Labor and Employment Law Commons^™

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Scholarly Works

The preceding article by Dr. Richard M. Cohn' concerning the use of statistics in Title VII employment discrimination cases makes three basic points. First, Cohn rejects the methods used to assess disproportionate differences between groups on tests, such as ability tests. He finds fault both with the approach of the Uniform Guidelines on Employee Selection Procedures and with the method based on finding statistical significance that I have advocated. Second, he also rejects the approach courts have adopted for evaluating the relative exclusion of groups defined by race, sex, or national origin in the employer's work force. He argues that …

Retail Store Employees Union Local 1001 V. Nlrb (Safeco Title Insurance Co.): Extending Tree Fruits To Protect Picketing Of Predominant Product Secondaries, Ann C. Hodges

Law Faculty Publications

The consumer product boycott is a traditional weapon employed by organized labor in disputes with employers. Picketing to solicit support from the public and other workers is also a traditional labor tactic. The legality of seeking support by combining these two methods--picketing a retailer to urge a consumer boycott of the primary employer's product-has been a source of disagreement among the Supreme Court, the United States Court of Appeals for the District of Columbia, and the National Labor Relations Board. The contested issue is whether picketing to instigate a product boycott on the premises of an employer with whom the …

The Professor As Manager In The Academic Enterprise, Stephen R. Ripps

Cleveland State Law Review

This article will examine the problems which arise when the NLRA is applied to institutions of higher education, and how the decisions by the NLRB have not been appropriately sensitive to these problems-particularly in the area of faculty organization. This article will also discuss the Supreme Court's decision in NLRB v. Yeshiva University which held that faculty members at the university were "managerial employees" and thereby excluded from coverage under the Act. This discussion will show that the Board's approach to this problem has been irrational and further demonstrates why the NLRB should never have assumed jurisdiction over institutions of …

Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson

University of Michigan Journal of Law Reform

Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …

Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay

University of Richmond Law Review

Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …

Recovery For Accidental Injuries Under The Virginia Workmen's Compensation Act, Douglas E. Ray, R. Craig Evans, Jay H. Steele

University of Richmond Law Review

The Virginia Workmen's Compensation Act, first enacted in 1918, generally provides for case benefits and medical care to individuals injured in employment-related accidents. While the Act is neither tort law nor social insurance, it contains elements of both. As social legislation, the Act plays an important role in protecting citizens from loss of wages and provides an important supplement to protection available from the federal Old Age, Survivors' Disability and Health Insurance Program, unemployment compensation and private health and accident insurance plans. In 1979, more than 43,000 Virginia employees filed claims under the Act. Unlike other social insurance programs, however, …

Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope

University of Richmond Law Review

Courts for some time now have been forced to deal with the validity of covenants not to compete as contained in employment contracts. Considered to be a restraint against trade, these covenants under common law were viewed with disfavor, if not hostility, both nationally and in the Commonwealth of Virginia, as being contrary to the American ideals of individual freedom, competition, and the free flow of commerce. As such they were seldom upheld. It was only after the courts recognized that employers had legitimate concerns and interests worthy of protections that reasonable covenants not to compete began to be enforced …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel

Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone

Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender

Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order

Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments

Expropriation of a Contractual Right …

Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs

University of Richmond Law Review

The enactment of the Employee Retirement Security Act of 1974 has had a profound and far-reaching impact upon existing employee benefit plans and upon those which have since been created. ERISA, as the act is commonly designated, is a comprehen- sive federal statute with strong consumer protection overtones which sets up strict requirements for regulating most aspects of the operation and administration of private employee benefit plans. Its primary goals are: (1) to protect benefit rights and to provide retirement security for the participants of employee benefit plans by setting out minimum standards for nondiscriminatory participation, vesting, benefit accrual, and …

Student Employees And Collective Bargaining, Martin H. Malin

Kentucky Law Journal

No abstract provided.

University Faculty And The Institution Of Collective Bargaining, Thomas C. Fenton

Kentucky Law Journal

No abstract provided.

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

No Class At All: An Examination Of Federal Rule 23 And The Eeoc, Richard L. Sadowsky

Cardozo Law Review

No abstract provided.

Deterring "Surface Bargaining": Employer Uncertainty And The Duty To Bargain In Good Faith, Irv Hepner

Cardozo Law Review

No abstract provided.

"On The Waterfront": Rico And Labor Racketeering, G. Robert Blakey, Ronald Goldstock

Journal Articles

Labor racketeering in America is a pervasive, persistent problem not easily controlled by conventional criminal statutes. The authors examine the applicability of the Racketeer Influenced and Corrupt Organizations statute (RICO) to the problem of labor racketeering and look at the recent case of United States v. Scotto as an example of the Act's application in this area. The authors conclude that to the extent that it is used appropriately and with discretion, RICO provides the flexibility to be an important law enforcement tool against labor racketeers.

Book Review. Equal Employment Policy For Women By Ronnie Steinberg Ratner, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Employment Discrimination-Reverse Discrimination- Privately Instigated Racial Quotas As Acceptable Affirmative Action-United Steelworkers V. Weber, 99 S. Ct. 2721 (1979).

BYU Law Review

No abstract provided.

Regulation Of Uninsured Multiple-Employer Trusts Under Erisa: An Open Question Again?, John A. Adams

BYU Law Review

No abstract provided.

The 1979 Florida Workers' Compensation Reform: Back To Basics, William E. Sadowski, Jack Herzog, R. Terry Butler, Ruth L. Gokel

Florida State University Law Review

No abstract provided.

California Brewers Assn. V. Bryant, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Richard E. Mosca & Co. V. Mosca, 362 So. 2d 1340 (Fla. 1978), Carl D. Inskeep

Florida State University Law Review

Workers' Compensation- EXPANDING THE VICTOR WINE RULE TO INCLUDE ALL INTERNAL FAILURES OF THE CARDIOVASCULAR SYSTEM

Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe

Washington Law Review

Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …

Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt

University of Arkansas at Little Rock Law Review

No abstract provided.

The Developing Law Of Equal Employment Opportunity At The White Collar And Professional Levels, Andrea R. Waintroob

William & Mary Law Review

No abstract provided.

Re Eastern Provincial Airways (1963) Ltd And Canadian Airline Employees' Association, Innis Christie

Innis Christie Collection

Union Grievance alleging improper filling of job vacancy.

In the summer of 1978, Watters and Miller, traffic agents in Saint John, New Brunswick, applied for inter-base transfers to Montreal. That autumn a permanent vacancy occurred for which both Ms. Miller and Mr. Watters met all requirements except, possibly, the language requirement. Both were given a "test" by the employer and, in the result, neither was given the transfer re-quested. According to Watters' testimony, Ms. Miller initiated the grievance now before me but, as Watters put it, "it was explained to her [presumably by the union] that it would go in …

Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress

West Virginia Law Review

No abstract provided.

Eastern Shore Memorial Hospital Local Of The Nova Scotia Nurses' Union V Eastern Shore Memorial Hospital, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 31, 1979, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

The Board Of Directors Of The Halifax Infirmary Hospital V The Halifax Infirmary Local Of The Nova Scotia Nurses' Union, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on January 19, 1979, pursuant to Section 26 of the Trade Union Act by adding to the classifications of employees excluded from the bargaining unit contained in L.R.B. No. 1996, dated September 18, 1973, the following: Unit Supervisor, Head Nurse (Special Unit), and Head Nurse, other than Head Nurse, Operating Room;

United Rubber, Cork, Linoleum & Plastic Workers Of America, Local 1028 V Michelin Tires (Canada) Limited, Innis Christie

Innis Christie Collection

On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of …