Workers' Compensation Law Commons^™

Time Is Money--But Is It Compensable Work? An Analysis Of Ibp, Inc. V. Alvarez, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case IBP, Inc. v. Alvarez, 546 U.S. 21 (2005). The issues raised in that case were: Is the time employees spend walking and waiting in line during the process of donning and doffing required safety equipment considered compensable work such that employers must pay them for that time?

Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.

Foreword: Health In The Workplace, Barbara J. Fick

Journal Articles

This article is a brief foreword to the 1987 Notre Dame Law Review Symposium Issue.

Workmen's Compensation: Third Party Actions And The Apportionment Of Attorney's Fees, James B. Atleson

Journal Articles

No abstract provided.

Review Of Drafting A Union Contract By Leroy Marceau, Joseph O'Meara

Journal Articles

The distinguished and experienced labor law counsel to the Standard Oil Company of New Jersey has written an amazingly detailed reference work dealing with the mechanics of drafting collective bargaining agreements. The book is almost free of substantive references. Its approach to the problem of drafting a collective bargaining agreement is not unlike that taken to composition in general by William Strunk, Jr.'s famous The Elements of Style.

Drafting a Union Contract is detailed beyond expectation, perhaps beyond necessity. It is an excellent primer for anyone setting out to become a draftsman of sizeable legal documents, whether labor agreements or …

Foreword, Joseph O'Meara

Journal Articles

Power to bring the nation's economy to a virtual standstill cannot be immune from legal accountability. That such power is lodged in some, at least, of the great national and international labor unions has been demonstrated repeatedly, most recently by the United Steelworkers. One can be wholly sympathetic with labor's aspirations and still reject the notion that the nation's economic health and safety should be dependent upon unilateral decisions by a group of private individuals—union members and their leaders—decisions taken for their own ends, however legitimate. So vast a power—terrifying in its potentialities—must be brought under reasonable legal controls.

The …

Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes

Journal Articles

As late as 1893, state courts were not required to apply federal maritime law to common-law proceedings involving maritime subjects; each jurisdiction developed, somewhat incidentally, its own system of substantive law. The elimination of the general maritime law as an inhibition on state regulation of the employment relationship would have resulted in the complete debilitation of the Longshoremen's Act, since state law could "validly" be applied in the whole field. The judiciary's interest shifted towards according the injured worker and his family adequate means of availing themselves of the compensatory relief that is provided by federal and state governments. The …

Review Of The Administration Of Workmen's Compensation By Ray Andrews Brown, Thomas Frank Konop

Journal Articles

In this article, Thomas Frank Konop reviews The Administration of Workmen's Compensation by Ray Andrews Brown, and his suggestion for a public legal adviser to the many applicants for compensation who are not represented by attorneys, would correct some of the legally doubtful practices, assure greater respect in the Commission's decisions and lessen criticism.