Labor and Employment Law Commons^™

The Right To An Adequate Income And Employment: A Reply To Professor Bernstein, David L. Chambers

Book Chapters

Bernsteins's Paper advances no constitutional arguments for requiring the government to ensure economic security for retarded citizens. His omission is justified not merely by the alternative focus he has chosen, but also by the absence of any sound or vendible constitutional arguments to advance. There remain, however, important roles for attorneys.

The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review

Michigan Law Review

This Note assesses the impact of Howard Johnson on the labor-law obligations of successor employers. Part I analyzes the prior case law; part II critiques the reasoning of the Howard Johnson opinion; part III considers the merits of a new approach to the successorship problem, suggested in a footnote in Howard Johnson.

Admiralty, Edward P. Carey

Villanova Law Review (1956 - )

No abstract provided.

Labor Law, Jerome P. Gilligan

Villanova Law Review (1956 - )

No abstract provided.

The Availability Of Preliminary Injuctive Relief To Private Plaintiffs Pending Equal Employment Opportunity Commission Action Under Title Vii Of The Civil Rights Act Of 1964, Judith Ashton

Loyola University Chicago Law Journal

No abstract provided.

Labor Law - Illinois Education Association V. Board Of Education Of School District 218 And Board Of Trustees Of Junior College District No. 508 V. Cook County College Treachers Union, Local 1600: Ominous Implications For Public Sector Collective Bargaining In Illinois, Mary Aileen O'Callaghan Furda

Loyola University Chicago Law Journal

No abstract provided.

A Review Of Court Cases Concerning Dismissal Of Certificated Personnel In The State Of Washington, Allen T. Hughes

All Graduate Projects

This paper presents briefs of court case materials found in the legal files of the Washington Education Association, Washington Report Second Edition, Washington Appellate Reports, and Washington Digest concerned with the dismissal of certificated personnel in the.State of Washington. This paper can be used by educators involved with dismissal procedures as stated by RCW 28A.58.450. The briefs are designed so the reader can quickly determine:

1. Facts leading to the problem;

2. The problem;

3. The decision of the court; and

4. The rationale for the decision.

Buffalo Forge Co. V. United Steelworkers: The Supreme Court Sanctions Sympathy Strikes, Michael E. Kushner

Cleveland State Law Review

The Norris-LaGuardia Act was enacted in 1932 to curb the unbridled use of the federal injunction as a remedy in labor-management disputes. After enactment of the Norris-LaGuardia Act, labor unions grew and gained substantial collective bargaining power. Congressional policy then shifted to encouraging the effective enforcement of collective bargaining agreements between employers and unions. Subsequent to enactment of the LMRA, the no-strike obligation and arbitration procedures became standard bargained-for provisions. However, Judges soon refused to enjoin strikes in alleged violation of no-strike clauses, basing their decisions on the force of section 4. Employers contended that the more recent section 301 …

After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan

Fordham Urban Law Journal

Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …

The Dismissal Of Tenured Faculty For Reasons Of Financial Exigency, James L. Petersen

Indiana Law Journal

No abstract provided.

The Behavioral Assumptions Underlying Nlrb Regulation Of Campaign Misrepresentations: An Empirical Evaluation, Pt. Ii, Julius G. Getman, Stephen B. Goldberg

Articles by Maurer Faculty

No abstract provided.

Compulsory Union Membership Under The National Labor Relations Act-Is Hershey Foods Corp. The End Of The Road?

Washington and Lee Law Review

No abstract provided.

Multinational Collective Bargaining--Myth Or Reality?

