Labor and Employment Law Commons^™

Reports, Awards, And Opinions 1978-1, 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 Connecticut Light & Power Company, Colt Industries, Firearms Division, New York City Off-Track Betting Corporation, and Southwestern Bell Telephone Company, among others.

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.

City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet

Florida State University Law Review

Labor Law- PUBLIC RECORDS ACT- DOCUMENTS ACCUMULATED DURING PRELIMINARY UNFAIR LABOR PRACTICE PROCEEDINGS NEED NOT BE DISCLOSED, UNDER PUBLIC RECORDS ACT, UNTIL SUCH TIME AS CHARGES ARE EITHER FORMALIZED OR DISMISSED.

Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb

Villanova Law Review (1956 - )

No abstract provided.

The Construction Of Indemnity Agreements Under The Federal Employers Liability Act: A Conflict Of Public Policy And Contract Law

Maryland Law Review

No abstract provided.

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Book Chapters

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin

Faculty Articles and Papers

The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in the area of employee benefit plans, imposes federal minimum standards for plan reporting and disclosure, vesting, funding, and fiduciary responsibilities. To ensure national uniformity, section 514 preempts state laws that "relate to" employee benefit plans. Since ERISA affects many areas traditionally governed by state law, the extent to which states may continue to regulate certain activities whenever such regulation "relate[s] to" employee benefit plans has been the subject of much litigation.

The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz

UIC Law Review

No abstract provided.

Protected Concerted Activity In The Non-Union Context: Limitations On The Employer's Rights To Discipline Or Discharge Employees, Judith J. Johnson

Journal Articles

To the extent possible, this Article will be devoted to the situation in which there is no union or union organizational activity. It should be recognized that since the National Labor Relations Act does not distinguish between the statutory rights of union and non-union employees, many of the cases involving the protected concerted activities of union members are persuasive, if not binding, authority in the non-union context. The limitations placed by the Act on employers' rights will be delineated by an examination of the four factors upon which the courts have placed emphasis-definition of the term "concerted," proper purposes of …

The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet

Kentucky Law Journal

No abstract provided.

Pension Law--Garnishment--Pension Fund Benefits Governed By The Federal Employee Retirement Income Security Act Are Subject To Court-Ordered Alimony And Child Support Payments.

Fordham Urban Law Journal

This Case Note summarizes the case American Telephone & Telegraph Co. v. Merry, 592 F.2d 118 (2d Cir. 1979). In this case the court of appeals faced problems of statutory construction and ERISA, namely whether ERISA protected pension plans from ganishment orders ordering alimony and child support be payed while waiting for an ultimate jugment as to whether they should be paid. The court of appeals affirmed the district court's holding that ERISA did not prohibit the garnishment of pension plan benefits to satisfy alimony and support payments nor did it displace the state court's authority in this area by …

New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz

Faculty Articles and Papers

No abstract provided.

Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben

Scholarly Works

In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.

The Occupational Safety And Health Act Of 1970 As Applied To The Construction Industry: The Multi-Employer Worksite Problem

Washington and Lee Law Review

No abstract provided.

Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow

University of Richmond Law Review

Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …

Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson

University of Richmond Law Review

The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.

A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins

University of Richmond Law Review

In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …

Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins

Kentucky Law Journal

No abstract provided.

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …

Wealth Effects And Earnings Premiums For Job Hazards, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

DAM Smith (1937) observed that "the whole of the advantages and disadvantages of the different employments of labor and stock must, in the same neighborhood, be either perfectly equal or continually tending to equality." If a job poses health and safety risks that are especially great, a worker will require higher levels of compensation or greater non-pecuniary benefits in order for him to accept the risky job. Despite the fact that the theory of compensating differentials is almost two centuries old, it has been only recently that this theory has been subjected to successful empirical tests. The purposes of this …

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.

Unemployment Insurance: The Washington Supreme Court And The Labor Dispute Disqualification, Steven Soha

Seattle University Law Review

This comment discusses a disqualification common to all state statutes' disqualifying from benefits workers unemployed because of a labor dispute, and focuses upon the Washington Supreme Court's interpretation of the labor dispute disqualification in the Washington Unemployment Compensation Act. After discussing the court's approach to the disqualification in the context of Washington case law, the comment examines various policy considerations underlying the labor dispute disqualification and contrasts the Washington court's interpretation with the interpretation other state courts have accorded similar labor dispute disqualification statutes. Finally, the comment concludes that the Washington court's singularly narrow interpretation of the labor dispute disqualification …

Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed

Seattle University Law Review

This article will explore the sociology behind the original Age Discrimination in Employment Act (ADEA), the structure of the 1967 ADEA, its weaknesses and strengths during its ten-year life, and the effectiveness of the 1978 amendments in dealing with the problems inherent in the original Act.

Proposed Labor Reform: "Brave New World" Or "Looking Backward"?, Theodore J. St. Antoine

Other Publications

By now it is a commonplace in the labor relations community that there are two significant deficiencies in the administration of the National Labor Relations Act. Neither is a matter of substantive law in the usual sense. The first is the inordinate delay in securing a remedy in contested cases, and the second is the inadequacy of the remedy in certain critical situations. I should like to examine a few key recommendations of the NLRB Task Force, and a few key provisions of the proposed Labor Reform Act, in light of those two central concerns.

In my assessment I shall …

Introduction To Farm Labor Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, which became effective on July 2, 1965, was enacted to eliminate artificial barriers to employment that historically have deprived minorities and women of employment opportunities. Section 703 of the Act thus makes discrimination on the basis of race, color, religion, sex, or national origin an unlawful employment practice. In order to obtain relief from a discriminatory employment practice, an aggrieved party must demonstrate that the defendant intentionally engaged in the unlawful practice. Because the broad language of sections 703(a), 703(c), and 706(g) fails to define the terms "discriminate" and"intentionally," the effectiveness …

International Union Of Operating Engineers Local 721 V Municipal Spraying And Contracting Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on August 10, 1977, pursuant to Section 29(3) of the Trade Union Act, for an Order declaring that the Respondent, Willow Contracting Limited, is bound by Certification Orders L.R.B. No.'s 771 and 301 and by the voluntary recognition of the Applicant by the Respondent Municipal Spraying and Contracting Limited in the 1977 collective agreement between them and in preceding collective agreements, and for an Order declaring that Willow Contracting Limited is bound by the current collective agreement between Municipal Spraying and Contracting Limited and …

Nlrb Election Law, Cornelius J. Peck

Washington Law Review

A book review essay considering Union Representation Elections: Law and Reality, by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman (1976).

Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel

Washington Law Review

This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.

The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe

Washington Law Review

In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …