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Reports, Awards, And Opinions 1975-3, 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 Metropolitan Life Insurance, Metropolitain Taxicab Board of Trade, Inc., and New England Telephone Company, among others.

Boys Markets Injunctions In Sympathy Strike Situations: A Return To Pre-Norris-La Guardia Days?, Carole J. Kohn

Loyola University Chicago Law Journal

No abstract provided.

Labor Law - Supervisors - University Of Chicago V. National Labor Relations Board - The Seventh Circuit Affirms A National Labor Relations Board-Created Hybrid Employee-Supervisor Category Under The National Labor Relations Act, Mark F. Leopold

Loyola University Chicago Law Journal

No abstract provided.

Labor Law - The Illinois Anti-Injunction Act Is Not Applicable To Strikes By Public Sector Employees And Such Strikes Are Illegal Per Se - City Of Pana V. Crowe, Max G. Brittain Jr.

Loyola University Chicago Law Journal

No abstract provided.

Public Employee Pension Rights And The 1970 Illinois Constitution: Does Article Xiii, Section 5 Guarantee Increased Proctection, 9 J. Marshall J. Prac. & Proc. 440 (1975), Loren Oury

UIC Law Review

No abstract provided.

Threats To Health And Safety: Employee Self-Help Under The Nlra, James B. Atleson

Journal Articles

No abstract provided.

The Personal Accountability Of Public Employees, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …

The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The sanctions provision of the Freedom of Information Act amendments (Amendments)' provides a procedure whereby agency personnel who have withheld requested information may be subject to disciplinary action if a court, in ordering production of the documents and assessing against the United States reasonable attorneys' fees and other litigation costs, also issues a finding that a question of fact exists as to whether agency personnel acted arbitrarily or capriciously. Although the provision is relatively brief, it is potentially the most important amendment to the Freedom of Information Act (FOIA) and one of the most important congressional enactments in recent …

Equitable Credit: Apportionment Of Damages According To Fault In Tripartite Litigation Under The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Randall C. Coleman, Warren B. Daly Jr.

Maryland Law Review

No abstract provided.

Title Vii And Seniority Systems: Back To The Foot Of The Line?, Rebecca Westerfield

Kentucky Law Journal

No abstract provided.

Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Title Vii Of The Civil Rights Act Of 1964- Seniority Provisions Of Union Collective Bargaining Agreement Held Controlling Over Eeoc Affirmative Action Hiring Program. Jersey Central Power & Light Co. V. Local 327, Ibew, 508 F.2d 687 (3d Cir. 1975)., Ira E. Goldberg

Fordham Urban Law Journal

Plaintiff, Jersey Central Power & Light Company (Jersey Central), a large public utility, was economically forced to announce a series of plant wide layoffs. The collective bargaining agreement in force between Jersey Central and various unions required that layoffs be conducted in reverse order of seniority, i.e., the last person hired is the first person to be fired. A conciliation agreement among Jersey Central, the unions and the Federal Equal Employment Opportunity Commission (EEOC) called for the company to begin an affirmative action program designed to increase employment opportunities for women and minority workers. Plaintiff sought a declaratory judgment in …

A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley

Fordham Urban Law Journal

In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

The Survival Of "Last Hired, First Fired" Under Title Vii And Section 1981, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.

Nlrb Regulation Of Campaign Tactics: The Behavioral Assumptions On Which The Board Regulates, Julius G. Getman, Stephen B. Goldberg, Jeanne B. Herman

Articles by Maurer Faculty

No abstract provided.

The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie

Innis Christie Collection

The public has recently been made aware of special difficulties affecting farm labour. In August, 1973 the Report of a Federal Department of Agriculture team entitled "The Seasonal Farm Labour Situation in Southwestern Ontario" ' emphasized the deplorable living and working conditions, on some farms at least, of the seasonal labourers hired to harvest field crops in southwestern Ontario. Heavy media coverage erupted almost immediately, and there was renewed coverage in the autumn of 1974. Much less sensationally, through the spring and summer of 1974, the media gave coverage to special efforts by the government at both the Federal and …

The Problem Of Reconciling The Contradictory Goals Of Efficiency, Equity, Humanity, William W. Van Alstyne

Popular Media

No abstract provided.

The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn

Cleveland State Law Review

This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.

Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt

University of Michigan Journal of Law Reform

The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of …

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

Sovereign Immunity In A Constitutional Government: The Federal Employment Discrimination Cases, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Very early in our history we took steps to insure that the.rule of law, as expressed in the Constitution, would prevail over the mortals who run our government. Yet even as the concepts of rule of law and judicial review came into ascendancy, we also harbored the sovereign immunity doctrine as a restraint on judicial power and as an apparent repudiation of the rule of law.

The inherent antagonism between the rule of law and the sovereign immunity doctrine has produced much mischief in our courts...this Article will argue that the sovereign immunity doctrine is not anticonstitutional, but rather reflects …

Toward Meaningful Protection Of Worker Health And Safety, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

In the annals of job health and safety, 1974 was a signal year. It produced an epidemic of occupational liver cancer associated with vinyl chloride disclosure of a plan to soft-pedal federal regulation of industrial hazards in return for contributions to the 1972 Nixon reelection campaign, and the publication of a brace of exposes decrying the human toll taken by workplace perils. These events furnish hard evidence that the bright hopes raised by passage of the landmark Occupational Safety and Health Act of 1970 remain far from fulfillment.

In the search for reasons for this ostensible failure, two books present …

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Yes Virginia-There Is A Torrens Act

University of Richmond Law Review

The Torrens law is perhaps the most advantageous yet most infrequently used method of land conveyancing in the United States. This unique system of land registration is the present terminus in the long and ancient history of land conveyancing. Inthe earliest period of land transfers, the method of proving ownership was by actual occupancy. As society became more complex and the need for some formal ratification of owner- ship increased, the ceremony of livery of seisin became the prevalent method of conveying title to land. Later, as the number of land transfers proliferated, a written instrument detailing the history of …

Foreword: Recent Developments In Labor Law: The Ninth Annual Labor Relations Institute, J. Ralph Beaird

Scholarly Works

The papers presented in this symposium issue were initially presented at a labor institute jointly sponsored by the Atlanta Lawyers Foundation, the Federal Bar Association, the Labor Law Section of the State Bar of Georgia and the Institute of Continuing Legal Education in Georgia. This is the ninth such institute with the first having been held in 1964 for the purpose of acquainting the practicing bar with developments and trends in the field of labor law.

Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player

Scholarly Works

Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …