Digital Commons Network^™

Digital Humanities And Library Labor: Resources, Workflows, And Project Management In A Collaborative Context, Virginia A. Dressler

Virginia A Dressler

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Dianne Avery

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Michael Z. Green

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

Transforming The Landscape Of Labor At Universities Through Digital Humanities, Roopika Risam, Susan Edwards

Roopika Risam

No abstract provided.

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Michael Z. Green

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

Ordinary 'Worthiness': Sex Work, Police Raids, And Human Rights Violence In Sonagachhi, Simanti Dasgupta

Simanti Dasgupta

Based upon ethnographic research with Durbar Mahila Samanwaya Committee (DMSC), a grass-roots sex workers organization in Sonagachhi, the iconic red light district in Kolkata, India, this paper explores the relationship between police raids and human rights violation. It especially focuses on the nature of violence initiated by the construction of “corrupt” evidence to justify a raid, which in this case is not solely a state initiative; the police usually work in tandem with other rescue missions such as the International Justice mission (IJM). The raid involves a practice and a narrative commonly referred to by both the police and the …

Means To An End: An Assessment Of The Status-Blind Approach To Protecting Undocumented Worker Rights, Shannon Gleeson

Shannon Gleeson

This article applies the tenets of bureaucratic incorporation theory to an investigation of bureaucratic decision making in labor standards enforcement agencies (LSEAs), as they relate to undocumented workers. Drawing on 25 semistructured interviews with high-level officials in San Jose and Houston, I find that bureaucrats in both cities routinely evade the issue of immigration status during the claims-making process, and directly challenge employers’ attempts to use the undocumented status of their workers to deflect liability. Respondents offer three institutionalized narratives for this approach: (1) to deter employer demand for undocumented labor, (2) the conviction that the protection of undocumented workers …

Corporate Social Responsibility In Socialist Vietnam: Implementation, Challenges, And Local Solutions, Angie Tran

Angie Tran

No abstract provided.

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Catherine Fisk

No abstract provided.

Community Workforce Provisions In Project Labor Agreements: A Tool For Building Middle-Class Careers, Maria Figueroa, Jeffrey Grabelsky, Ryan Lamare

Jeffrey Grabelsky

[Excerpt] Project Labor Agreements are comprehensive contracts between a construction client and a consortium of unions. They have been used in the construction industry for over 60 years to achieve uniform labor standards, stability and high quality for large construction projects, and are currently evolving to address broader social and community issues. Community Workforce Agreements are PLAs that contain social investment or targeted hiring provisions to create employment and career path opportunities for individuals from low income communities.

Pioneering examples of CWAs included the Los Angeles Community College District PLA (signed in April of 2001), providing for 30 percent of …

Waste And Waste Management, Joshua Reno

Joshua Reno

Discard studies have demonstrated that waste is more than just a symptom of an all-too-human demand for meaning or a merely technical problem for sanitary engineers and public health officials. The afterlife of waste materials and processes of waste management reveal the centrality of transient and discarded things for questions of materiality and ontology and marginal and polluting labor and environmental justice movements, as well as for critiques of the exploitation and deferred promises of modernity and imperial formations. There is yet more waste will tell us, especially as more studies continue to document the many ways that our wastes …

Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.

Inherently Discriminatory Conduct Revisited: Do We Know It When We See It?, Barbara J. Fick

Barbara J. Fick

"This article traces the development of the inherently discriminatory doctrine, proposes some guidelines for determining when employer conduct falls under the rubric of the inherently discriminatory doctrine, and analyzes two cases dealing with employer use of temporary replacements during offensive lockouts in light of the proposed guidelines."

Corporate Social Responsibility For Enforcement Of Labor Rights: Are There More Effective Alternatives?, Barbara Fick

Barbara J. Fick

This article addresses the concept of corporate social responsibility (hereinafter CSR) as it relates to labor rights. It considers the following issues: is the CSR model, as evidenced by the adoption of corporate codes of conduct, effective in protecting labor rights?; and is this model the best way to protect labor rights? These issues are examined from two perspectives: practical and philosophical. Lastly, some alternative enforcement mechanisms are considered and their respective advantages and disadvantages for purposes of ensuring labor rights are discussed.

