Subsidizing contractors to gain employment: construction union "job targeting."
Article Abstract:
The use of job targeting arrangements by construction unions has successfully allowed higher-paid union members to compete for jobs with open shop contractors, but may violate some labor laws. The most obvious challenges to job targeting are the anti-kickback rules in the Bacon-Davis and Copeland Acts. Local and state prevailing wage statutes may also make job targeting illegal, though unions have argued such statutes are preempted by more union-favorable labor laws. Some of these national laws, however, especially those with anti-trust provisions, may be violated by job targeting unions.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1996
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Mandatory arbitration: alternative dispute resolution or coercive dispute suppression?
Article Abstract:
Mandatory arbitration agreements should not be protected under the Federal Arbitration Act, as they are unilaterally imposed by employers and likely violate contract law at the state and federal levels. Many such agreements are drafted by employers and are offered to workers as an all-or-nothing agreement that must be accepted by all employees. Under this logic, contract law and the Federal Arbitration Act would require all arbitration agreements to be voluntary.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1996
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Preserving unionized employees' individual employment rights: an argument against section 301 preemption
Article Abstract:
Federal preemption of state labor law, under section 301 of the Labor Management Relation Act, should be prevented whenever possible. The Supreme Court justifies preemption as a means of maintaining uniformity in labor law and adhering to the use of arbitrators. If state courts used federal law interstitially, both the uniformity of labor law and the deference to arbitration would be maintained, and states' laws would receive the consideration they deserve.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1996
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- Abstracts: Establishing legal accountability for anonymous communication in cyberspace. Fighting words and fighting freestyle: the constitutionality of penalty enhancement for bias crimes
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