Labor and Employment Law Commons^™

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …

Employee Stock Ownership Plans: An Analysis Of Current Reform Proposals, Luis L. Granados

University of Michigan Journal of Law Reform

This article surveys the battle between the critics and advocates of the ESOP, and scrutinizes various proposals currently being considered in the legislative arena. Part I examines the philosophy and history of the ESOP, particularly focusing upon the conceptual foundations provided by the writings of Louis Kelso. Part II explicates the various functions performed by the ESOP: as a tool of corporate finance, as an "in-house" market for the sale of stock held by a company's shareholders, and as a means of obtaining additional investment tax credit. Part III analyzes critically six proposed improvements of the ESOP system from both …

Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold

University of Arkansas at Little Rock Law Review

No abstract provided.

Workers' Compensation–Statute Of Limitations On Seeking Additional Benefits, Robert E. Mccallum

University of Arkansas at Little Rock Law Review

No abstract provided.

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Dissent Of Commissioner J. Clay Smith, Jr., On Removing The Apprenticeship Exemption From The Age Discrimination In Employment Act, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr. To Section 32.15 Of The Final Draft Of The Department Of Labor's Regulations Implementing Section 504 Of The Rehabilitation Act Of 1973, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr., Re: The September 16, 1980 Vote Of The Equal Employment Opportunity Commission On Freedom Of Information Act Appeal No. 80-7-Foia-377, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Federal Affirmative Effort On Behalf Of Historically Black Colleges And Universities, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Appropriate Bargaining Units In Non-Profit Hospitals

Washington and Lee Law Review

No abstract provided.

Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel

BYU Law Review

No abstract provided.

Re Dartmouth (City Of) And Dartmouth Police Association, Local 101, Innis Christie, Charles A. Macdougall, Matthew J. Mcpherson

Innis Christie Collection

Employee Grievance alleging improper refusal of leave of absence in lieu of statutory holiday.

There was no dispute about any of the essential facts. The practice in the Dartmouth Police Department is for a leave calendar to be circulated at the start of each year. Each man writes in his preferred vacation leave in accordance with an order of priorities not here in issue. Thereafter as requests are made and granted for leave for statutory holidays, time off in lieu of overtime and compassionate leave and as members of the department go on training courses, those facts are noted on …

[Eeoc Fifteenth Anniversary Speech], J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Comments . . . On Occasion Of The Fifteenth Anniversary Of The Eeoc, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Dissent Of Commissioner J. Clay Smith, Jr., On The Approval For Litigation Of The Case Of Darlene Bartek V. The Kent Upholstery Co., Inc., On The Issue Of Successor Company Liability, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Carbon Fuel Co. V. Umwa, 444 U.S. 212 (1979), Stacy Collier Frank

Florida State University Law Review

Labor Law-INTERNATIONAL UNIONS ARE NOT LIABLE FOR WILDCAT STRIKES UNAUTHORIZED BY THE INTERNATIONAL AND INITIATED BY UNION MEMBERS IN VIOLATION OF COLLECTIVE BARGAINING AGREEMENTS TO WHICH THE INTERNATIONAL IS A PARTY

By The Light Of Dual Employment: Standards For Employer Regulation Of Moonlighting, Carlton J. Snow, Elliott M. Abramson

Indiana Law Journal

No abstract provided.

Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey

Dalhousie Law Journal

Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …

The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman

Dalhousie Law Journal

The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …

Dissent Of Commissioner J. Clay Smith, Jr. Re: Vote Of The Equal Employment Opportunity Commission On The Issues Of Contribution Under Title Vii And The Equal Pay Act On July 1, 1980, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Managing In A Multi-Ethnic, Multi-Racial Workforce In The 1980'S: Problems And Promises, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Clementine In The 1980'S (Eeo And The Woman Miner), Thomas H. Barnard, Brenda J. Clark

West Virginia Law Review

No abstract provided.

A Comparative Study Of Miners' Training And Supervisory Certification In The Coal Mines Of Great Britain, The Federal Republic Of Germany, Poland, Romania, France, Australia And The United States: The Case For Federal Certification Of Supervisors And Increased Training Of Miners, J. Davitt Mcateer, L. Thomas Galloway

West Virginia Law Review

The training of coal miners and their supervisors has long been recognized as an essential element for reducing the incidents of injuries and deaths in the mines. This article will address the topic of training and certification of miners and supervisors in American coal mines as compared to the training and certification requirements and programs of the United Kingdom, the Federal Republic of Germany, France, Romania, Poland, and Australia. Following a brief description of each country's coal mining industry, that country's training and certification program will be analyzed and compared with regard to the particular subjects of: (1) new miner …

The Current State Of Grievance Arbitration In The Coal Industry, Larry W. Blalock

West Virginia Law Review

The arbitration process provides for settlement of disputes through adjudication outside the normal judicial system. In many instances arbitration resolves disputes arising under the terms of a collective bargaining agreement. This type of labor arbitration is referred to as rights arbitration, or more commonly, grievance arbitration. A second type of arbitration, referred to as interest arbitration, is concerned with settling the unresolved terms of the collective bargaining agreement itself. This note will focus solely on grievance arbitration. Grievance arbitration has proliferated, particularly in American industry, in the wake of the United States Supreme Court's 1960 decisions in the Steelworker's Trilogy. …

Civil Rights--Federal Jurisdiction--Exhaustion Of Adequate And Appropriate State Administrative Remedies Is A Prerequisite For Judicial Review Under Section 1983, Camilla E. Watson

Scholarly Works

Georgia Patsy, a white female secretary, brought a civil rights action under section 1983 of title 42 of the United States Code against Florida International University in the United States District Court for the Southern District of Florida, alleging employment discrimination in violation of the Constitution and laws of the United States. The district court dismissed the action for failure to exhaust state administrative remedies. The Court of Appeals for the Fifth Circuit reversed on the ground that failure to allege exhaustion of state remedies did not preclude a section 1983 cause of action. On rehearing en banc, the court …

Outline Of Affirmative Action In The Federal Sector, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein

Vanderbilt Law Review

The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...

This Note attempts to refine the Presidential power analysis of Youngstown Steel and …

Labor Law-Reverse Political Checkoff Per Se Illegal As Violation Of Federal Election Campaign

BYU Law Review

No abstract provided.

Overlapping Jurisdiction Of The Equal Employment Opportunity Commission And The National Labor Relations Board, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Managing The Federal Workforce: A Quest For Diversity, J. Clay Smith Jr.

Selected Speeches

No abstract provided.