9 Lab. & Emp. L. 1 (1978-1979)

handle is hein.journals/laboemplo9 and id is 1 raw text is: 








he Labor Relations Law LeferQ

SeCtiOn 01 Labor Relalions Law Of the Amwrlcan Bar Associalon
                                                                    1155 E. 60th St., Chicago, Illinois 60637


VOLUME IX, NUMBER 1, APRIL 1978


           CHAIRMAN'S COMMENT
As we head into the home stretch of the Section year,
several developments are worthy of comment.
  I was deeply honored to be invited by President
Carter to attend the special
ceremony at the White House
on February 23 for the unveiling
of his plan to reorganize the     -s 4-;:
EEO functions of various ex-
ecutive agencies. This event,
while personally gratifying, ac-
tually was recognition of the
Section in this critical area and
will help to establish us as a
group whose expertise should
be sought when matters of        Jay S. Siegel
employee and labor relations of substance are in-
volved. Howard Glickstein, Director of the President's
Task Force on the Reorganization, had solicited the
views of our EEO committee on the various proposals
under consideration and it was an interesting ex-
perience for the co-chairpersons of our committee and
the subcommittee members who furnished input to
the Task Force.
  As an outgrowth of the above developments, we
were specifically asked by the Office of Management
and Budget to submit comments on the President's
Plan to the Congress. Therefore, late in March, the
Section, following Council approval, publicly ex-
pressed its views. Although it has become almost
routine for other ABA Sections to offer comments to
various governmental bodies, our Section has always
refrained from doing so, primarily because we have
been unable to reach a consensus. However, in line
with my earlier comments that we should use our ex-
pertise in areas where we can reach agreement, it was
very gratifying to obtain Council agreement on a state-
ment of views which was submitted to the Senate
Governmental Affairs Committee headed by Senator
Ribicoff.
  The full text of the position statement approved by
the Council is printed elsewhere in this Newsletter.
While it may not meet with everyone's full satisfac-
tion, it does represent a step in the direction of re-
turning the Labor Relations Law Section to the main-
stream of the ABA. The statement of views was
                            (continued on page 5)


   COUNCIL VOICES LIMITED APPROVAL
            OF CARTER EEO PLAN
President Carter's plan to reorganize the govern-
ment's equal employment opportunity     activities
received support as greatly improving efforts to
eradicate discrimination  in  employment, the
American Bar Association's Section of Labor Rela-
tions Law has told the Congress.
  The reorganization plan is a step in the right di-
rection to better marshal the government's resources
to achieve the national objective of an equal chance in
employment, Jay S. Siegel, Section Chairman, said
in a statement submitted to the Senate Governmental
Affairs Committee.
  The statement, (see, page 3 infra) which was ap-
proved by the Section's Executive Council, was
presented only on behalf of the 10,000-member Sec-
tion. The ABA House of Delegates, the Association's
policy-making body, has not taken any action on the
plan.
  While the Section's position generally supported
consolidation of responsibility for the promulgation of
guidelines and the protection of the rights of in-
dividuals claiming employment discrimination in non-
federal contract matters in the Equal Employment
Opportunity Commission (EEOC), concern was ex-
pressed over how the reorganization efforts would be
administered.
                            (continued on page 4)


    COUNCIL CONSIDERS FILING AMICUS
            BRIEF IN DANIEL CASE
As this issue of the Newsletter was being prepared, the
increasing concern of Section members became
apparent over the outcome of the appeal in Teamsters
v. Daniel, pending before the Supreme Court. As a
result, the Council has given its approval to a proposal
to have the Association file a brief in the case as
amicus curiae. The case, out of the Seventh Circuit,
561 F.2d 1223 (1977), involves the application of the
anti-fraud provisions of several major securities laws
to labor-management pension funds. A brief support-
ing the teamsters appeal will be prepared by the Sec-
tion and filed on behalf of the Association under the
special ABA procedures in such matters.


Copyright @ 1978 American Bar Association


Produced by the ABA Press

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