Business Commons^™

Introduction: An Urban Resurgence Of Social Unionism, Lowell Turner

Lowell Turner

[Excerpt] The essays presented here examine the emergence, successes, and failures of contemporary urban-based labor movements, especially in the United States, where such developments are most significant, but also in the United Kingdom and Germany in comparative perspective. Our central question is why such labor movements have emerged prominently and achieved significant successes in some cities but not in others. A comparative analysis points to the central role of two factors: agency, specifically the choices and strategies pursued by union leaders and their organizations; and opportunity structure, located in the presence or absence of particular barriers in the institutional, political, …

Perils Of The High And Low Roads: Employment Relations In The United States And Germany, Lowell Turner, Kirsten S. Wever, Michael Fichter

Lowell Turner

[Excerpt] The U.S. crisis is characterized by growing income inequality, a shrinking safety net, and the decline of worker representation. Like the German crisis, it is caused in part by intensified global competition. Unlike in Germany, problems in the United States have also been exacerbated by deregulation, short-term horizons (e.g., quarterly reports to shareholders), and the decline of the labor movement.

Both Germany and the United States, however, have substantial political, economic, and social resources to use in solving their problems. The contemporary crises do not appear for either of these countries to foreshadow a major collapse like that of …

The American University: Dilemmas And Directions, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] American research universities clearly are national treasures. Over the past decade, however, these institutions have increasingly come under attack for a wide variety of alleged sins. Further, their economic bases are increasingly being eroded because of budget problems at federal and state levels, coupled with increased demand for resources to meet competing social needs, such as health care. Thus, although American universities are national treasures, many fear they are entering a period of decline and may well prove to be an endangered species. Why are research universities being attacked, and why are their supporters in both the private and …

The Family And Medical Leave Act’S Impact On The Hospitality Industry: Implementing Policies To Ensure Continued Productivity, Katie O'Brien Coon

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Family and Medical Leave Act, (FMLA), allows women and men to take up to 12 weeks leave to care for a newborn child (maternity leave) and/or care for sick family members. The Department of Labor states that:

FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave (Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor, 2012).

When an employee decides to take …

The Pros And Cons Of Outsourcing, Angela Smith

UNLV Theses, Dissertations, Professional Papers, and Capstones

Outsourcing has become increasingly popular to the public since the mid-20th century and has become more controversial in the last decade. The United States economy has been under the microscope for the last 4 years due to an economic recession. Outsourcing has been a subject of interest that has been brought up numerous times by economists. Offshore outsourcing is the main type of outsourcing that is of concern in relation to the United States economy. This topic is highly debated because of the unemployment rate in America.

Gerechtigkeit Ohne Gewerkschaft Und Betriebsrat? Konfliktschlichtung In Gewerkschaftsfreien Betrieben In Den Usa, Alexander Colvin

Alexander Colvin

Zu den Faktoren, die in jüngster Zeit in mehreren Ländern – insbesondere in den USA – zu einem Rückgang der Mitgliederzahlen der Gewerkschaften geführt haben, zählen Strategien des Human Resource Managements wie „nonunion arbitration“ (gewerkschaftsfreies Schiedsverfahren“. Arbeitgeber in nicht tarif- und gewerkschaftsgebundenen Betrieben führen solche „neuen Verfahren der Konfliktschlichtung“ (NVK) mit dem Ziel ein, einen Teilersatz für die gewerkschaftliche Interessenvertretung zu gewähren. Sie stellen eine besondere Herausforderung für die Gewerkschaften dar und machen die Anpassung ihrer Interessenvertretungsstrategien erforderlich. Zwei alternative Handlungsmöglichkeiten bieten sich an. Eine Möglichkeit besteht darin , solche NVK einfach mit dem Argument abzulehnen, dass es sich um …

Das Amerikanische Arbeitsrecht Aus Der Perspektive Historischer Und Zukünftiger Entwicklungen, Alexander Colvin, Katherine V. W. Stone

