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Appropriate bargaining units in health-care institutions: the disparity of interests test. 医疗机构中适当的议价单位:利益差异检验。
Employee relations law journal Pub Date : 1985-01-01
T P Brown
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引用次数: 0
Retiree health and welfare benefits: controversy over their duration. 退休人员健康和福利待遇:对其持续时间的争议。
Employee relations law journal Pub Date : 1985-01-01
T J Barnes, C S Mishkind
{"title":"Retiree health and welfare benefits: controversy over their duration.","authors":"T J Barnes,&nbsp;C S Mishkind","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As the cost of providing health-care benefits skyrockets, employers have begun to reduce or even to terminate health-care and life insurance benefits for retirees, often with little awareness of the possible repercussions. Retiree groups and unions have countered these actions with claims based on such theories as the \"status benefits\" argument--that retirement benefits should be viewed as earned compensation for years of service--or the \"vested rights\" view--that retirement rights may not be altered without the pensioner's consent. Crucial to these conflicts are the terms of the collective bargaining agreement. Case law indicates that employers can never feel themselves fully protected even if the agreement contains provisions explicitly stating the benefits' scope and duration. The authors demonstrate this point in their review of recent retiree benefits cases. They then explore in detail the problem of contract and document ambiguity, and offer guidelines for ascertaining intent. They conclude with a discussion of strategies for litigating retiree benefits cases.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"10 4","pages":"584-614"},"PeriodicalIF":0.0,"publicationDate":"1985-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21142684","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}
引用次数: 0
Smokers vs. nonsmokers in the work place: clearing the air. 在工作场所吸烟与不吸烟:净化空气。
Employee relations law journal Pub Date : 1984-12-01
D Massengill, D J Petersen
{"title":"Smokers vs. nonsmokers in the work place: clearing the air.","authors":"D Massengill,&nbsp;D J Petersen","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As the antismoking movement grows, employees are becoming more vociferous about their right to a work environment free from tobacco smoke and its toxic effects. In response to these concerns, ordinances regulating smoke in public places and in some cases banning it altogether have been passed in several states and some cities. Likewise, courts have addressed the issue of nonsmokers' rights in the work place. In the following article, the authors examine the scope of regulation thus far and the prospect of future regulation on smoking in the work place. They also examine court, National Labor Relations Board, and arbitration decisions that have dealt with the rights of smokers and nonsmokers.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"10 3","pages":"505-23"},"PeriodicalIF":0.0,"publicationDate":"1984-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21169105","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}
引用次数: 0
Their own brand of industrial justice: arbitrators' excesses in discharge cases. 他们自己的工业正义品牌:仲裁员在解雇案件中的过度行为。
Employee relations law journal Pub Date : 1984-01-01
J R Phillips
{"title":"Their own brand of industrial justice: arbitrators' excesses in discharge cases.","authors":"J R Phillips","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"10 1","pages":"48-60"},"PeriodicalIF":0.0,"publicationDate":"1984-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21134090","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}
引用次数: 0
Hospital strikes: complying with NLRA notice requirements. 医院罢工:遵守NLRA通知要求。
Employee relations law journal Pub Date : 1984-01-01
J G Kruchko, J R Fries
{"title":"Hospital strikes: complying with NLRA notice requirements.","authors":"J G Kruchko,&nbsp;J R Fries","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Section 8(g) of the National Labor Relations Act, added in the 1974 amendments to the Act, requires a labor organization to give an employer in the health-care field ten days' notice of an intended strike or picketing. The purpose is to allow the health-care employer time to make arrangements to ensure the continuation of health-care services to critically ill patients. Failure of a union to give this notice constitutes a violation of the Act, and individuals who engaged in the activity may, as a result, lose their status as employees under the Act. In the following article, the authors examine the requirements of section 8(g) and the case law interpreting this statute. They suggest likely future interpretations of this law and make practical suggestions for responding to strikes in the health-care setting.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"9 4","pages":"566-79"},"PeriodicalIF":0.0,"publicationDate":"1984-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21137437","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}
引用次数: 0
Title VII retaliation claims. 第七章报复索赔。
Employee relations law journal Pub Date : 1984-01-01
M K Denis
