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STETSON LAW REVIEW - 24-1 Fall; (1994)

Labor Law Symposium

VOLUME 24

Fall 1994

NUMBER 1

Symposium Overview - 1994 Critical Issues in Labor and Employment Law

W. Gary Vause

TNS, Inc. - The National Labor Relations Board's Failed Vision of Worker Self-help to Escape Longterm Health Threats from Workplace Carcinogens and Toxins

C. John Cicero

Professor Cicero analyzes the NLRB's decision in TNS, Inc., involving novel issues under § 502 of the Labor Management Relations Act and the right to strike over abnormally dangerous working conditions. He discusses the fundamental principles and unstated assumptions about the employment relationship underlying both the TNS decision and the prevailing hierarchical view of the workplace. Professor Cicero argues for a new interpretation of the employment relationship where the status of employees is transformed so as to better protect their interests, especially job safety and health.

The Impact of Dubuque Packing Co. upon the Collective Bargaining Practices of Attorneys and Their Clients

Lorraine Schmall, Charles Cappell

Professors Schmall and Cappell discuss the foundations and purposes of the National Labor Relations Act and examine the history of the Act's judicial interpretation concerning collective bargaining over company relocations. They reveal and discuss the results of their recent survey of American labor/management attorneys regarding Dubuque Packing's effects on collective bargaining.

The Continuing Controversy over Labor Board Deferral to Arbitration - An Alternative Approach

Gerald E. Berendt, David A. Youngerman

Professor Berndt and Judge Youngerman discuss the proper allocation of responsibility between arbitrator and labor board to interpret the contract and relevant statute when a matter gives rise to both an unfair labor practice and grievance. They then offer the Illinois Educational Labor Relations Board's approach as set forth in its University of Illinois decision as a principled alternative to the NLRB's competing doctrines.

Employees with Mental and Emotional Problems - Workplace Security and Implications of State Discrimination Laws, the Americans with Disabilities Act, the Rehabilitation Act, Workers' Compensation, and Related Issues

Janet E. Goldberg

Ms. Goldberg discusses legislation and precedent defining and protecting the rights of employees with mental and emotional problems and delineating employers' concomitant responsibilities. She examines the conflict possibly arising between disabled employees' rights and workplace security and analyzes the impact of related issues, such as state discrimination laws and workers compensation. Ms. Goldberg suggests several preventive strategies that employers can utilize to balance these rights effectively within statutory guidelines.

Evolving Concepts in Management Prerogatives: Plant Closures, Relocations, and Mass Layoffs

Stephen D. Ake

Mr. Ake discusses the Worker Adjustment and Retraining Notification Act's basic notice requirements and the collective bargaining duty applicable to management when it closes a facility or implements a mass layoff. He then compares recent courts of appeal and NLRB opinions to Supreme Court precident in an attempt to ascertain the appropriate test management should employ when determining whether to collectively bargain with unionized employees regarding decisions to relocate or partially close its business.

The Shareholders' Agreement: A Contractual Alternative to Oppression as a Ground for Dissolution

Hunter J. Brownlee

Mr. Brownlee argues that involuntary dissolution is inefficient as either a remedy for or deterrent of oppression. He asserts that shareholders in close corporations should contractually protect themselves against oppressive conduct when they incorporate a business or purchase its shares.

Stetson Law Review • 1401 61st Street South • Gulfport, Florida 33707
phone: (727) 562-7800 ext. 7955 • fax: (727) 347-4873 • lrmarked@law.stetson.edu

Stetson University College of Law
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Gulfport, Florida 33707-3299
727-562-7800
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