Corporate Social Reporting Initiative - Report To Minister Of Finance, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Edward J. Waitzer

In response to a Private Member’s Resolution calling upon the Ontario Securities Commission to conduct a consultation on corporate social responsibility and environmental, social and governance reporting standards and to adopt an enhanced standardized reporting framework, the Hennick Centre for Business and Law and Jantzi-Sustainalytics undertook a multi-stakeholder consultation process in respect of requirements regarding corporate social disclosure standards. This report to the Minister of Finance reflects a synthesis of the views that emerged from that process. The recommendations herein complement those contained in the Commission’s report to the Minister of Finance, dated December 18, 2009 (regarding environmental and governance …

Corporate Social Performance: Reporting Roundtable, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Edward J. Waitzer

The purpose of this consultation (to take place in Toronto, Canada on December 7, 2009) is to elicit the views of informed stakeholders in a review of reporting and disclosure requirements under Ontario securities legislation for corporate “social” performance. In particular, the Consultation paper considers whether existing reporting and disclosure requirements on corporate social performance are adequate. If change is advisable, the question becomes what regulatory or other measures merit consideration. The Consultation is in response to a private member’s resolution introduced by the Honorable Laurel Broten (Etobicoke-Lakeshore), and passed unanimously by the Ontario Legislature (the “Resolution”). In part, the …

Corporate Social Performance: Reporting Roundtable, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Poonam Puri

The purpose of this consultation (to take place in Toronto, Canada on December 7, 2009) is to elicit the views of informed stakeholders in a review of reporting and disclosure requirements under Ontario securities legislation for corporate “social” performance. In particular, the Consultation paper considers whether existing reporting and disclosure requirements on corporate social performance are adequate. If change is advisable, the question becomes what regulatory or other measures merit consideration. The Consultation is in response to a private member’s resolution introduced by the Honorable Laurel Broten (Etobicoke-Lakeshore), and passed unanimously by the Ontario Legislature (the “Resolution”). In part, the …

Corporate Social Reporting Initiative - Report To Minister Of Finance, Poonam Puri, Edward J. Waitzer, Kevin Ranney, Michael Torrance

Poonam Puri

In response to a Private Member’s Resolution calling upon the Ontario Securities Commission to conduct a consultation on corporate social responsibility and environmental, social and governance reporting standards and to adopt an enhanced standardized reporting framework, the Hennick Centre for Business and Law and Jantzi-Sustainalytics undertook a multi-stakeholder consultation process in respect of requirements regarding corporate social disclosure standards. This report to the Minister of Finance reflects a synthesis of the views that emerged from that process. The recommendations herein complement those contained in the Commission’s report to the Minister of Finance, dated December 18, 2009 (regarding environmental and governance …

The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury

Cyra A. Choudhury

This Article breaks new ground by closely reading the emerging ethnographic accounts of surrogacy to establish that current feminist frames are incomplete. It incorporates the political economy of surrogacy, the economic relationship of surrogacy to the Indian state, and the political economy of surrogates’ families, which have all been missing from the current dialogue. The Article concludes that the benefits of surrogate labor outweigh its disadvantages and develops a new framework — of surrogacy as labor — that will, for the first time, protect the surrogate as worker.Surrogacy, as a fairly open regulatory field, provides feminists with a unique opportunity …

Introduction: Bringing The Study Of Work Back To Labor Studies, Tom Juravich, Kate Bronfenbrenner

Kate Bronfenbrenner

No abstract provided.

Compared To What?: The Ucla Comparative Labor Law Project And The Future Of Comparative Labor Law, Harry W. Arthurs

Harry Arthurs

The UCLA comparative labor law project (1965-1978) exemplified and in some ways anticipated subsequent debates within comparative law circles in general, and amongst comparative labor scholars in particular. Both disciplines have been destabilized by the decentering of the state as a result of globalization and neo-liberalism and also as a result of developments in legal theory and methodology. The rebuilding of comparative labor law as a discipline depends on its ability to take these new developments into account. But paradoxically, to do so moves scholars farther and father away from "law" as it was traditionally understood, as well as from …

Harry Arthurs And The Philosopher's Stone, Peer Zumbansen

Peer Zumbansen

No abstract provided.

