Collective Bargaining, Labor Arbitration and the Lawyer

The role of the lawyer in labor arbitration must be appraised in the light of his function in society generally and the unique demands of the institution of collective bargaining, of which arbitration has become an integral part. The role of the lawyer generally is to assist in resolving conflicts among individual and group interests within a framework of rules developed by the common law or by legislation, as interpreted and applied by courts and administrative agencies. Operating within that framework, the lawyer advises his client whether and how he can accomplish his immediate objective. The professional skills which he employs include analysis and advice, negotiation with opposing interests, drafting contracts or other documents, and advocacy before a court or administrative agency. In applying these skills to ordinary conflicts, the lawyer as a rule feels no responsibility to the institution of which his client is a part--banking, insurance, real estate and the like. He does not usually concern himself with the impact of his advice or actions upon the interests of his client\u27s adversary, third parties or the public, or upon the long range economic or social interests of his own client, such as the possibility of losing a valuable customer or status in the community by starting a lawsuit. There may be exceptions, as in the case of a lawyer advising a client against filing a petition for divorce because of his concern for the institution of marriage or for the welfare of children who may be involved. By and large, however, the lawyer leaves questions of institutional interests or economic or social values unanswered, without feeling remiss in the performance of his professional obligations

LEGISLATIVE ATTACK ON HEART BALM

Public resentment over the abuses incident to heart balm suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals

The National Labor Relations Act and Collective Bargaining

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty to bargain collectively under the National Labor Relations Act, in order to ascertain and appraise their direction

Disturbance and Predictability of Flowering Patterns in Bird-Pollinated Cloud Forest Plants

The distribution and flowering patterns of hummingbird—pollinated plants were compared from July 1981 to June 1983 in three patch types in cloud forest at Monteverde, Costa Rica. Study plots were: (1) four recent, large (1100—2500 m2) disturbances ("cutovers") produced by cutting vegetation, (2) six recent, smaller (200—600 m2) disturbances caused by treefalls, and (3) four plots (1600—1800 m2) of canopied forest. Based on published literature dealing with communities that characterize different regimes of disturbance, we tested one assumption and two hypotheses. Assumption: Plant species composition differs among the three patch types. Hypothesis 1: Phenotypic specialization by plants for co—evolved interactions with hummingbirds will be lowest in large gaps, highest in forest, and intermediate in treefalls. Hypothesis 2: Predictability of flowering phenologies and nectar production will be lowest in large gaps, highest in forest, intermediate in treefalls. Neither the assumption nor the hypotheses were supported by the results. The patch mosaic in this cloud forest was not associated with major differences in species composition of bird—pollinated plants. Most species studied were self—compatible. Most abundant in cutovers were species with long corollas, relatively specialized for attracting long—billed hummingbirds. Species with short corollas, which can be visited by many hummingbird species and some insects, were most abundant in treefalls and forest. Variation in phenological patterns showed no consistent trends among patch types. Predictability of flower and nectar production tended to be greatest in treefalls, which are foci of concentrated flowering activity by all species. Discrepancies between our results and previous studies can be ascribed to two facts. (1) Much of the literature dealing with ecological consequences of disturbance has dealt with large—scale anthropogenic disturbances such as old fields of the eastern USA, whereas we studied small, natural, or quasi—natural disturbances. (2) Studies of forest disturbance have focused on the tree layer, whereas we studied the understory herbs, shrubs, and epiphytes. Natural disturbance usually involves death and replacement of one or more trees, whereas individuals of other life forms may persist through the disturbance

Age, coloration and dominance in nonbreeding hummingbirds: A test of the asymmetry hypothesis

During the nonbreeding season, adult Anna and black-chinned hummingbirds ( Calypte anna and Archilochus alexandri ) have lower defense costs and more exclusive territories than juveniles. Adult C. anna are victorious over juveniles in aggressive encounters, and tend to monopolize the most temporally predictable resources.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/46906/1/265_2004_Article_BF00300667.pd