaintiffs can, consistently with rule …

Union Waiver Of Employee Rights Under The Nlra: Part Ii - A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper

Faculty Scholarship

The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.

In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …