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19 Lab. & Emp. L. 1 (1990-1991)

handle is hein.journals/laboemplo19 and id is 1 raw text is: ... .... ... . . ... .... ... ..... ...... . .... . ... ... . .. . ........ ... .... ......... ... ... ..... . . ..... ... .. . ... .. . . .... .. . .... . ...... . .... . .... .... . .... ........ ... ...... . .. ... ................ ........ ... ... .. . . . ...... .. .. . ........ .. .... .. . ..... ..... . . . ... . . ...... . . ..... .. . . .... ..... .. .. .. .. . .. ... ........ .. .. .. . ..... . ... .... . . ... .. . .. ........ . ... ... . .. ... . .... .. - . .. . .... .... . .. ..... . . . ..... . . .. ..... .. .... ... ....... ... ..... .. .. .. .... . . .... . .. ... .. ... .. ... .. . ..... .. ... . . ..... ... . ... ... ..... . ..... ... .... .. ... .. ... .... ... .. . . .... ... ... . .. ..... .. ... .. .... ... ..... .... . . . . ...... ... ... . .. ... ... ... ... ...... . . . . . . .... ...... . ... .... .. ... .. .... . . .. . .. .... ...... ... ... .. .. ........... .. ..... .. . ........ .. ... .. ..... ...... .... .. INIUMBER 1, FALL 1990 VOLUME XC', SECTION OF LABOR AND EMPLOYMENT LAW OF THE AMERICAN BAR ASSOCIATION 750 NORTH LAKE SHORE DRIVE, CHICAGO, ILLINOIS 60611 McCallaand Mazurak Take Office Capuano and Hartley Elected At the August 19, 1990 Annual Meeting in Chicago, Robert K. McCalla of New Orleans, designated Chair-Elect the year before in Honolulu, took office as Chair of the Section; Professor Stephen A. Ma- zurak of the University of Detroit, designated Sec- retary-Elect of the Section, became Section Secretary; Donald J. Capuano of Washington, D.C., became Chair-Elect; and Professor Roger Hartley of Washington, D.C., was designated Secretary- Elect. Robert W. Kopp of Syracuse, New York was At the ABA Midyear Meeting held on February 7- 14, 1990, the Section of Individual Rights and Re- sponsibilities presented a recommendation to the ABA House of Delegates to endorse the 1990 Civil Rights Act. This measure was ap- proved by the House of Del- egates. The House of Dele- gates rejected an effort by the Labor and Employment Law Section to have the issue sub- mitted to our Section for re- view and comment in view of our expertise in the area. This ABA position has been cited Robert K. McCaIla repeatedly to Congress in support of the legislation. Recently the ABA Director of Governmental Af- fairs, Robert D. Evans, wrote a letter to each U.S. senator stating that the legislation would not lead to quotas, and expressing ABA support for the ex- pansion in Title VII remedies. ABA's endorsement of this legislation, and other equally controversial measures, has raised ques- tions about the role the Labor and Employment Law Section should be playing in attempting to influ- ence decisions by the ABA regarding its involve- ment in such issues. Under the ABA Constitution, the 450-member House of Delegates is the principal policy-making body for the ABA. A majority of the delegates are Copyright © 1990 American Bar Association elected to a three-year term as Section Delegate to the House of Delegates, to succeed Evan J. Spel- fogel. Lee M. Burkey, Sr. of Chicago, and Allan L. Bioff of Kansas City, were elected to three-year terms as Section Governance Liaisons. Elected to four-year terms on the Council were Christopher A. Barreca of Fairfield, Connecticut; Robert M. Dohrmann of Los Angeles; Kathy L. Krieger of Washington, D.C.; Sorrell Logothetis of Dayton, Ohio; and James C. Paras of San Francisco. U elected by ABA members in the states, and from state and larger local bar associations. Additional- ly, each Section of the ABA has a certain number of delegates. For example, the Labor and Employ- ment Law Section has approximately 17,000 mem- bers and is allocated two delegates to the House of Delegates. Obviously, with only two delegates, our Section's ability to impact action by the House of Delegates depends primarily on the credibility we have with other delegates as a result of our expertise in labor and employment law, and our ability to make a persuasive presentation. To this end, we have adopted procedures which will facilitate our ability to effectively articulate Section positions on issues within our Section's ex- pertise. The procedures recognize the uraion-man- agement dichotomy within the Section, and where consensus on an issue cannot be reached, permit the management and union attorneys to articulate their positions separately. In the end, efforts to im- pact positions by the ABA must be achieved through the 450 members of the House of Delegates. There is no mechanism within the ABA to pre- vent a Section from exercising jurisdiction over substantive issues which arguably are within the ju- risdiction of another Section. Because of the over- lapping jurisdiction among the Sections, frequently other Sections initiate efforts to have the ABA or that Section take public positions on legislation or (continued on page 16) Produced by the ABA Press

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