Labor and Employment Law Commons^™

Coercive Conduct And Evidentiary Hearings; Atr Wire And Cable Co. V. Nlrb, Patricia A. Mcintyre

Akron Law Review

Traditionally, the Sixth Circuit Court of Appeals has closely adhered to this strict standard.' It has done so in compliance with one of the foremost policies of the Act - the alleviation of labor unrest by expediently certifying bargaining units. ATR Wire and Cable Co. v. NLRB, "I however, represents the current willingness of the Sixth Circuit to de-emphasize the importance of expediently certifying bargaining representatives. First, the circuit will not hesitate to remand a case with direction to the NLRB to conduct an evidentiary hearing when it determines that the Board adopted the Regional Director's recommendation to certify …

Public Sector Collectice Bargaining In Ohio: Before And After Senate Bill No. 133, Steven B. Chesler, Shawn E. Smith

Akron Law Review

When 1983 ushered in a new administration more sensitive to the glaring absence of such legislation, the passage of a comprehensive public employees' collective bargaining law was clearly imminent. This article will examine the inadequacies of Ohio's law prior to the enactment of Senate Bill No. 133; summarize the provisions of this new statute; and note its impact on public employees and their employee organizations.

Secondary Handbilling: The Need For A New Response, Heather Briggs, Curtis L. Mack

Akron Law Review

This article will examine both the reasoning between the two diverging lines of cases regarding secondary handbilling and picketing, and the possible avenues of relief which might be available to the neutral employer that finds itself caught in the crossfire of a labor dispute.

The Excessive Use Of Presumptions And The Role Of Subjective Employee Intent In Effectuating The Purposes Of The National Labor Relations Act, Stuart Newman, Diane S. Shepherd

Akron Law Review

This article will first examine the origin and development of significant presumptions and second, suggest a method by which the Board could better protect the Section 7 rights of employees without risking destabilization of the collective-bargaining process.

Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas

Akron Law Review

This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.

National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch

Akron Law Review

The National Gay Task Force (NGTF) looked to the courts for relief in challenging an Oklahoma statute which attempted to regulate teachers' speech. National Gay Task Force v. Board of Education of Oklahoma City marks the first time since the beginning of the gay rights movement that the United States Supreme Court has granted certiorari to a case which had homosexuality as its central issue. The result in National Gay Task Force has left both the challengers and the defenders of the Oklahoma statute claiming victory.

The NGTF claims that although the portion of the statute which prohibits teachers from …

Local Number 93, International Association Of Firefighters V. City Of Cleveland: A Consent Decree Is Not An Adjudicated Order For Purposes Of Title Vii, Paul Leslie Jackson

Akron Law Review

This note will examine the decision of the United States Supreme Court in Local 93, International Association of Firefighters v. City of Cleveland, and explore its potential implications in future Title VII actions. The issue the Supreme Court had to decide was whether a consent decree is a form of court ordered relief for purposes of Title VII litigation.

The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam

Akron Law Review

In Part I, this comment traces the evolution of workers' compensation laws in this country with particular emphasis on the development of the Act in Ohio. In Part II, the relevant caselaw is discussed, including Blankenship v. Cincinnati Milacron Chemicals, Jones v. VIP Development Company, and their progeny which led to the enactment of Senate Bill 307. In Part III, Bill 30710 is considered along with its implications for the injured worker.

Employment At Will In Ohio: Working From Within, Brian Wilson

Akron Law Review

This comment seeks to measure the parameters of Ohio's exceptions to the at-will rule in relation to other states' views on this issue. Also included is an examination of the interplay between the legislature and the judiciary in affecting change in Ohio. A proposal designed to "solidify" the public policy exception to the at-will rule after Phung v. Waste Management, Inc., a recent Ohio Supreme Court case, will also be presented.

Title Vii: Legal Protection Against Sexual Harassment, Arthur J. Marinelli Jr.

Akron Law Review

The purpose of this article is to examine early case law and recent court decisions involving sexual harassment, especially Meritor v. Vinson. The article will discuss employer avoidance of liability under the EEOC guidelines and will urge employers to implement steps to investigate, prohibit, and sensitize supervisors to sexual harassment.

