Dennis R. Nolan

Privacy and Profitability in the Technological Workplace

VI. Conclusion New communications technology inevitably creates new problems of privacy; think of the introduction of telephones (when party lines were common), faxes (which can lie in a room accessible by many people before reaching the addressee), and cell phones (which allow bystanders to hear one side of seemingly confidential communications). Computer monitoring of performance, e-mails, and Internet access are no different in this regard. Each development requires adjustments.

Toward a theory of “just cause” in employee discipline cases

In this theoretical article, Professors Abrams and Nolan present the first comprehensive theory of “just cause,” the universal standard employed in collective bargaining agreements to protect employee job security. They examine the fundamental understanding reached by workers and management when employees are hired and then explore the legitimate expectations of both labor and management in the employment setting. The article then applies the theory in a variety of common arbitration scenarios.

The Common Law of the Labor Agreement: Vacations

In this article, Professor Abrams and Nolan continue their review of the common topics addressed by labor arbitrators. Vacations are a particularly challenging matter involving work qualification requirements and calculations of benefits issues. Abrams and Nolan suggest ways labor and management can design their vacation systems to avoid later problems in arbitration.