Labor and Employment Law Commons^™

The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer

Fordham Urban Law Journal

The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …

Note: Involuntary Retirement Under The Age Discrimination Employment Act: The Bona Fide Employee Benefit Plan Exception, Robert F. Tully

Fordham Urban Law Journal

The purpose of the Age Discrimination Employment Act (ADEA) is "to promote employment of older persons based on their ability rather than age." ADEA covers workers who are at least forty years of age but less than sixty-five. The setting of these age limits, particularly the lower limit, was the cause of much debate during the formation of the law. After examining the problems of older persons seeking employment, Congress concluded that the unemployment rate for older workers was much higher than for younger workers. It found that the setting of arbitrary age limits had become common within industry and …

Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo

Cleveland State Law Review

Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …

Probing The Discriminatory Effects Of Employee Selection Procedures With Disparate Impact Analysis Under Title Vii, Elaine W. Shoben

Scholarly Works

Last term the Supreme Court handed down three decisions in which it defined with some precision the proper use of statistics in Title VII cases. Those decisions filled a void that had existed since Griggs v. Duke Power Co., but they left some questions unanswered. In this article Professor Shoben discusses those decisions and addresses the issues still unresolved. She proposes a structured framework for the systematic analysis of disparate impact cases that is consistent with, yet builds upon, the three recent decisions. In addition, Professor Shoben considers whether allowing a plaintiff to establish a prima facie case with …

Compensating For Race Or National Origin In Employment Testing, Michael A. Reiter

Loyola University Chicago Law Journal

No abstract provided.

The False Hope Of A Footnote: Arbitration Of Title Vii Disputes After Alexander V. Gardner-Denver Co., Laurene Kucera Janik

Loyola University Chicago Law Journal

No abstract provided.

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak

University of Richmond Law Review

In order to appreciate the problems and challenges presented by public employee collective bargaining, one should first consider the tremendous growth of the public sector in recent decades. In 1946, there were approximately six million persons employed at all levels of government. By 1974, the total stood at nearly fifteen million. The number of state and local government employees rose from about three and one-half million in 1946, to over eleven and one-half million in 1974.

Workers' Health And Safety: Whose Costs, Whose Benefits?, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Health and safety on the job remain sources of bitter controversy in the public forums. Businessmen rail against the Occupational Safety and Health Administration (OSHA) for its "dictatorial" enforcement of "oppressive" regulations, leading President Ford in early 1976 to demonstrate sympathy for their concerns. Labor leaders deplore the failure of industry and government to stem the toll of death and disablement from work-related disease. Members of' Congress, responsive to pressures from constituents, fill pages of the Congressional Record with reports of both employer vexations and employee tragedies.

Like ships passing in the night, advocates on both sides tend to regard …

American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington

Vanderbilt Journal of Transnational Law

Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …

Preliminary Relief In Employment Discrimination Cases, Richard F. Richards

Kentucky Law Journal

No abstract provided.

Fact And Fiction Concerning Multinational Labor Relations, John C. Shearer

Vanderbilt Journal of Transnational Law

This article briefly reviews the magnitude, nature, and growth of the foreign investments of American-based MNCs, especially those in the nine member countries of the European Community (EC), and summarizes the major union fears and aspirations that arise from the rapid growth in scope and power of MNCs. The article focuses on the realities and fantasies surrounding the prospects for multinational collective bargaining with MNCs, which is widely viewed as the most feasible means by which unions can protect their vital interests threatened by MNCs. Unfortunately, in discussions of this matter considerable fiction is often mixed with fact. Some observers …

The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit

Faculty Scholarship

In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.

Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit

Faculty Scholarship

This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …

The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock

Villanova Law Review (1956 - )

No abstract provided.

Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace

Villanova Law Review (1956 - )

No abstract provided.

Labor Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

General Electric V. Gilbert, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dothard V. Rawlinson (Mieth), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mathews V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

International Brotherhood Of Teamsters V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Trans World Airlines, Inc. V. Hardison, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Law Faculty Articles and Essays

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.

Rogers V. Exxon Research & Engineering Co.: Validity Of Pain And Suffering Damages Award Under The Age Discrimination In Employment Act Of 1967, Catherine G. Novack

Buffalo Law Review

No abstract provided.

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …