DOCSLIB.ORG

Labor & Employment Law Section | Lawnotes Summer 1994

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Labor & Employment Law Section | Lawnotes Summer 1994 Newsletter of Labor & Employment Law Section • State Bar of Michigan LABOR AND EMPLOYMENT LAWNOTES Volume 4, No. 3 Summer 1994 WHITHER GOES THE DOUGLAS FRASER TO SPEAK AT "AFTER-ACQUIRED ANNUAL SECTION MEETING EVIDENCE" DOCTRINE? Retired International UAW President Douglas Fraser will be the featured speaker at the Annual Meeting of the By Johanna H. Armstrong Labor and Employment Law Section on Wednesday, Dickinson, Wright, Moon, Van Dusen & September 21, 1994 at the Pontchartrain Hotel in Detroit. Freeman Drawing on a lifetime of involvement in the labor movement and extensive study of labor relations issues, A recent trilogy of decisions by the U.S. Court of Fraser will share his views on and answer questions about Appeals for the Sixth Circuit has confirmed that the "after- the state of labor relations currently and into the next century acquired evidence" doctrine is firmly established and can During his presidency, Fraser led the UAW through operate as a complete bar to recovery by former employees some of the most difficult and innovative bargaining in the — at least unless and until the U.S. Supreme Court changes history of Big Three-UAW relations. He also held a seat on things. the Chrysler Corporation Board of Directors. Now a The rule has evolved in the Sixth Circuit to encompass Professor of Labor Studies at Wayne State University, both resume fraud prior to hire, and misconduct during Fraser also has been serving on a special three-person employment. Importantly, the existence of discrimination committee under appointment by Mayor Dennis Archer to is irrelevant to the application of the doctrine. So long as assist and advise the City of Detroit in collective bargaining resume fraud influenced a hiring decision, or subsequently with unions representing its employees. discovered misconduct was egregious enough to warrant Fraser's address will conclude the Annual Section discharge, the allegedly discriminatory act is totally Dinner, which will begin at 6:30 p.m. at the Top of the disregarded by the court and the employee is barred from Pontchartrain. Preceding the Dinner, the Section will host a obtaining any relief. social gathering for Section Members, also at the Top of the In Johnson v Honeywell Information Systems, 955 Pontch. Beginning at 5 :00 p.m. and continuing until 6:15, F.2d 409 (1992), the Sixth Circuit first embraced the it will feature complementary hors d'oeuvres and cocktails. after-acquired evidence doctrine, and found that The Section also will present a full afternoon misrepresentations on a resume were relied upon in the program, in the Versailles Room on the Lobby Level of the hiring decision and constituted cause to discharge the Pontchartrain. It will begin at 2:00 p.m. with the Section's employee — thus warranting the dismissal of state law Annual Business Meeting, including election of Section claims of age discrimination and wrongful discharge. officers and Council members. Although the case had unique facts that could have easily From 2:30 to 3:30, the focus will be on Work Force restricted its application, the Sixth Circuit extended its Reduction Issues, including discrimination, statutory reach in subsequent decisions. requirements, releases, disclosure, early incentive buyouts, In Milligan-Jensen v Michigan Technological insurance continuation, and other recent developments. Presenters will be Michael L. Pitt, of Pitt, Dowty and University, 975 F.2d 302 (1992), the second case in the McGehee, and Daniel Galant of General Motors. trilogy, the Sixth circuit dismissed a Title VII sex The afternoon program will continue with an discrimination action when it found that a material omission in-depth look at Privatization Issues, from 3:30 to 4:15, on the job application would have resulted in discharge. featuring presentations by and dialogue between Arthur R. Notably, the trial court did find discrimination and used the Przybylowicz, of White, Beekman, Przybylowicz, evidence of resume fraud to reduce damages by 50% and to Schneider & Baird, and Robert A. Boonin of Butzel Long, deny reinstatement; this baby-splitting approach was who both have been deeply involved in school privatization consistent with EEOC guidelines and several court rulings issues over the last year. outside the Sixth Circuit. But in Milligan-Jensen, the Sixth Wrapping up the afternoon seminar program will be a Circuit rejected this view by dismissing the case entirely — 45-minute, "nuts-and-bolts" discussion of Practical Issues emphasizing that the after-acquired evidence rule operates Under the Family and Medical Leave Act and the ADA. as a complete bar. Presenters will be Jeffrey Fraser, of Varnum, Riddering, Continued on page 3 Continued on page 2 DOUGLAS FRASER TO SPEAK AT INDEX ANNUAL SECTION MEETING — Continued from page 1 Whither Goes The "After-Acquired 1 Evidence" Doctrine? Schmidt & Howlett; John G. Adam, of Miller, Cohen, Douglas Fraser To Speak At Martens, Ice & Geary; and Kristine J. Galien, of Blue Annual Section Meeting 1 Cross-Blue Shield of Michigan. Council Announces Law Student There is no charge for the afternoon program or social Writing Competition 2 hour. The price for dinner, featuring an entree choice Editor's Note: The "After-Acquired Evidence" Saga Continues ... 