Labor and Employment Law Commons^™

The Integrity Of The Arbitral Process, Roger I. Abrams

Michigan Law Review

Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Review the question of the role law should play in labor arbitration. Shulman urged "that the law stay out," while Cox argued that courts would come to understand the special nature of the arbitration process and would accordingly limit the extent of judicial intervention. The impact of their discussion has, of course, been mooted by the numerous judicial decisions implanting private arbitration within the federal law of the collective agreement. From the Supreme Court has come a formidable legal superstructure for the labor …

Construction Union Hiring Halls: Service Under A Collective Bargaining Agreement As A Prerequisite To High Priority Referral, Leslie W. Bailey Jr.

William & Mary Law Review

No abstract provided.

Employee Opposition To Discriminatory Employment Practices: Protection From Reprisal Under Title Vii, Joseph Kattan

William & Mary Law Review

No abstract provided.

Construction Association Management Labour Bureau Limited V International Association Of Heat & Frost Insulators & Asbestos Workers, Innis Christie

Innis Christie Collection

The issue before the Panel on this preliminary objection is whether, on the assumption that the Respondents, contrary to Section 52 (h) of the Trade Union Act, have expelled or suspended an employee of one of the Applicant's member companies or have taken disciplinary action against or imposed any form of penalty on any such employee "by reason of his having refused to perform an act that is contrary to (the Trade Union) Act", that is a matter about which the employer or the Management Labour Bureau on his behalf, can complain under the Trade Union Act.

Mccarthy V International Brotherhood Of Electrical Workers, Local 625, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on May 25, 1977, pursuant to Section 52 of the Trade Union Act alleging that the Respondents violated Section 52 (f), (g), and (i) of the Trade Union Act;

Construction Association Management Labour Bureau Limited V International Union Of Elevator Constructors, Local 125, Innis Christie

Innis Christie Collection

A COMPLAINT having been made to the Construction Industry Panel of the Labour Relations Board (Nova Scotia) on October 13, 1977, pursuant to Section 49 of the Trade Union Act of Nova Scotia by the Construction Association Management Labour Bureau Limited, Accredited Bargaining Agent on behalf of its member Otis Elevator Company Limited, that on October 11, 1977, an illegal work stoppage commenced and is continuing by employees of Otis Elevator Company Limited at the job site at Bayers Road Tower Two construction project and various other construction jobs as required by the Company in the Province of Nova Scotia, …

Nashville Gas Company V. Satty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Furnco Construction Corporation V. Waters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

City Of Los Angeles Department Of Water & Power V. Manhart, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.

Indiana Law Journal

No abstract provided.

New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable

Buffalo Law Review

No abstract provided.

Booker V. Medical Center: Workman's Compensation And The Infectious Disease, James H. Hughes

North Carolina Central Law Review

No abstract provided.

Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman

University of Michigan Journal of Law Reform

After examining the structure and tax consequences of ESOPs, this note will argue that ESOPs should guarantee employees full voting rights over securities transferred to them under such plans. This note will also propose that ESOPs can be used in employee takeovers of corporations as part of a plan to help prevent plant closings.

Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones

Vanderbilt Law Review

In order to give approximately 1,400,0001 health care employees the protection enjoyed by employees under the National Labor Relations Act (NLRA), Congress amended the Act in 1974 to make health care institutions "employers. Recognizing the public's dependence upon the unique services provided by health care facilities, Congress was hesitant, however, to extend coverage under the Act to health care employees without providing additional safe-guards. These safeguards are embodied in the following special provisions: (1) the extension of the sixty-day notice requirement for modification of an expiring contract to ninety days; (2) the creation of a thirty-day notice requirement of a …

Amherst (Town Of) V The Amherst Police Association, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on July 25, 1977, pursuant to Section 26 of the Trade Union Act to exclude the classification of Deputy Chief of Police from the description of the Bargaining Unit contained in L.R.B. No. 1359, dated August 18, 1969;

Northwest Construction Limited V International Union Of Operating Engineers, Local 721, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 20, 1977 for revocation or variation of L.R.B. No. 440C by which the Respondent was certified as Bargaining Agent for a Bargaining Unit consisting of all employees of the Applicant engaged in the operation of cranes, bulldozers, trucks in excess of one ton capacity, and similar equipment, all those primarily engaged in the repairing and maintaining of same, but excluding all other employees, Foremen other than Working Foremen, and those equivalent to the rank of Foreman and above, Office Employees, and those employees excluded by Clauses (i) …

