Labor and Employment Law Commons^™

Affirmative Action Dents The National Labor Policy, Aims C. Coney Jr.

Duquesne Law Review

In this author's earlier review of Executive Order 11,246, published in February, 1971, it was predicted that 1971 would be the year in which affirmative action would achieve the awe and the respect of the legal profession. Among the reasons then given for the profession's expanding awareness were the following: (1) the far greater circulation of equal opportunity certification forms among government contractors and subcontractors; (2) the growing tendency of federal, state and local civil rights enforcement agencies to use affirmative action criteria in adjudicating issues of discrimination; (3) the federal government's readiness to use stop orders in the construction …

Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson

Buffalo Law Review

No abstract provided.

Employment Discrimination: The Burden Is On Business - Griggs V. Duke Power Co.

Maryland Law Review

No abstract provided.

"Multiple Jeopardy" In Employment Discrimination Cases, Leonard E. Cohen, Monte Fried

Maryland Law Review

No abstract provided.

Remedies Against Unions Under The Equal Pay Act Of 1963: The Role Of The Court - Hodgson V. Sagner, Inc.

Maryland Law Review

No abstract provided.

Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine

Book Chapters

Following is the partial text of an address delivered at the August 10, 1970, meeting of the American Bar Association's Section of Labor Relations Law by Theodore J. St. Antoine, Professor of Law, University of Michigan, and Secretary of the Section of Labor Relations Law of the American Bar Association. The portion of the address reproduced deals with the Supreme Court's Boys Markets decision relating to injunctions against strikes in violation of no-strike contracts and the Court's H. K. Porter decision involving the NLRB' s authority to order a party to agree to a substantive provision in a collective bargaining …

The Consent Of The Governed: Public Employee Unions And The Law, Theodore J. St. Antoine

Book Chapters

The major development in labor relations legislation during the past decade was the veritable eruption across the country of state statutes providing for the unionization of public employees. Wisconsin led the way in 1959 by 'imposing the duty to bargain on municipal employers. Ten years later, by my count, 22 states had passed laws authorizing some form of collective bargaining for either state or local employees, or both. An additional ten or so states have prescribed bargaining procedures for certain specified categories of employees, such as firemen, policemen, teachers, or public transit workers. All told, over two and a half …

Labor Law--The Permissible Scope Of The National Labor Relations Board's Rule Against Relitigation, Michigan Law Review

Michigan Law Review

Under section 9 of the National Labor Relations Act (NLRA or Act), the National Labor Relations Board (NLRB or Board) is charged with the responsibility of determining what group of employees constitutes an appropriate unit for purposes of collective bargaining with an employer. While the Board itself originally handled representation petitions and determined appropriate bargaining units, Congress in 1959 amended the NLRA and authorized the Board to delegate its section 9 powers to the regional directors in order to expedite NLRB operations. Pursuant to this authorization, and in accordance with its rule-making authority under section 6 of the Act, the …

Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.

Villanova Law Review (1956 - )

No abstract provided.

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.

Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty

Cleveland State Law Review

This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.

Unemployment Insurance: Good Cause For Leaving Employment, Gerry Davidson

Cleveland State Law Review

The primary objectives behind the enactment of unemployment insurance programs have been enunciated as follows: Unemployment insurance is a program established under Federal and State law for income maintenance during periods of involuntary unemployment due to lack of work, which provides partial compensation for wage loss as a matter of right, with dignity and dispatch, to eligible individuals. It helps to maintain purchasing power and to stabilize the economy. It helps to prevent the dispersal of the employers' trained work force, the sacrifice of skills, and the breakdown of labor standards during temporary unemployment. However, there are certain requirements a …

Labor Relations--§ 301(A) Labor-Management Relations Act And Norris-Laguardia Act--Collective Bargaining Agreements--No-Strike Clause, Jerry Markham

Kentucky Law Journal

No abstract provided.

Federal Employee Labor Relations: From The "Gag Rule" To Executive Order 11491, Stuart M. Rosenblum, Shelton E. Steinbach

Kentucky Law Journal

No abstract provided.

Recent Development, Employer Knowledge Of Union Strength As A Basis For Bargaining Orders In Absence Of Unfair Labor Practices Or Elections--Summer & Co., 190 N.L.R.B. No. 116 (June 7, 1971), Mark J. Loewenstein

Publications

No abstract provided.

The Private Lives Of Public Employees, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Collective Bargaining In The Federal Public Service Of Canada -- After Four Years -- A Time To Reflect, Review And Reform, C. Gordon Simmons

Kentucky Law Journal

No abstract provided.

Labor Law--Railway Labor Act § 2 (First) Good Faith Provision: Accommodation Or Return To Judicial Policy Making In Labor Disputes, John W. Oakley

Kentucky Law Journal

No abstract provided.

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine

Articles

The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …

Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher

Villanova Law Review (1956 - )

No abstract provided.

Professors And Unions: The Faculty Senate: An Effective Alternative To Collective Bargaining In Higher Education?, Ronald C. Brown

William & Mary Law Review

No abstract provided.

Boys Markets And National Labor Policy, Stephen C. Vladeck

Vanderbilt Law Review

In 1962, the Supreme Court held in Sinclair Refining Co. v.Atkinson' that section 4 of the Norris-LaGuardia Act barred federal courts from enjoining union violations of no-strike clauses in collective bargaining agreements. Since Sinclair, violations of this type have been the subject of considerable discussion, but have resulted in little litigation. The number of man days lost as a result of no-strike clause violations is minimal and the frequency of these violations is so small that it is difficult to imagine that they have any great influence on the course of industrial relations. Nevertheless, lovers of symmetry have argued that …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Re Bakery And Confectionery Workers' International Union, Local 322, And Canada Bread Co Ltd, Innis Christie, W Jewers, R Filion

Innis Christie Collection

Union Grievance alleging violation of a supplementary agreement concerning shift rotation.

The Facts:

With the implementation of the collective agreement of 1968, which preceded the present agreement, the company introduced in the shipping department a system which involved some rotation of shifts. That system is no longer in effect, and there is some uncertainty just when it ceased. It is agreed, however, that early in 1970 the company lost a major customer. That customer was last served on Saturday, February 28th, and a substantial lay-off followed immediately. On Sun-day, March 8th, the company's employees went on a legal strike, and …

Collective Bargaining—Nlrb Order Prohibiting Boulwarism Held Enforceable, Samuel Palisano

Buffalo Law Review

N.L.R.B. v. General Electric Co., 418 F.2d 736 (2d Cir. 1969).

Civil Rights Act Of 1964: Racial Discrimination And Union Membership, Paul Seward Trible Jr.

Washington and Lee Law Review

No abstract provided.