3 between baked swordfish and prime rib, will be $35. Look U.S. Supreme Court Review 4 for registration materials in the August issue of the Michigan Bar Journal. Michigan Supreme Court Update 4 MERC Update 6 NLRB: Summer Update 7 COUNCIL ANNOUNCES LAW STATEMENT OF EDITORIAL POLICY STUDENT WRITING Labor and Employment Lawnotes is a quarterly COMPETITION newsletter published under the auspices of the Council of the Labor and Employment Law Section of the The Council of the Labor and Employment Law Section State Bar of Michigan as a service to section members. has initiated an Annual Student Writing Competition for Views expressed in the articles and case commentar- students at the five Michigan law schools, featuring cash ies appearing herein are those of the authors, not the awards and publication of winning articles in this Council, the Section or the State Bar at large. We newsletter. encourage Section members and others interested in The competition will be invitational in nature, with labor and employment law to submit articles and entries invited from two students at each law school selected letters to the editor for possible publication. Please by faculty who teach labor and employment law there. An send them to the editor at 320 N. Main St., Suite 400, invited student may take as the subject of his/her article any Ann Arbor 48104. one of four topics announced by the Council or (with approval of a Council member) a narrower sub-topic. Paul E. Glendon, Editor Students invited by their faculty to participate in the first annual competition are to give a commitment of partici- pation by October 1, 1994 and submit papers by January 31, COUNCIL DIRECTORY 1995. The papers will be reviewed by a panel of judges selected by the Council and results will be announced in Chairperson April 1995. The timetable for future years will be the same. Mary H. Job East Lansing The author of the paper ranked first by the judging panel Vice-Chairperson will receive a cash award of $1,500; authors of the second- Paul E. Glendon Ann Arbor and third-ranked papers will receive $1,000 and $500 re- spectively. The top three papers all will be published in Secretary LA WNOTES, subject to editorial exigencies. All partici- Paul M. Kara Grand Rapids pants will receive a certificate and an invitation to a Section Treasurer event. Ronald R. Helveston Detroit Special recognition goes to Council Members Stuart Council Israel and Roger McClow for their efforts in getting this new John F. Brady Detroit Section activity off the ground. Janet C. Cooper Detroit Leonard D. Givens Detroit YOUR INPUT NEEDED TOO! Ronald R. Helveston Detroit In order to keep publishing the kind of timely, informa- David J. Houston Lansing tive and thought-provoking material you've been reading in Stuart M. Israel South field for the past three and one-half years, we need Roger J. McClow Southfield LA WNOTES your help. Section members are encouraged to submit Virginia F. Metz Detroit articles (on subjects of their own choosing) for possible Detroit Theodore R. Opperwall publication or to volunteer to write updates on reported H. Rhett Pinsky Grand Rapids cases in the various courts that impact the labor and employ- Robert E. Proctor Lansing ment law practice, from the U. S. Supreme to the local Arthur R. Przybylowicz Okemos Circuit. You may have noticed an absence of legislative Kenadall B. Williams Flint updates in the last few issues, due to a career change by the Ex-Officio person who so ably furnished them until then. We're also John P. Hancock, Jr. Detroit Continued on page 3 2 WHITHER GOES THE "AFTER-ACQUIRED EDITOR'S NOTE: THE EVIDENCE" DOCTRINE? — Continued from page I "AFTER-ACQUIRED EVIDENCE" SAGA CONTINUES . .. In the third case, McKennon v Nashville Banner Publishing Co., 9 F.3d 539 (1993), the Sixth Circuit held As this issue of LAWNOTES was about to go press, the S that general misconduct during employment also operates Third Circuit Court of Appeals weighed in with its view of as a complete bar to any recovery. The employer discovered the proper uses and effects of "after-acquired evidence" in that the discharged employee-plaintiff had secretly copied employment discrimination litigation. In Marde// v and taken confidential documents prior to her discharge. Harleysville Life Insurance Co., CA 3, No. 93-3258 The employee contended that she could see the "writing on (8/2/94), reported in BNA's Daily Labor Report on August the wall" and took the documents only to defend against 8, the court held that "after-acquired evidence is discriminatory discharge.
Load more

Recommended publications
  • 13297 Hon. Jeb Hensarling Hon. Peter J. Visclosky Hon
    June 20, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 9 13297 arsonists, well that is yet to be seen. There’s Agencies Appropriations Act, I would have labor challenges in the face of the financial a reason for the saying—‘‘Don’t mess with voted ‘‘aye.’’ downturn of the automotive ‘‘Big Three’’, said Texas!’’ Had I been present for rollcall 432, H.R. he often turned to Mr. Fraser for guidance and And that’s just the way it is. 2262, agreeing to Senate Amendment to support. f House Amendment No. 2 on the Military Con- struction and Veterans Affairs and Related Once Mr. Fraser retired as UAW president HONORING HOUSTON WHITE Agencies Appropriations Act, I would have in 1983, he became a professor of labor stud- voted ‘‘aye.’’ ies at Wayne State and launched another ca- HON. JEB HENSARLING Had I been present for rollcall 433, H.Res. reer that spanned 25 years. In that capacity, OF TEXAS 1029, on a motion to suspend the rules and he served as a guest faculty member at other IN THE HOUSE OF REPRESENTATIVES agree to a measure congratulating and recog- campuses, including the University of Michi- nizing Mr. Juan Antonio Chi-Chi Rodriguez for Friday, June 20, 2008 gan, Harvard University and Columbia Busi- his continued success on and off the golf ness School, where he was labor leader in Mr. HENSARLING. Madam Speaker, I rise course, I would have voted ‘‘aye.’’ residence for 3 years. today to honor Mr. Houston White on the 60th f anniversary of his participation in the estab- It is with the deepest appreciation that I pay lishment of the Rotary Club of Rusk, Texas.
    [Show full text]
  • 1997 Newsletter
    eut efLibrary Archives of Labor and Urban Affairs University Archives Fall1997 Fraser Center for Workplace Issues Debuts The Walter P. Reuther Library is honored to join Wayne State University's College of Urban, Labor and Metropolitan Affairs (CULMA) and others in announcing the creation of the Douglas A. Fraser Center for Workplace Issues at a dinner celebration November 12th. The event also signals the start of a fund-raising campaign to support the endowed center which will pay tribute to the Douglas Fraser former UAW president's lifelong commitment to justice workplace relations and leadership skills for personnel at and equity in the American all levels. These and other programs will focus on an workplace and his service to array of core issues within the workplace, such as Wayne State University and the collective bargaining, ethical behavior, the impact of larger community. technology, labor-management cooperation, employment A national advisory board security, and family needs. composed of civic leaders and representatives of labor, management, and academe will direct the work of the Fraser Reuther Library Web Site Center, conceived as a forum for employers, workers, and Calling all Internet surfers! If you haven't checked scholars to discuss a multi- out our Web site yet, you should. The Reuther plicity of issues affecting the Library Web site has been up and running for modern workplace. CULMA, a almost two years and it just keeps getting better. non-traditional college whose Tune in and you'll find important information on approach is interdisciplinary our services and programs, feature stories on topics and issue-oriented, provides the in labor, urban, and Wayne State University history, perfect venue for formulating subject area reference tools, and a complete list of and implementing policies and collections.
    [Show full text]
  • UAW President's Office
    UAW President’s Office: Douglas A. Fraser Collection Papers, 1971-1985 79 linear feet Accession # 1116 DALNET # OCLC # Douglas Fraser was born in a working class district of Glasgow, Scotland on December 18, 1916. Six years later, his father, an electrician and trade union activist, brought the family to Detroit. After going to work as a metal finisher in Chrysler’s DeSoto plant in 1937, Mr. Fraser became active in UAW Local 227, and was elected president of the local in 1943. In 1947, Mr. Fraser was appointed an international representative, assigned to the union’s Chrysler Department. A skilled negotiater, he quickly became known for his shrewd bargaining ability, and in 1951 joined President Walter Reuther’s staff. As an administrative assistant to the UAW president during the 1950s, he was involved in a number of major negotiations. Douglas Fraser was elected co-director of UAW Region 1A in 1959, succeeding the late Edward Cote. UAW convention delegates elected him board member-at-large in 1962, and following the convention, he was appointed director of the Chrysler, Skilled Trades, and Technical, Office and Professional Departments. He was elected a vice-president in 1970 and president in 1977. During the 1960s and 1970s, Mr. Fraser led the union’s negotiations with Chrysler, winning the historic early retirement program in 1964, U. S.-Canada wage parity in 1967, and the first international agreement for U. S. and Canadian autoworkers in 1970. After a successful nine-day strike against Chrysler in 1973, Fraser and then-President Leonard Woodcock negotiated a contract which included restrictions on compulsory overtime, a comprehensive health and safety program, an improved “30-and-out” early retirement plan, dental care, and accelerated arbitration.
    [Show full text]
  • Worker Participation in Corporate Government: the U.A.W.-Chrysler Experience, 58 Chi.-Kent L
    Chicago-Kent Law Review Volume 58 Issue 4 Article 3 October 1982 Worker Participation in Corporate Government: The U.A.W.- Chrysler Experience Douglas A. Fraser Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Douglas A. Fraser, Worker Participation in Corporate Government: The U.A.W.-Chrysler Experience, 58 Chi.-Kent L. Rev. 949 (1982). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol58/iss4/3 This The Piper Lecture is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. THE KENNETH M. PIPER LECTURE WORKER PARTICIPATION IN CORPORATE GOVERNMENT: THE U.A.W.-CHRYSLER EXPERIENCE DOUGLAS A. FRASER DEAN LEWIS COLLENS: Good morning. It's my pleasure to welcome you to the third lecture program made possible through the support of the Kenneth M. Piper Fund. I'm pleased to report that the Kenneth M. Piper Fund has now been permanently endowed by Mrs. Piper. We are very grateful to her for her magnificent support. This added funding will enable us to add another program during this academic year. I'd like to start today's program. I'd like to thank Jim Freeman of the U.A.W. and the members of the Advisory Board' for their assist- ance in arranging today's lecture.
    [Show full text]
  • The Reuther Library Celebrates the Life of Walter Reuther
    Volume 11 2007 than to have done it well.” The second of five children, Reuther was born on September 1, 1907, in Wheeling, West Virginia. His father and mother, Valentine and Anna, raised their family to hold dear traditional values such as hard work and disciplined living. Valentine also taught them the essentials of unionism and social justice. “At my father’s knee,” Walter later recalled, “we learned the philosophy of trade unionism. We got the struggles, the hopes and aspirations of working people every- day.” Walter Reuther left school at the age of 15 to take a tool and die apprenticeship at a local factory. In 1927 Reuther, like so many before him, journeyed to Detroit in the hope of find- ing more fruitful employment. He landed a job at the Ford Motor Company where he was quickly promoted to the task of supervising a group of die makers. Despite the demands of his job, Walter also called upon his enormous energy and drive to finish his high school diploma. These characteristics served him well his entire life. The years 1936 and 1937 were pivotal both for the United Automobile Workers and Walter Reuther. In March of 1936 alter Reuther is often remembered as one of the most Walter married May Wolf, an organizer for the American Waccomplished leader in the history of the American labor move- Federation of Teachers. Later that spring, Walter Reuther was ment. A man of character, resolve and boundless energy, he elected to the union’s Executive Board and he organized and sought to level the playing field for all working people.