{"title":"Title VII retaliation claims.","authors":"M K Denis","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Section 704(a) protects employees who engage in activity aimed at remedying employment practices they believe to be unlawful. Such activity may take the form of participation in governmental investigations or proceedings, or expressing opposition to an employer's practices through internal complaints to management, circulating petitions among employees, directly challenging an employer's affirmative action plan, etc. As the Ninth Circuit's recent Crown Zellerbach decision demonstrates, employers must proceed with caution before taking disciplinary action against an employee who engages in arguably protected 704(a) activity. The following article discusses employee activity protected by section 704(a) and examines various employer defenses and concerns in a retaliation case.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"9 4","pages":"642-58"},"PeriodicalIF":0.0,"publicationDate":"1984-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21137439","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}
引用次数: 0
Wrongful termination lawsuits: the employers finally win a few. 不当解雇诉讼:雇主最终赢了几场。
Employee relations law journal Pub Date : 1984-01-01
R H Baxter, J D Wohl
{"title":"Wrongful termination lawsuits: the employers finally win a few.","authors":"R H Baxter,&nbsp;J D Wohl","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Much attention has been given of late to the erosion of the \"employment-at-will\" doctrine. Exceptions to this doctrine began to emerge when courts held that at-will employees could sue if their termination violated public policy. The at-will doctrine was further eroded by court rulings that a contract requiring good cause in order to terminate could be inferred from employee handbooks, company personnel policies, and circumstances of employment. As the initial flood of wrongful termination lawsuits now reaches the appellate level, some guidance on the standards employers must observe can be drawn from court decisions. The authors examine these decisions as well as the legislative reform being proposed in response to them.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"10 2","pages":"258-75"},"PeriodicalIF":0.0,"publicationDate":"1984-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21140416","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}
引用次数: 0
An 'enlightened' view of employee committees under the Taft-Hartley Act. 对《塔夫脱-哈特利法案》下的员工委员会的“开明”看法。
Employee relations law journal Pub Date : 1983-12-01
M J Klaper
{"title":"An 'enlightened' view of employee committees under the Taft-Hartley Act.","authors":"M J Klaper","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The Sixth Circuit Court of Appeals recently ruled, in NLRB v. Streamway Division of the Scott and Fetzer Co., that an in-plant representation committee, unilaterally established by the employer, was not a labor organization. Until 1959, when the Supreme Court decided NLRB v. Cabot Carbon. \"labor organization\" was narrowly construed, based on the traditional adversary model of labor relations. With Cabot Carbon, and some later Board decisions, the definition has broadened. Now, at a time when many employers are turning to employee committees, quality circles, etc., as ways of improving relations with employees, the Streamway decision takes on particular significance. In the following article, the author examines the statutory basis for determining whether an employee committee is a labor organization, within the meaning of the National Labor Relations Act. He also discusses the judicial and Board precedent for the more liberal definition of \"labor organization\" set forth in Streamway.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"9 3","pages":"474-84"},"PeriodicalIF":0.0,"publicationDate":"1983-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21134639","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}
引用次数: 0
Court acceptance of Uniform Guidelines provisions: the bottom line and the search for alternatives. 法院接受统一准则的规定:底线和寻找替代方案。
Employee relations law journal Pub Date : 1983-01-01
D E Thompson, P S Christiansen
{"title":"Court acceptance of Uniform Guidelines provisions: the bottom line and the search for alternatives.","authors":"D E Thompson,&nbsp;P S Christiansen","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"8 4","pages":"587-602"},"PeriodicalIF":0.0,"publicationDate":"1983-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21128970","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}
引用次数: 0
Protected activities of nonunion employees. 非工会雇员受保护的活动。
Employee relations law journal Pub Date : 1983-01-01
M T Boyce
{"title":"Protected activities of nonunion employees.","authors":"M T Boyce","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The vast majority of American workers are nonunion and therefore unprotected by many of the mechanisms established through collective bargaining. They are protected to some degree, however, by a number of statutes and evolving legal doctrines that limit the employer's right to hire, fire, or otherwise discipline its nonunion people. The most elemental of these limitations is embodies in the National Labor Relations Act: section 7 protects the concerted activities of nonunion employees, section 8(a)(1) makes it an unfair labor practice for an employer to interfere with the section 7 rights of its employees; and section 10(c) grants the National Labor Relations Board broad remedial powers to correct violations, including the power to reinstate workers with or without back pay. The following article will examine this basic protection of nonunion employees and will point out those areas in which the Board has attempted to expand the scope of section 7's protection.</p>","PeriodicalId":79590,"journal":{"name":"Employee relations law journal","volume":"9 2","pages":"292-307"},"PeriodicalIF":0.0,"publicationDate":"1983-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"21133368","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}
引用次数: 0
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