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The Inevitable Interplay of Title VII and the National Labor Relations Act: A New Role for the NLRB
Peer reviewed Peer reviewed
University of Pennsylvania Law Review, 1974
The impact of Title VII of the Civil Rights Act of 1964 on seniority and the treatment of employment discrimination under the National Labor Relations Act of 1935 are examined. It is argued that in the area of seniority the National Labor Relations Board (NLRB) has a new role to play in avoiding conflicts between the two acts. (JT)
Descriptors: Collective Bargaining, Court Litigation, Employment Practices, Equal Opportunities (Jobs)
Toward Rationality in Discriminatory Discharge Cases: The Impact of Mt. Healthy Board of Education v. Doyle upon the NLRA.
Peer reviewed Peer reviewed
DuRoss, William H., III – Georgetown Law Journal, 1978
It is argued that the court test requiring that anti-union bias be the dominant motive in employment decisions is mandated by the legislative history of the National Labor Relations Act. This argument is applied to the Doyle case, which involved a public school teacher and burden of proof of discriminatory discharge. (LBH)
Descriptors: Constitutional Law, Court Litigation, Employer Employee Relationship, Employment Practices