Hugh Beins, Jack Gallagher, George Nicolau, James C. Oldham, Richard T. Seymour, Alan A. Symonette
January 16, 2006 Proceedings Database
A historical perspective of labor law during the 50-years of the Academy’s existence, including the Taft-Hartley Act; the publication of arbitrators’ awards; The Proceedings of the Academy; the development of workers’ protection against unjust dismissal; and the implications of “management rights.”
Howard Block proposes that courts should no longer adhere to the employment-at-will doctrine in the private sector; that legislation protecting private sector employees against unfair dismissal is overdue; and that federal legislation should be adopted, prescribing minimum procedural and substantive standards in wrongful termination cases (applicable in the absence of more comprehensive state law).
A review of wrongful discharge litigation in California, and of the judicially-recognized exceptions to the common-law principle of employment at will. Unfair dismissal legislation is advocated as serving the interests of employees, employers and the public. Experience with unfair dismissal legislation in Canada and Europe is reviewed and concerns of unions and the plaintiffs’ bar …