    [Show full text]
  • Leonard Woodcock Papers LP001053
    Guide to the Leonard Woodcock Papers LP001053 Table of Contents Summary Information .................................................................................................................................... 3 History ............................................................................................................................................................ 4 Scope and Content ......................................................................................................................................... 6 Arrangement ................................................................................................................................................... 8 Administrative Information ............................................................................................................................ 9 Related Materials ......................................................................................................................................... 10 Controlled Access Headings ........................................................................................................................ 11 - Page 2 - Guide to the Leonard Woodcock Papers LP001053 Summary Information Repository: Walter P. Reuther Library Creator: Woodcock, Leonard Creator - ivr: Oksenberg, Michel Creator: Woodcock, Sharon Title: Leonard Woodcock Papers ID: LP001053 Date [inclusive]: 1911-2008 Date [bulk]: bulk Physical Description: 38.5 Linear Feet (66 MB, 5 OS). Includes 78 audiocassettes and 37 printed transcripts.
    [Show full text]
  • White Detroit Policemen and "Reverse Discrimination" Protests in the 1970S
    Dennis A. Deslippe | "Do Whites Have Rights?": White Detroit Policeme…, 91.3 | The History Cooperative (http://www.historycooperative.org) 04/23/2006 07:52 PM http://www.historycooperative.org/journals/jah/91.3/deslippe.html From The Journal of American History Vol. 91, Issue 3. Viewed April 23, 2006 19:4 EDT Presented online in association with the History Cooperative. http://www.historycooperative.org "Do Whites Have Rights?": White Detroit Policemen and "Reverse Discrimination" Protests in the 1970s Dennis A. Deslippe By the time Judge Ralph Freeman announced his decision on affirmative action in the Detroit Police 1 Department on May 9, 1975, the crowd of white protesters outside had swelled to over a thousand. In the large, marbled U.S. District Courthouse on West Lafayette Avenue in downtown Detroit, Freeman ordered that the traditional "last hired, first fired" seniority principle be modified so that police officers recently hired under the city's new affirmative action plan retain their positions in the face of massive layoffs. As Freeman delivered his ruling, the line of Detroit Police Officers Association (DPOA) members, their family and friends, city council members, and union sympathizers from as far away as Buffalo and Chicago stretched through the streets surrounding the courthouse. They held signs reading "Detroit Is an UnEqual Employment Opportunity Employer," "Uphold Our Contract," "Do Whites Have Rights?," and "Real Affirmative Action: Fire the Mayor." The last sign referred to Coleman A. Young, the city's black mayor and the author of the much-hated affirmative action plan.1 Freeman's decision was not well received.
    [Show full text]
  • Douglas A. Fraser Papers 5 Linear Feet 1976-2008 (Bulk 1983-1992)
    Douglas A. Fraser Papers 5 linear feet 1976-2008 (bulk 1983-1992) Walter P. Reuther Library, Wayne State University, Detroit, MI Finding aid written by Jeanette Olson on March 15, 2009. Accession Number: 2062 Creator: Douglas A. Fraser Acquisition: The Douglas A. Fraser Papers were placed in the care of the Walter P. Reuther Library of Labor and Urban Affairs on January 14, 2009. Language: Material entirely in English. Access: Papers are open for research. Use: Refer to the Walter P. Reuther Library Rules for Use of Archival Materials. Notes: Citation style: “Douglas A. Fraser Papers, Box [#], Folder [#], Archives of Labor and Urban Affairs, Wayne State University” Related Material: College of Urban, Labor, and Metropolitan Affairs Records Douglas A. Fraser Center for Workplace Issues Records Irving Bluestone: UAW New Directions Movement Records UAW International Executive Oral Histories UAW Office of the President: Douglas Fraser Records UAW Office of the President: Owen Bieber Records UAW Region 1 Records UAW Local 277 Records History Douglas A. Fraser is best known for his presidency of the United Auto Workers and his work on the Chrysler Board of Directors. Early in his life, Doug developed a commitment to public service which was fostered by his work with the UAW and continued into his retirement. Upon his retirement in 1983 from the UAW Doug Fraser continued his life of public service in the role of Professor of Labor Studies at Wayne State University. Doug Fraser was born December 18, 1916, in Glasgow, Scotland. The Fraser family traveled to America and settled in Detroit in 1922, when Doug was 6 years old.
