Labor and Employment Law Commons^™

Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg

Vanderbilt Law Review

This article explores the development, theory, and design of the government's Contract Compliance Program and the other statutory means of pursuing equal employment opportunity. Part I is a brief explanation of the Contract Compliance Program under Executive Order 11,246. Part II presents a discussion of the legal underpinnings of the affirmative action concept. Part III deals with the decision In the Matter of Bethlehem Steel Corporation, a landmark administrative hearing under procedures established by the Office of Federal Contract Compliance, and the American Telephone & Telegraph Company Memorandum of Agreement and Consent Decree,' which has been described as "the largest …

Limitations On Employer Independent Action, Robert J. Rabin

Vanderbilt Law Review

An important change appears to be taking place in measuring the limitations upon an employer's independent right to run his business. Where this question was formerly tested under the National Labor Relations Act,' which defines the scope of the duty to bargain, recent developments suggest that the scope of independent employer action' henceforth will be determined through the arbitration process.This is a salutary development, since the question of the scope of independent employer action is a complicated one and ought to be resolved by application of the surest kinds of guidelines. A carefully drafted collective bargaining agreement can spell out …

Recent Cases, Author Unidentified

Vanderbilt Law Review

Labor Law--Authorization Cards--Court Suggests Board Requirement That Employer Petition for Election to Demonstrate Good Faith Upon Rejection of Authorization Cards --

Plaintiff unions' sought a National Labor Relations Board (NLRB) bargaining order alleging a violation of section 8(a)(5) of the National Labor Relations Act (NLRA) based on defendant-employers' refusal to recognize the unions when presented with authorization cards signed by a majority of the employees.' Plaintiffs contended that the language and history of sections 8(a) (5) and 9(a)" of the NLRA and interpretative court decisions establish an employer's duty to bargain whenever the union representative presents "convincing evidence of majority …

Survival Of The Bargaining Agreement: The Effect Of Burns, Charles G. Bakaly, Jr., James S. Bryan

Vanderbilt Law Review

The purpose of this article is to examine some of the implications of the Burns decision for management officials contemplating a takeover and more specifically to consider the extent to which a successor employer may be bound by the provisions of its predecessor's bargaining agreement. Although the article focuses on the Burns case itself, some consideration also is given to the Court's earlier decision in John Wiley & Sons, Inc. v. Livingston and to the question whether Wiley provides a means of avoiding the mandates of Burns.

Some Comments On Labor Dispute Settlement Processes, Paul H. Sanders

Vanderbilt Law Review

The question mark at the end of this recent headline on a syndi- cated newspaper column suggests appropriate skepticism about the substance therein, even though the column reported that the first eleven months of 1973 had been "the most serene labor climate in a decade with manhours lost at a 10-year low."' Well before the year-end "energy crisis" and attendant economic dislocations, how- ever, questions such as the following, far from being in the realm of idle conjecture, were becoming increasingly pertinent: Will the travail of this gloomy period be the fullness of time for the emer- gence of significant …

Labor Law - The District Of Columbia And Seventh Circuits Split Over Whether Union Discipline Of Supervisor-Members For Crossing Picket Lines To Perform Rank-And-File Struck Work Is An Unfair Labor Practice, Richard J. Conn

Villanova Law Review (1956 - )

No abstract provided.

A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer

Articles

The still brief existence of the Washington Industrial Safety and Health Act (WISHA)' has not begun to yield a full view of its operations, effects, strengths and weaknesses. But a look at the preliminary data compiled by the Division of Industrial Safety and Health of Washington's Department of Labor and Industries does give one an idea of the shape that the Act's enforcement will take, as well as its effect on the business and working communities.' This comment will provide a brief overview of Washington's early experience with the Act, based on statistics and interviews with the individuals responsible for …

Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

On Reanalyzing The Harris-Todaro Model: Policy Rankings In The Case Of Sector-Specific Sticky Wages, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

In a brilliant and pioneering paper, John Harris and Michael Todaro introduced a model with two sectors, manufacturing (urban) and agriculture (rural), a (sticky) minimum wage in manufacturing and consequent unemployment. They also introduced a labor allocation mechanism under which, instead of the usual equalization of actual wages, the actual rural wage was equated with the expected urban wage; the latter was defined as the (sticky) minimum wage weighted by the rate of employment, so that, unlike in the standard rigid-wage models of trade theory (for example, Gottfried Haberler, Bhagwati, Harry Johnson, Louis Lefeber, and Richard Brecher), the unemployment resulting …

Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson

St. Mary's Law Journal

Abstract Forthcoming.

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Labor Law--Safety Disputes--Walkouts Under Section 502 Of The Taft-Hartley Act, Bert Michael Whorton

West Virginia Law Review

No abstract provided.

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Cleveland Board Of Education V. Lafleur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Geduldig V. Aiello, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Corning Glass Works V. Brennan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.

A Response To Professor Getman, George Schatzki

Indiana Law Journal

No abstract provided.

A Little Bit More On Collyer Insulated Wire, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Employment At Will And The Law Of Contracts, Dennis M. Hyatt

Buffalo Law Review

No abstract provided.

In Defense Of Academic Judgment: A Comment, Maurice C. Benewitz

Buffalo Law Review

No abstract provided.

Public Sector Collective Bargaining: Perspective And Legislative Opportunities, Ronald C. Brown

William & Mary Law Review

No abstract provided.

The Nova Scotia Trade Union Act, 1972, Innis Christie

Dalhousie Law Journal

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.