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Labor and Employment Law

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Articles 301 - 330 of 341

Full-Text Articles in Legal Remedies

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer Jan 1987

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer

University of Richmond Law Review

Defamation and invasion of privacy occur routinely during the administration of polygraph examinations in the workplace. Previously, employers have been shielded from liability for defamation on the grounds that publications in this context are protected by a qualified privilege. Until recently, the general perception was that employees had no substantial expectation of privacy in the workplace.


Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman Dec 1986

Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman

Cardozo Law Review

No abstract provided.


Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law Sep 1985

Remedies For Employees Discharged For Reporting An Employer's Violation Of Federal Law

Washington and Lee Law Review

No abstract provided.


Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman Jan 1985

Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman

UIC Law Review

No abstract provided.


Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle Nov 1984

Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle

BYU Law Review

No abstract provided.


Electing Union Officers Under The Lmrda, Paul Alan Levy Jan 1984

Electing Union Officers Under The Lmrda, Paul Alan Levy

Cardozo Law Review

No abstract provided.


The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin Apr 1983

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …


Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin Jan 1983

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

University of Michigan Journal of Law Reform

This approach to the problem of whistleblowing, however, is misguided; the appropriate balance is between the employee's interest in acting in accordance with his individual conscience and his duty of loyalty to his employer. This Article argues that although the law should protect individual acts of whistleblowing once they have occurred, it should not affirmatively encourage whistleblowing. Part I discusses the protection currently available to whistleblowers under the common law, collective bargaining agreements, and the antiretaliation provisions of several important statutes. Part II proposes a general standard of whistleblower protection that is designed to protect individual whistleblowers in appropriate circumstances, …


Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley Jan 1983

Employment-At-Will Doctrine: Providing A Public Policy Exception To Improve Worker Safety, Daniel T. Schibley

University of Michigan Journal of Law Reform

Occupational safety would be greatly enhanced if employees had a viable option of refusing to work under unsafe conditions without risking their jobs. This Note proposes a public policy exception to the employment-at-will doctrine that would give a cause of action to an employee discharged for refusing to work under unsafe conditions. Part I examines the employment-at-will rule and its recognized exceptions. Part II analyzes the inadequacies of existing statutory remedies for a discharged employee who refused to work under unsafe conditions. Finally, Part III proposes an alternative remedy: providing a common-law exception to the employment-at-will rule that will give …


Private Injunctive Relief Against Labor Union Violence, Thomas R. Haggard Jan 1983

Private Injunctive Relief Against Labor Union Violence, Thomas R. Haggard

Kentucky Law Journal

No abstract provided.


Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson Jan 1982

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.


The Wandering Labor Exemption Under Antitrust Law, 15 J. Marshall L. Rev. 591 (1982), Joseph M. Jacobs Jan 1982

The Wandering Labor Exemption Under Antitrust Law, 15 J. Marshall L. Rev. 591 (1982), Joseph M. Jacobs

UIC Law Review

No abstract provided.


A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain Apr 1981

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …


Title Iv Of The Labor Management Reporting And Disclosure Act - Should Intervening Plaintiffs Be Permitted To Recover Attorney's Fees?, Martin H. Malin Jun 1979

Title Iv Of The Labor Management Reporting And Disclosure Act - Should Intervening Plaintiffs Be Permitted To Recover Attorney's Fees?, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Binding Interest Arbitration In The Public Sector: Is It Constitutional? May 1977

Binding Interest Arbitration In The Public Sector: Is It Constitutional?

William & Mary Law Review

No abstract provided.


Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case Apr 1977

Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case

University of Michigan Journal of Law Reform

This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.


Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner Apr 1977

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.


A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag Jan 1977

A Critique Of The Justifications For Employee Suits In Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag

Publications

No abstract provided.


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 Oct 1976

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.


De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg Oct 1976

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.


Albemarle Paper Co. V. Moody, Lewis F. Powell Jr. Oct 1974

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Towards A Property Right In Employment, Philip J. Levine Apr 1973

Towards A Property Right In Employment, Philip J. Levine

Buffalo Law Review

No abstract provided.


Toward A Law Of Academic Status, Matthew W. Finkin Jan 1973

Toward A Law Of Academic Status, Matthew W. Finkin

Buffalo Law Review

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 Jan 1971

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.


A Touchstone For Labor Board Remedies, Theodore J. St. Antoine Jan 1968

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …


Labor Law-Arbitration And Award-Judicial Review Of Labor Arbitration Awards Which Rely On The Practices Of The Parties, Michigan Law Review Jun 1967

Labor Law-Arbitration And Award-Judicial Review Of Labor Arbitration Awards Which Rely On The Practices Of The Parties, Michigan Law Review

Michigan Law Review

Modem collective bargaining agreements typically provide for private arbitration as the means of resolving disputes between employees and management over the interpretation and application of the agreement. In the event the arbitrator's decision is challenged in court by the adversely-affected party, the question of how much judicial deference should be given to the private ruling becomes of some importance. The Supreme Court has set out guidelines which purport to define the proper role of courts in such disputes-that role being for the most part one of judicial deference to arbitrator's decisions. Nevertheless, the appropriate scope of judicial review remains unclear. …


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Management And Labor Appraisals And Criticisms Of The Arbitration Process: A Report With Comments, Dallas L. Jones, Russell A. Smith May 1964

Management And Labor Appraisals And Criticisms Of The Arbitration Process: A Report With Comments, Dallas L. Jones, Russell A. Smith

Michigan Law Review

Although arbitration as a means of resolving disputes arising under collective bargaining agreements has received widespread acceptance in this country/ in recent years there has been some evidence of increasing criticism of the process. As part of a research project dealing with the impact of the 1960 Supreme Court decisions in the Warrior & Gulf "trilogy" and the 1962 Sinclair "trilogy," we decided to ascertain how parties are appraising the arbitration process. We report here the more significant results of this survey along with our evaluation of the criticisms and suggestions which were received.


Advocating The Rights Of The Injured, Benjamin Marcus Mar 1963

Advocating The Rights Of The Injured, Benjamin Marcus

Michigan Law Review

When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.


Injunctive Relief For Breach Of A No-Strike Clause Sep 1961

Injunctive Relief For Breach Of A No-Strike Clause

Washington and Lee Law Review

No abstract provided.