    [Show full text]
  • Notes and Documents “A One-Sided Class War”: Rethinking Doug Fraser's 1978 Resignation from the Labor-Management Group
    Labor History, Vol. 44, No. 3, 2003 Notes and Documents “A One-Sided Class War”: Rethinking Doug Fraser’s 1978 Resignation from the Labor-Management Group JEFFERSON COWIE In July of 1978, Douglas Fraser, President of the United Auto Workers, resigned from John Dunlop’s Labor-Management Group in a flurry of publicity. The committee had been set up under the Nixon administration to seek out cooperative solutions to labor-management problems and to pass advice along to the White House. Although the group was supposed to reflect the postwar consensus in labor-management rela- tions, Fraser’s public resignation and the press conference that accompanied it shred- ded the fiction of that consensus with brilliant rhetorical barbs that sent shudders of concern all the way to the Carter White House. “I believe leaders of the business community, with few exceptions, have chosen to wage a one-sided class war today in this country—a war against working people, the unemployed, the poor, the minorities, the very young and the very old, and even many in the middle class of our society,” he declared. “The leaders of industry, commerce and finance in the United States have broken and discarded the fragile, unwritten compact previously existing during a past period of growth and progress.” Promising to forge a new social movement, he explained, “I would rather sit with the rural poor, the desperate children of urban blight, the victims of racism, and working people seeking a better life than with those whose religion is the status quo, whose goal is profit and whose hearts are cold.
    [Show full text]
  • CONGRESSIONAL RECORD— Extensions of Remarks E1298 HON
    E1298 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 HONORING HOUSTON WHITE agree to a measure congratulating and recog- It is with the deepest appreciation that I pay nizing Mr. Juan Antonio Chi-Chi Rodriguez for tribute to the long life of a hard-working, just HON. JEB HENSARLING his continued success on and off the golf and passionate man, Douglas Fraser. He lived OF TEXAS course, I would have voted ‘‘aye.’’ his years in service to his family, friends and IN THE HOUSE OF REPRESENTATIVES f fellow United Auto Workers. May this ardent Friday, June 20, 2008 labor leader be showered with blessings into HONORING DOUGLAS A. FRASER eternity and receive a loving peace. Mr. HENSARLING. Madam Speaker, I rise f today to honor Mr. Houston White on the 60th HON. MARCY KAPTUR anniversary of his participation in the estab- OF OHIO CENTENNIAL OF THE INTER- NATIONAL BOUNDARY COMMIS- lishment of the Rotary Club of Rusk, Texas. IN THE HOUSE OF REPRESENTATIVES If you’ve ever wondered what made individ- SION uals from the ‘‘Greatest Generation’’ so excep- Friday, June 20, 2008 tional, one must look no further than to Mr. Ms. KAPTUR. Madam Speaker. I rise today HON. DON YOUNG White. Ninety-five years old, Mr. White recalls to recognize Douglas A. Fraser of Southfield, OF ALASKA surviving the Great Depression by spending Michigan. IN THE HOUSE OF REPRESENTATIVES his days picking cotton in West Texas. During Douglas A. Fraser departed from this life World War II, Mr. White volunteered for the Saturday, February 23, 2008 at a fulfilling 91 Friday, June 20, 2008 Navy, but that was just the beginning of his years old.