Whither Wagner? Reconsidering Labor Law And Policy Reform, Sara Slinn

Sara Slinn

Although Canada and the US have both adopted labor relations legal frameworks based on the Wagner model, labor relations has played out very differently in the two countries. This is particularly evident in the countries’ divergent trajectories of changing union density. In recent decades the US has experienced a steep, sustained decline in unionization, while Canadian unionization has seen a slow decline and overall stagnation in union density. This prompts the question addressed in this paper: will the labor relations experiences of these closely linked nations continue to diverge, or will Canada’s labor relations landscape come to resemble that of …

Untamed Tribunal? Of Dynamic Interpretation And Purpose Clauses, Sara Slinn

Sara Slinn

This study examines the use of the purpose clause in labour legislation as a means for the legislature to exert control over the decision-making of a labour relations board. It examines the history of the purpose clause in British Columbia labour legislation, assesses its effectiveness as an instrument of control and, finally, draws on legislative theory to consider whether this is an instance of a "rogue" board defying the will of the Legislature, or of an administrative tribunal fulfilling its legitimate function. The article concludes that, rather than tribunal misconduct, a fairer interpretation of the BC Labour Board's treatment of …

Two Paths To The High Road: The Dynamics Of Coalition Building In Seattle And Buffalo, Ian Greer, Barbara Byrd, Lou Jean Fleron

Ian Greer

[Excerpt] Labor-community coalitions are not a new concept. Unions approach such coalitions now, as in the past, as one way to enhance their bargaining power with an employer. Such coalitions are temporary and often issue-based. In recent years, however, some local labor movements have begun to look at coalitions in a broader way – as a means of improving their public image and building power in the political arena. This broad-based approach requires the development of coalitions for the longer run, not just for temporary expediency. This paper develops the notion of a high road social infrastructure as a way …

Labor And Urban Crisis In Buffalo, New York: Building A High Road Infrastructure, Ian Greer, Lou Jean Fleron

Ian Greer

With inequality growing and competitive market forces on the march, can unions play a constructive role in solving the problems of capitalist economic development? Should they try? In this study of coalition building in Buffalo, New York we find that regular procedures of problem solving involving multiple coalition partners – what we call a high-road social infrastructure – have developed in the city. We discuss the progression of union approaches to economic development, including in-plant and regional labor-management partnership, community coalitions and the creation of labor-led nonprofit organizations. In response to long-term economic and social crisis, a group of union …

Labor And Regional Development In The U.S.A.: Building A High Road Infrastructure In Buffalo, New York, Ian Greer, Lou Jean Fleron

Ian Greer

[Excerpt] In a country where worker representatives lack broadly institutionalized roles as "social partners," how can they play a constructive role in solving the problems of regional development? In Buffalo, New York, regularized, labor-inclusive procedures of problem solving involving multiple coalition partners – what we call a high-road social infrastructure – has emerged. Socially engaged researchers and educators have played a role in spreading lessons and organizing dialogue. Despite the emergence of regional cooperation, however, successful development politics are hampered by many of the same problems seen in European regions, including uncertainty about the best union strategy, hostility from business …

Working Through The Past: Labor And Authoritorian Legacies In Comparative Perspective, Teri L. Caraway (Ed.), Maria Lorena Cook (Ed.), Stephen Crowley (Ed.)

Maria Lorena Cook

[Excerpt] Democratization in the developing and post-communist world has yielded limited gains for labor. Explanations for this phenomenon have focused on the effect of economic crisis and globalization on the capacities of unions to become influential political actors and to secure policies that benefit their members. In contrast, the contributors to Working through the Past highlight the critical role that authoritarian legacies play in shaping labor politics in new democracies, providing the first cross-regional analysis of the impact of authoritarianism on labor, focusing on East and Southeast Asia, Eastern Europe, and Latin America. Legacies from the predemocratic era shape labor’s …

The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green

Michael Z. Green

In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …

How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green

Michael Z. Green

On July 2, 1964, President Lyndon B. Johnson signed into law the Civil Rights Act of 1964. Provisions in Title VII of that statute ("Title VII") created a ban on employment discrimination. Title VII specifically establishes that "it shall be unlawful for an employer to fail or refuse to hire, discharge, limit, segregate, classify, or otherwise discriminate against any individual, with respect to wages, privileges, and other terms of employment because of that individual's race, color, religion, sex, or national origin." As the passage of Title VII approaches its fiftieth anniversary, this Article explores what may be thought of as …