Vanderbilt Journal of Transnational Law

The expansion of the multinational corporation (MNC) has precipitated an international aspect of labor with important consequences for the relationship between employers and employees. Basically, there is an inherent conflict between the objectives of the MNC and the labor union. The MNC endeavors to organize its operations for production where costs are lowest and sales where prices are highest. Given good coordination, the MNC can manage its activities to take advantage of cost differences in labor, capital, tax rates, and market conditions. On the other hand, the labor union seeks to have the MNC return the greatest net benefit to …

Erosion Of Trade Union Power Through Multinational Enterprises?, Hans Gunter

Vanderbilt Journal of Transnational Law

The present article explores the effects of the operations and growth of multinational enterprises (MNEs) on power, role, and legitimation of the trade unions within the national industrial relations systems in the industrialized countries of Western Europe and North America. This study neglects the effects of MNEs on international union cooperation and labor solidarity, which are dealt with in other contributions to this issue. This focus reflects the author's thesis that the main trade union concern and strategy in the countries in question is the integration of MNEs into the existing national industrial relations setting, while the development of border-crossing, …

Protecting Employee Solicitation - Distribution Rights From Union Waiver, Alan V. Reuther

University of Michigan Journal of Law Reform

Section 7 of the National Labor Relations Act guarantees various fundamental rights to employees, including the right to self-organization. Recognizing the inherent superiority of the work place as a situs for organizational activities, the courts and the National Labor Relations Board (hereinafter NLRB or Board) have balanced the property interests of employers against the organizational interests of labor and concluded that employees have the right to distribute literature on the employer's premises in nonworking areas during nonworking time and to solicit support during nonworking time for purposes protected by Section 7, unless special circumstances of production, discipline, or safety are …

Critique: A Plaintiff's View, Henry L. Marsh Iii

University of Richmond Law Review

No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.

A Guide To The Law Of Fair Employment, Benjamin Werne

University of Richmond Law Review

In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.

Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii

University of Richmond Law Review

In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.

The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

University of Richmond Law Review

On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …

Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.

University of Richmond Law Review

A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Right To Voluntary, Compensated, Therapeutic Work As Part Of The Right To Treatment: A New Theory In The Aftermath Of Souder, Michael L. Perlin

Articles & Chapters

No abstract provided.

Constitional Basis And Implications Of Federal Collective Bargaining Legislation For State And Local Employees, Ronald C. Brown

Faculty Publications

No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

Articles

From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …

Negligence Standards Under The 1972 Amendments To The Longshoremen's And Harbor Worker's Compensation Act: Examining The Viewpoints, J. Charles Sheak

Villanova Law Review (1956 - )

No abstract provided.

Special Project, Kenneth Harmon, Barbara Moss, W. Patrick Mulloy, Ii, Robert H. Brownlee, Walter T. Eccard, Michael D. Kelly, Timothy C. Maguire, Richard M. Pitt, Stephen K. Rush, Robert D. Tuke, Richard C. Stark Special Project Editor

Vanderbilt Law Review

The One Hundred and First Justice: An Analysis of the Opinions of Justice John Paul Stevens, Sitting as Judge on the Seventh Circuit Court of Appeals

This article will examine the opinions written by Mr. Justice Stevens while he served on the Court of Appeals for the Seventh Circuit. The areas examined are constitutional, antitrust, labor, securities, federal tax, administrative, and federal jurisdictional law. This article also will seek to reach some conclusions on Stevens' position in the several areas while he served on the Seventh Circuit and to suggest the factors he may consider important in deciding cases in …

Re Maritime Employers Assoc And Halifax Longshoremen's Assoc, Ila Local 269, Innis Christie

Innis Christie Collection

Employer Grievance alleging illegal work stoppage.

The facts

On Saturday, May 10, 1975, Halterm Limited ordered 14 men for the work period from 1800 to 0800 hours the following morning, to perform work on M/V "Columbus Australia". The order was for "a fourteen-man gang unit to perform heavy lifts", or words to that effect. Some evidence was led by both parties at the hearing with regard to the exact terminology of this order and there was consid­erable discussion of its significance. Although the point is undoubt­edly of importance to the parties, for the purpose of this grievance I do not …

Occupational Safety And Health Act: The Right Of A Worker To A Safe Work Place Environment, Arthur J. Martinelli Jr.

West Virginia Law Review

No abstract provided.

Introduction: The Signficance And Complexity Of Erisa, Carlton R. Sickles

William & Mary Law Review

No abstract provided.