The Illinois Business Law Journal

Airline Labor Disputes and the RLA Status Quo Provisions

I. Introduction

On March 7, 2008, the United States Court of Appeals for the Ninth Circuit filed its opinion in the case of International Brotherhood of Teamsters v. North American Airlines. [1] It addressed the question of whether a labor union is entitled to enjoin an air carrier to prevent it from unilaterally altering the working conditions of its pilots, while negotiations for an initial collective bargaining agreement are still pending. [2] The court cited the Supreme Court's interpretation of the status quo provisions of the Railway Labor Act of 1926 in Williams v. Jacksonville Terminal Co., in ruling that unilateral alteration of working conditions are not prohibited in cases where there is no prior collective bargaining agreement, regardless of any pending negotiations. [3] The Teamsters case well illustrates a continuing debate as to whether the Supreme Court's interpretation of the RLA's status quo provisions still adequately serves the RLA's original purpose of promoting peaceable resolution of labor disputes.

Puff-Puff, You're Unemployable

I.  Introduction

An increasing number of employers are refusing to hire smokers in hopes of cutting health insurance costs and increasing productivity. [1] A number of large corporations, including Alaska Airlines, Union Pacific, and the World Health Organization, have instituted formal policies against hiring smokers. [2] This practice has surfaced in a variety of employment industries including health care, government services, education, transportation, lawn care maintenance, and retail services. [3] Though this practice appears to be gaining popularity, the more common method of cutting costs associated with smoker-employees is to provide cessation incentives within the workplace.[4]

Three initiatives that smokers have utilized to combat anti-smoker policies are: 1) assertions of a constitutional "right to smoke," 2) claiming violation of privacy rights by requiring an individual to disclose their smoking habits, and 3) attempts to have nicotine addiction classified as a disability under the Americans With Disabilities Act ("ADA"). [5] All three of these arguments and mechanisms have been largely unsuccessful. [6] This discrimination is perfectly legal so long as employers are not using an individual's smoking status as a pretext for discrimination prohibited by federal and state statutes.[7] Employers must also refrain from engaging in this practice in states with statutes explicitly prohibiting such discrimination. [8] However, it must be noted that the Supreme Court has said nothing as to the legality of this practice. [9] As such, employers engaging in this practice may want to develop secondary plans for cutting costs.

Overtime Pay and White-Collar Exemptions: Seeking Clarification in Light of Recent Revisions

     I.     Introduction

The New York Times recently asked, "In today's perpetual workplace, where downtime has merged with work time, where you can carry your office in your pocket, where collars are no longer distinctly blue or white, how does one measure overtime?" [1] Such questions lead to others, concerning the purpose of overtime pay, the reasons for distinguishing between types of employees, and the role the federal government ought to play in resolving the growing inconsistencies and confusion of the complex structure of overtime law. This article examines recent changes to the overtime laws concerning exemption of white-collar workers and any effects, beneficial or burdensome, that they may have on individual workers and the economy as a whole.

Billable Hours Be Gone: Should the Hourly Billing System Be Replaced?

I. Introduction

Law firms have adjusted to recent generations of associates that demand a better quality of life in conjunction with their careers. [1] A young lawyer wants it all: a successful career, a family, and time for a social-life outside the office. "Work/life balance" has become a buzzword for firms attempting to recruit the best and brightest. Some firms have responded to the needs of working parents who prioritize childrearing by offering reduced and alternative working schedules. [2] Others allow associates to bill some of their time to pro bono work, which increases the esteem of the profession [3] in addition to satiating a young associate's need to make a difference. While programs such as these move toward the much sought after "work/life balance." they may not be enough to truly achieve a happy, well-balanced life.