    [Show full text]
  • The Automobile and Us Trade Policy
    THE AUTOMOBILE AND U.S. TRADE POLICY: WHERE DO WE GO FROM HERE? by A - James A. Dunn, Jr. Alan A. Altshuler ,Research Paper International Policy Forum Eagle Lodge, Pennsylvania, U.S.A. 28 June - 1 July, 1981 Future of the Automobile Program BUILDING W76 MASSACHUSETTS INSTITUTE OF TECHNOLOGY ALAN A. ALTSHULER, CO-DIRECTOR CAMBRIDGE, MASSACHUSETTS 02139 DANIEL ROOS, CO-DIRECTOR (617) 253-8540 ROBERT P. GREENE. EXECUTIVE OFFICER TELEX: 921 473 MIT CAM US-A-81-4-0 June 1981 THE AUTOMOBILE AND U.S. TRADE POLICY: WHERE DO WE GO FROM HERE? by James A. Dunn, Jr. Alan A. Altshuler C/o/ ,Research Paper International Policy Forum Eagle Lodge, Pennsylvania, U.S.A. 28 June - 1 July, 1981 The contents of this paper represent the opinions of the authors only and are not necessarily those of the program or its members. For Internal Auto Program Distribution Not for Citation, Quotation or Publication CENTER FOR TRANSPORTATION STUDIES CENTER FOR INTERNATIONAL STUDIES Table of Contents Introduction ........................................ 1 The Voluntary Restraints Agreement as Politics: Who Won? ......................................... ... 3 The Free Trade Position ........................ 4 The Protectionist Position ..................... 7 The Voluntary Restraints Agreement as Policy: How Effective Will It Be? ........................... 10 What is the Nature of the Auto Industry's Problem: Three Views Cyclical Downturn and Bad Luck ................. 14 Product Cycle Maturity ......................... 15 Japan as Number One ............................ 17 The Road Not Yet Taken: The "Corporatist" or "Social Contract" Strategy .................................. 19 Concluding Remark ................................... 23 Notes ............................................... 252 1 The Automobile and U.S. Trade Policy: Where Do We Go From Here? Introduction The spirited debate over import protection for the U.S.
    [Show full text]
  • Reps. Sak, Accavitti, Angerer, Bauer, Bieda, Brandenburg, Brown, Byrnes, Clack, Clemente, Condino, Constan, Cushingberry, Dean
    Reps. Sak, Accavitti, Angerer, Bauer, Bieda, Brandenburg, Brown, Byrnes, Clack, Clemente, Condino, Constan, Cushingberry, Dean, Espinoza, Farrah, Gillard, Gonzales, Green, Griffin, Hammel, Hammon, Hopgood, Robert Jones, Lahti, Kathleen Law, LeBlanc, Lemmons, Meisner, Melton, Miller, Pastor, Polidori, Proos, Scott, Shaffer, Sheltrown, Stahl, Tobocman, Valentine and Wojno offered the following resolution: House Resolution No. 289. A resolution to honor the life of Douglas A. Fraser. Whereas, With a disarming mix of charm, toughness and innate political savvy, former United Auto Workers President Douglas Fraser ushered the union through some of the U.S. auto industry's bleakest years in the 1970s and '80s and helped save a sinking Chrysler Corp. from bankruptcy; and Whereas, Douglas A. Fraser passed away Saturday, February 23, 2008, at Providence Hospital in Southfield, Michigan. He was 91-years-old; and Whereas, Douglas A. Fraser was respected for being both an artful politician and impassioned activist. He was one of the first labor leaders to take on many of the thorny issues facing the auto industry today, from global competition to soaring health costs; and Whereas, Without Mr. Fraser's aggressive lobbying on Capitol Hill and among the UAW rank-and-file, Chrysler would not have been able to secure $1.5 billion in federal loan guarantees in 1979, which saved the automaker from bankruptcy, according to several labor historians and top UAW officials. With his quick wit and impish grin, Fraser was known for being both easy- going and sometimes bitingly harsh. Many of the UAW's rank-and-file members felt a personal connection with Fraser, who liked to chat with workers one-on-one during visits to the factory floor.
    [Show full text]