{"title":"Legal consequences of nonunion dispute-resolution systems.","authors":"A G Feliu","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>No longer is alternative dispute resolution merely a trendy topic of the conference circuit. For many employers, ADR is now a key aspect of human resources management. A growing number of employers have implemented their own incarnation of alternative dispute resolution; others are actively considering the option; and still others are interested but hesitant for any of a number of reasons. This article explores the legal benefits and drawbacks to implementing internal dispute-resolution systems in the nonunion setting. Special attention is given to the key issue of preclusion--that is, the weight or effect to be given the decision of the internal system in later judicial or administrative proceedings. The article concludes by addressing the question: What is the cost to an employer of chasing the golden goose of preclusion?</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"13 1","pages":"83-103"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21156137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Retiree medical benefit plans and the impact of the bankruptcy filing of LTV Corp.","authors":"M S Melbinger","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In the past two decades, post-retirement medical benefit programs have become a significant feature in the benefits packages of many employers. Soaring medical costs and decreasing work forces have made it increasingly difficult for employers to pay for these programs, while at the same time, Congress has made it more difficult for employers to prefund them. The critical level of unfunded retiree medical liability faced by many companies was brought to prominence when LTV Corp., the nation's second largest steel producer, filed for bankruptcy reorganization and promptly terminated its retiree medical benefit plan.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"12 4","pages":"641-62"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21171355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Doctors and unions: is collective bargaining the cure for physicians' labor pains?","authors":"K B Stickler, M D Nelson","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Increasing governmental regulation, the proliferation of alternative health-care options, and a glut of physicians in some areas have substantially affected the way physicians practice medicine today. Health-care consumers are not the only people affected. Where physicians were once their own bosses, many now find themselves as employers of health-care providers. In this new role, physicians are now considering union representation as a vehicle to assert their interests and concerns. This article examines why some doctors favor unionization, why some oppose it, and the legal implications of unionized physicians.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"13 1","pages":"4-13"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21156136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The prospects for multifacility bargaining units in the health-care industry.","authors":"W E Wiethoff","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The 1974 amendments of the National Labor Relations Act expanded regulation of the health-care industry. Subsequently, as health-care providers have diversified their institutions, the scope of employees' bargaining units has become a confusing issue in labor relations. In the following article, the author reviews relevant post-1974 cases and examines apparently conflicting presumptions about the appropriateness of single- and multifacility bargaining units. The author predicts that, in view of the new \"disparity-in-interests\" standard for determining units, the future interplay of policies, presumptions, and the new standard will favor multifacility bargaining units--if labor and management appreciate their respective opportunities.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"13 2","pages":"322-38"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21152307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Drug testing in the work place: a primer for employers.","authors":"B A Hartstein","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Substance abuse has been linked to numerous problems in the work place, including increased absenteeism and tardiness, increased accident rates and insurance costs, and lowered productivity. One recent study has estimated that the economic costs alone may exceed $100 billion. While employer response in dealing with substance abuse has included a broad range of approaches, including pre-employment inquiries, employee testing, searches of employees and their property, employee assistance programs, and specific personnel policies, drug testing has received the most attention. The following article is devoted to both the practical and legal factors to be considered in implementing a drug testing program.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"12 4","pages":"577-608"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21184601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EEO issues in the health-care field: a roundup of recent developments.","authors":"B A Hartstein","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The rapidly expanding health-care field, like other service areas, has experienced its share of controversy over employment discrimination issues. Recent cases fall into two categories: claims involving traditional EEO questions and claims that reflect the unique nature of the health-care institution. A survey of cases in an array of key areas offers guidance for health-care employers in handling common problems.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"12 2","pages":"241-61"},"PeriodicalIF":0.0,"publicationDate":"1986-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21145406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"AIDS in the work place.","authors":"W L Kandel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"11 4","pages":"678-90"},"PeriodicalIF":0.0,"publicationDate":"1986-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21185991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal implications of employee assistance programs.","authors":"R I Lehr, D J Middlebrooks","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Employers who offer EAPs should be aware of their rights as well as the rights of employees. Appropriate steps should be taken to assure that employees are fully informed of the conditions of participating in a program prior to volunteering for treatment. An issue that must be considered is the confidentiality of information arising during the course of treatment. Several court cases involving the physician-patient relationship offer guidelines in this area.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"12 2","pages":"262-74"},"PeriodicalIF":0.0,"publicationDate":"1986-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21145407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Screening workers for drugs: a legal and ethical framework.","authors":"M A Rothstein","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"11 3","pages":"422-37"},"PeriodicalIF":0.0,"publicationDate":"1985-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21188834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smoking in the work place: a management perspective.","authors":"R L Ashe, D H Vaughan","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In the past, smoking in the private work place has been a matter left largely to the discretion of individual employees and employers. A recent poll of the nation's largest service and industrial companies indicates a strong employer preference for this noninterventionist approach by which employees work out smoking-related problems among themselves. Nonetheless, approximately eight states and four dozen localities have passed legislation regulating smoking in the private work place, apparently in response to the courts' reluctance to order such restrictions where the employer has undertaken reasonable efforts to accommodate smokers and nonsmokers. While these laws vary widely in their language and specifics, they may pose significant practical and compliance problems for employers. In the following article, the authors examine judicial, legislative, and employer responses to work-place smoking issues and discuss the options of private employers for coping with this problem.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"11 3","pages":"383-406"},"PeriodicalIF":0.0,"publicationDate":"1985-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21145151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}