Mckay V Retail, Wholesale & Department Store Union, Local 1015, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 2, 1977, pursuant to Section 27 of the Trade Union Act of Nova Scotia, for Revocation of L.R.B. No. 935, dated June 14, 1965, which certified the Retail, Wholesale & Department Store Union, Local 1015, AFL, CIO, as Bargaining Agent for certain employees of John Hunter Limited (Red & White Foodmaster), Springhill, Nova Scotia, the predecessor of the Intervener employer;

Labor Law, Robert W. Ashmore, Michael H. Campbell

Mercer Law Review

During 1976, the Fifth Circuit Court of Appeals again issued a substantial number of decisions interpreting and applying the growing number of federal statutes governing employer-employee relationships.' It is noteworthy that of nearly 60 cases reviewed, 29 were reversed, vacated or modified, at least in part. Factors such as the high percentage of unorganized employees in the circuit and the consequent active union organizing efforts provided the court with a wide variety of labor cases and with, perhaps, greater familiarity with the law in this area than some other circuits have. For whatever reasons, the court's decisions this term indicate …

If Coverage Of 'No-Strike' Clause Is Only Issue For Arbitrtor, Strike May Not Be Enjoined, Robert C. Clark Jr.

Mercer Law Review

In Buffalo Forge Co. v. Steelworkers of America, the U.S. Supreme Court held in a 5-4 decision that §4 of the Norris-La Guardia Act' prevents a federal court from enjoining a sympathy strike while an arbitrator is deciding whether the strike is covered by a no-strike clause. The Court's decision settled the sole question left unanswered by Boys Markets, Inc. v. Retail Clerks Union.

Denying Maternity Benefits Is Not Sex Discrimination Under Title Vii, Dewey Ray Mckenzie Jr.

Mercer Law Review

The U.S. Supreme Court, in General Electric v. Gilbert, held that the exclusion of pregnancy benefits from General Electric's general coverage disability plan for employees did not violate Title VII of the Civil Rights Act of 1964. General Electric's disability plan provided sickness and accident benefits for all employees, including those who became disabled as a result of a non-occupational sickness or accident. The plaintiffs in the initial suit were hourly paid production workers in General Electric's Salem, Virginia, plant, each of whom had become pregnant and had filed a claim for disability benefits. Each had been denied payment …

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred by the Minister of Labour to the Construction Industry Panel of the Labour Relations Board, pursuant to Section 34 of the Trade Union Act, in which the Complainant alleged that Otis Elevator Company Limited has violated Section 33 (b) of the Trade Union Act by decreasing rates of wages or terms or conditions of employment of employees to whom notice to bargain had been given;

Kentville Hospital Employees Association V Kentville Hospital Association, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 of the Trade Union Act, wherein the Kentville Hospital Employees Association alleged that the Kentville Hospital Association had violated Section 33 (b) of the Act by altering terms of conditions of employment of one employee, namely David Andrews, in relation to whom notice to bargain had been given;

Nova Scotia Government Employees Association V Board Of Governors Of College Of Cape Breton, Innis Christie

Innis Christie Collection

A COMPLAINT having been referred to the Labour Relations Board (Nova Scotia) by the Minister of Labour pursuant to Section 34 (1) of the Trade Union Act in which the Complainant alleged that the College violated Section 33 (a) by failing to made every reasonable effort to conclude and sign a Collective Agreement;

Labor Law--Injunctions--The Role Of The Courts In The Resolution Of Labor Disputes, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.

The Unemployment Rate: Time To Give It A Rest?, Stewart J. Schwab, John J. Seater

Cornell Law Faculty Publications

The most overworked figure in our society may be the unemployment rate. Newscasters, politicians, and economists use it in discussing everything from the overall health of the economy to the merits of alternative welfare programs. Despite its widespread use, however, the unemployment rate frequently is criticized for not indicating the true state of the economy’s health or of society’s welfare.

If the unemployment rate falls to 4 percent, for example, some economists will argue that it’s too low and that, even though the rate is greater than zero, the economy is overemployed. Others will argue that unemployment has not fallen …

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

Articles

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 …

Binding Interest Arbitration In The Public Sector: Is It Constitutional?

William & Mary Law Review

No abstract provided.

The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris

Vanderbilt Law Review

The amended National Labor Relations Act (the Act) guarantees that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations to each other."' In furtherance of this objective, the Taft-Hartley and Landrum-Griffin amendments substantially increased the Act's protection of individual employee rights and sharply restrained many union activities that were deemed economically and socially undesirable. Those amendments, however, left intact the basic structure of the original Wagner Act providing for establishment of collective bargaining whenever a majority of the employees in an appropriate bargaining unit designate a bargaining agent to represent them. Once a …

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.