Labor and Employment Law Commons^™

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.

Labor Law - Corporate Owner Not Employer And Not Eligible For Union Pension Benefits Even Though Union Member - Brauer V. Sheet Metal Workers Pension Plan, James Harris

North Carolina Central Law Review

No abstract provided.

Migrant Housing - A Step Backward, George Edward Graham

North Carolina Central Law Review

No abstract provided.

The Church, The State, And The National Labor Relations Act: Collective Bargaining In The Parochial Schools, Kenneth J. Kryvoruka

William & Mary Law Review

No abstract provided.

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Popular Media

No abstract provided.

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Preliminary motion relating to admissibility of evidence.

On October 13, and 14, 1977, Brian Risdon filed grievances un­der the collective agreement between the parties. In the first he alleged that he had been discriminatorily demoted and sought re­instatement to his former position without loss of salary, senior­ity or benefits. In the second he alleged that he had been dismissed without reasonable cause and disciplined twice for the same alleged conduct and sought reinstatement without loss of benefits, wages or seniority and to have the alleged incident stricken from his record. Both grievances were finally denied by letters of January 30, …

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy

Florida State University Law Review

No abstract provided.

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …

Unauthorized Work Stoppages--Stranger Pickets In The Coalfields, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …

A Miner's Bill Of Rights, L. Thomas Galloway, J. Davitt Mcateer, Richard L. Webb

West Virginia Law Review

No abstract provided.

The Federal Mine Safety And Health Amendments Act Of 1977: Closure Encounters Of The Third Kind, Edmund J. Moriarty, Mark M. Pierce

West Virginia Law Review

No abstract provided.

United Brotherhood Of Carpenters & Joiners Of America, Local 2165 V Can-Am Containers Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on March 13, 1978, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

O'Toole's Transfer Limited V Teamsters, Chauffeurs, Warehousemen, Helpers And Miscellaneous Works, Local 927, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on May 10, 1978, pursuant to Section 49 of the Trade Union Act by O'Toole's Transfer Limited, Sydney, New Glasgow, and Dartmouth, Nova Scotia, that on May 10, 1978, an illegal work stoppage commenced and is continuing by employees of O'Toole's Transfer Limited, who are represented by the Teamsters, Chauffeurs, Warehousemen, Helpers and Miscellaneous Workers, Local 927, by cessation of work in violation of the Trade Union Act;

Re Air Canada And International Association Of Machinists And Aerospace Workers, Innis Christie

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Facts

The grievor, Darvill Hamshaw, has been employed by Air Can­ada since August 18, 1973. Until the events which are the subject-matter of these proceedings his record was without blemish. At rel­evant times he was working as a station attendant in the baggage delivery area, off-loading the baggage carts on which passenger luggage is carried from incoming aircraft. On September 22, 1977, the grievor received written notice from B. K. Jensen, aircraft services manager at the Halifax Airport, that he was suspended pending dismissal because of pilferage from a piece of passenger luggage which had …

Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy

Vanderbilt Law Review

The purpose of this Article has been to reestablish the continued vitality of the several branches of the state action doctrine in the face of recent decisions that have strained noticeably to avoid implementation of one or more elements of the doctrine, often by an illogical insistence on the application of the Jackson nexus requirement. At least in the employment discharge cases, the regular findings of no state action should not be read as casting doubt upon the continued viability of the various elements of state action doctrine, much less as indications that all elements except state-action-by-state-regulation are so obviously …

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …

The Florida Experience In Public Employee Collective Bargaining, 1974-1978: Bellwether For The South, William F. Mchugh

Florida State University Law Review

No abstract provided.

Osha Adopts Best Available Scientific Tests In Identifying Carcinogens

William & Mary Environmental Law and Policy Review

No abstract provided.

Richards V International Association Of Heat & Frost Insulators & Asbestos Workers, Local 116, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on November 15, 1977, pursuant to Section 52 of the Trade Union Act alleging a breach of Section 52(f), (g), and (h) of the Trade Union Act by the Respondents;

United Steelworkers Of America V Trenton Works Division, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Labour Relations Board (Nova Scotia) on February 20, 1978 pursuant to Section 49 of the Trade Union Act of Nova Scotia by the United Steelworkers of America, Local 1231, on behalf of a number of its members, requesting an Order that the Respondents cease and desist from committing, causing and authorizing a work stoppage and lockout of the individual complainants at the Respondent's place of business in Trenton, Nova Scotia;

Vi. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

X. Labor

Washington and Lee Law Review

No abstract provided.

Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii

St. Mary's Law Journal

Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …

Nlrb V. Annapolis Emergency Hospital Association: The Propriety Of Conditional Certification As A Means Of Avoiding Employer Domination In The Collective Bargaining Unit

William & Mary Law Review

No abstract provided.

Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration

BYU Law Review

No abstract provided.

Labor Law-Representation Elections-Nlrb Will No Longer Probe Into Truth Or Falsity Of Parties' Campaign Statements-Shopping Kart Food Market, Inc.

BYU Law Review

No abstract provided.

Is There Arbitration After Burns?: The Resurrection Of John Wiley & Sons, Sue J. Henry

Vanderbilt Law Review

The decisions of the United States Supreme Court in John Wiley & Sons, Inc. v. Livingston, NLRB v. Burns International Security Services, Inc.,' and Howard Johnson Co. v. Detroit Local Joint Executive Board' have raised, but left unanswered, two significant questions regarding the proper balancing of the parties' interests: (1) does the successor employer's duty to arbitrate with the union under the predecessor's contract survive a corporate change?;and (2) if so, does the arbitrator have the power to impose the substantive terms of the predecessor's labor agreement on the successor? To answer these questions, this Article initially will analyze in …

Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon

Dalhousie Law Journal

A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …

Recent Developments In Labour Law In Nova Scotia, Geoff England, Brian Hansen, Greg North

Dalhousie Law Journal

In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; …