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

handle is hein.journals/laboemplo19 and id is 1 raw text is: 


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                                                                              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)


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