The Supreme Court and the duty of fair representation
Article Abstract:
The Supreme Court has neglected to develop a standard of care for unions' handling of employee grievances. The court created a duty of fair representation (DFR) for unions, but has manipulated it to obtain desired results instead of applying it systematically to grievance procedures. In Communication Workers of America v Beck (1988), the court applied DFR to an unrelated matter of revenue spending. A union should be held to a standard of reasonable care when representing an individual employee in grievance proceedings. If there is a breach of DFR, the grievance should be remanded.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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A Jeffersonian nightmare: the Supreme Court launches a confused attack on the Establishment Clause
Article Abstract:
The US Supreme Court's focus on denominational neutrality in Rosenberger v. Rector & Visitors of University of Virginia promotes the entanglement of religion and government and undermines the separation of church and state under the Establishment Clause. The Court found the university's denial of funding to a student-run religious newspaper to violate the free speech rights of the students because the denial was content-based. The Court also failed to provide lower courts with a clear definition of the types of religious activities that trigger Establishment Clause scrutiny.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1996
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Legitimizing community consent to local policing: the need for democratically negotiated community representation on civilian advisory councils
Article Abstract:
The author reviews existing models for community representation on civilian police review boards. He advocates separating oversight into supervisory and advisory roles involving newly-created civilian review agencies and advisory councils.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 2001
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