Rocky River V. Serb: Second-Guessing The State Legislature, Timothy D. Rudy

Akron Law Review

This note discusses why Rocky River was wrongly decided as a matter of constitutional adjudication and why it is likely to be overruled, irrespective of a personnel change on the court. The note concludes that the decision, written by Chief Justice Thomas Moyer, was weak and based on questionable policy. The majority misapplied recent precedent on local government's home-rule powers, ignored another provision of the state constitution granting the state legislature unlimited authority in the field of public employee welfare, and ignored the stare decisis effect of its recent decisions which found the Act was a general law of statewide …

The Respective Burdens Of Proof In Title Vii Cases: Price Waterhouse V. Hopkins Confuses The Issue, Gregory T. Rossi

Akron Law Review

employed women, and other minorities throughout the United States. The opinion has several significant aspects. First, the case defines the respective evidentiary burdens of a plaintiff-employee and defendant-employer in a Title VIP suit, when the plaintiff-employee has shown that the defendant-employer's employment action resulted from a consideration of legitimate and illegitimate factors (i.e., "mixed motive case"). Second, the express allocation of the burdens of proof resolved a conflict among the various Courts of Appeals. Third, the Court failed to issue a majority opinion. This is significant in light of the current republican administration and its influence on what is now …

Watson And Subjective Hiring Practices: The Continuing Saga Of Industrial Psychology, Title Vii And Personnel Selection, Daniel L. Bell

Akron Law Review

This comment will analyze Watson from both a legal and industrial psychological perspective. Part one of the comment discusses the legal impact of Watson. First, the Supreme Court's analytical framework for Title VII discrimination claims is presented. Next, Watson is analyzed in the context of prior case law to consider its potential impact on employment discrimination litigation.

Part two concentrates on the role of industrial psychology in the Watson decision. First, the comment introduces industrial psychology. The association of industrial psychology, Title VII, and personnel selection is presented next. Finally, the comment presents current industrial psychological research concerning several …

Chalk V. United States District Court Central District Of California: A Major Victory For Aids Employees Under The Federal Rehabilitation Act Of 1973, Janet A. Michael

Akron Law Review

This note will first review the facts of Chalk v. United States District Court Central District of California and will present a broad overview of AIDS, outlining current medical knowledge of the disease. Second, this note will analyze the Rehabilitation Act, examining regulations, legislative history, and case law interpreting the Act. Finally, this note will analyze the impact of Chalk on future employment cases.

The Legal Chokehold: Professional Employment In Ohio Under The Employment-At-Will Doctrine, Lorraine K. Phillips

Akron Law Review

This article seeks to present the employment-at-will doctrine and the theories of its erosion. In particular, the article will examine Ohio case law from a practical perspective, with emphasis on which theories are most likely to provide successful arguments around the employment-at-will rule. In addition, the article will reveal trends and possible future proposals to deal with employment disputes

Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.

Akron Law Review

The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.

This section focuses on the issue of teenage greed. First, the …

Employment At Will And Public Policy, Frank J. Cavico

Akron Law Review

The purposes of this article are to examine the current public policy case law, commentary, and related statutes, to explain and interpret in detail this significant area of employment law, and to propose a just principle to govern the discharge aspect of the employment relation.

United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry

Akron Law Review

In United Auto Workers v. Johnson Controls, Inc., the U.S. Supreme Court was faced with the task of deciding whether women's childbearing capacity could be used to limit women's job choices and opportunities within certain industrial/ manufacturing fields. The Court decided that the ability to bear children could be used to so limit women, but only if the employer met a high standard. In Johnson Controls, employees who worked in a toxic work environment sought a determination that their employer's fetal protection policy discriminated on the basis of sex in violation of Title VII of the Civil Rights Act …

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.

Beyond Crosby V. Beam: Ohio Courts Extend Protection Of Minority Stockholders Of Close Corporations, Kathleen L. Kuhlman

Akron Law Review

This Comment explores the possible ramifications of viewing working minority shareholders as term employees on both close corporation law and at-will-employment law in Ohio. Part I discusses the background and emergence of the heightened fiduciary duty owed by the majority stockholders to the minority stockholders in closely held corporations and the resultant protection of the minority. Part II discusses the current standing of the employment at-will doctrine and what protections exist for at-will employees in Ohio. Part III examines recent Ohio case law that compares close corporation employment with at-will-employment and analyzes the courts' reasoning behind creating a new exception …