Legal Outsourcing: The Endangered Associate

For the past 30 years United States manufacturing jobs have been outsourced to foreign countries as a means to save both time and money. [1] Long thought to be immune from outsourcing, American workers in the service industry have also recently been replaced by cheaper, foreign workers. [2] For example, customer service and technical support telephone numbers are often rerouted to call centers in India. [3] As service providers themselves, should lawyers and law student be worried that they may be replaced by a cheaper alternative? Is there a substitute for seven years of higher education and a degree worth six figures in student loans? In actuality, there is, and in-house legal departments and law firms alike are taking advantage of the opportunity.

Diversification in Corporate Law

I. Introduction

In today’s world where every law firm claims to value diversity throughout their ranks and prioritize it as a top concern in recruiting, it is easy to forget that even in the 1960s, Secretary of Labor Willard Wirtz called the American legal profession “the worst segregated group in the whole economy.”  [1] According to a 2003 American Bar Association study, slightly more than 89% of all lawyers in the nation are white.  The overall numbers of women and minorities at the associate level are improving substantially, but the odds of making partner stay low. [2]  Lawyers of color account for less than 5% of partners in all of the largest American law firms, according to the National Association for Law Placement.  [3] White males have five times better odds than women of making partner, and seven times better than Asian-Americans or African-Americans. [4] Minority-owned firms provide a greater likelihood for advancement for many associates towards partnership, and the Clinton administration’s programs worked to create a better environment for such firms. [5] However, in recent years a backslide has occurred; legal and political changes have made it more acceptable for corporations and the government to give short shrift to minority-owned firms. [6]  Still, without pressure from the government, market forces are causing diversity in larger firms to become a business imperative. [7]

 

First Year, Second Chance

For eleven stellar seasons, the CBS hit “The Jeffersons” told the hilarious story of George and Weezie, who had moved on up the socio-economic ladder to “a deluxe apartment in the sky.” [1]  In contemporary legal education, a growing phenomenon parallels George and Weezie’s desire to get a “piece of the pie.” [2] This article will examine the trend of the transfer law student in addition to the successes, complications, and possible prejudices experienced by transfer students in securing employment.

Evolution of Maternalism in Corporate Law

I: Introduction

During the uncertain times of World War II, Harvard University’s president was interviewed concerning the condition of the law school. He stated that it wasn’t bad as he had expected, given the war-time circumstances: “We have 75 students, and we haven’t had to admit any women.” [1]

One would think that the legal industry would have made giant strides towards remedying such primitive opinions. On the contrary, a recent Harvard Law survey of large corporate firms found that some male lawyers still drop pencils under boardroom tables as an excuse to look at women’s legs, and take clients to strip clubs where their female colleagues feel unwelcome. [2] Fortunately, not all firms tolerate such behavior. This article aims to examine the obstacles facing women and mothers in the field of corporate law, and what actions some firms are taking to alleviate their unique burdens. For additional information on mothers in the corporate hiring process, refer to the related article by Tina Liang located here. [3]

A Penny for Your Pounds: U.S. Companies are Paying Overweight Employees to Get into Shape

The Zone, Atkins, liposuction, colonics, the liquid diet...  Many people have tried and failed at losing those last five pounds.  However, would the effort be less frustrating if someone offered you money to lose weight?  Employers across the U.S. have noticed problems associated with overweight employees, and they are hoping that monetary incentives will solve the problems.  This article will first examine the rising healthcare costs in the workplace.  It will then focus on employer efforts to combat these costs.  Finally, the article will explain some cautionary steps that employers should take when implementing weight loss efforts.   

Pestilence, War, Famine, Death...and Unemployment?: An Analysis of the Internet Message Boards' Impact on Law Firm Recruitment

I: Common Sense is Not So Common    

Polished black shoes. Dry-cleaned charcoal gray suit. Freshly pressed royal blue dress shirt. Red power tie. I ran through this checklist for every on-campus interview and call back interview this fall. Emails from my Career Services Office reinforced this sartorial splendor constantly. Eventually I began to notice that the CSO included several new items. “Make sure your Facebook and MySpace profiles do not have/reveal anything incriminating about you. Employers will check before an interview.” Come again? The hiring partner of a Vault 100 firm is going to “friend” me?