Alexander Colvin

In den vergangenen 15 Jahren ließen sich im amerikanischen Kollektiv- und Individualarbeitsrecht sowohl eine Fortsetzung der früheren Trends als auch die Entstehung neuer Themenfelder beobachten.Das System des kollektiven Arbeitsrechts, das die gewerkschaftliche Interessenvertretung und die Beziehungen zwischen den Beschäftigten und dem Management regelt, hat sich in seiner grundlegenden, auf die Zeit der Great Depression und die Jahre unmittelbar nach dem Zweiten Weltkrieg zurückgehenden Rechtsstruktur kaum verändert. Das amerikanische Individualarbeitsrecht hat dagegen mit der Einführung zusätzlicher individueller Arbeitnehmerrechte eine beträchtliche Dynamik entwickelt. Die Veränderungen in der Arbeitsorganisation und die Entwicklung neuer Formen von Arbeitsverträgen bedeuten eine zusätzliche Herausforderung für die traditionelle …

Telecommunications 2004: Business Strategy, Hr Practices, And Performance, Rosemary Batt, Alexander J.S. Colvin, Harry C. Katz, Jeffrey Keefe

Alexander Colvin

This national benchmarking report of the U.S. telecommunications services industry traces the tumultuous changes in management and workforce practices and performance in the sector over the last 5 years. This is a follow-up report to our 1998 study. At that time, when the industry was booming, we conducted a national survey of establishments in the industry. In 2003, we returned to do a second national survey of the industry, this time in a sector that was recovering from one of the worst recessions in its history.

[Review Of The Book Interwar Unemployment In International Perspective], George R. Boyer

George R. Boyer

[Excerpt] The book redresses two imbalances in the recent literature on interwar unemployment: its almost exclusive focus on the United States and Britain, and its predominantly macroeconomic nature. To achieve these goals, the editors encouraged the authors of the country studies to address a set of microeconomic issues, including the extent to which the incidence and duration of unemployment varied across economic and demographic groups, and the effect of unemployment on labor force participation and poverty. Two macroeconomic issues also are addressed in several of the papers: the effects of real wages and of unemployment insurance on unemployment. These two …

[Review Of The Book Labor Regulation In The Global Economy], Gary Fields

Gary S Fields

[Excerpt] This is a practical and useful volume on labor standards in today’s highly globalized world. An introduction is followed by ten chapters, some of them general, talking about the ILO or the WTO, and some more specific, focusing on the United States and Europe. The general chapters cover the ILO, corporate codes of conduct, efforts to introduce labor standards into the multilateral trade regime, arguments for and against labor standards in trade, and policy implications. The specific chapters cover U.S. initiatives on child labor, labor standards in the bilateral trade agreements entered into by the United States and the …

Does Income Mobility Equalize Longer-Term Incomes? New Measures Of An Old Concept, Gary S. Fields

Gary S Fields

This paper develops a new class of measures of mobility as an equalizer of longer-term incomes – a concept different from other notions such as mobility as time-independence, positional movement, share movement, income flux, and directional income movement. A number of properties are specified leading to a class of indices, one easily-implementable member of which is applied to data for the United States and France. Using this index, income mobility is found to have equalized longer-term earnings among U.S. men in the 1970s but not in the 1980s or 1990s. In France, though, income mobility was equalizing throughout, and it …

Trade Unions And Human Rights, Lance Compa

Lance A Compa

[Excerpt] In the 1990s the parallel but separate tracks of the labor movement and the human rights movement began to converge. This chapter examines how trade union advocates adopted human rights analyses and arguments in their work, and human rights organizations began including workers' rights in their mandates. The first section, "Looking In," reviews the U.S. labor movement's traditional domestic focus and the historical absence of a rights-based foundation for American workers' collective action. The second section, "Looking Out," covers a corresponding deficit in labor's international perspective and action. The third section, "Labor Rights Through the Side Door," deals with …

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Lance A Compa

[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member National …

El Acuerdo De Cooperación Laboral Del Tratado De Libre Comercio De América Del Norte: ¿Dimensión Social O Decepción Social?, Lance A. Compa

Lance A Compa

[Excerpt] En este país los sindicatos continúan criticando los puntos débiles del Acuerdo, especialmente la exclusión de asuntos referentes a la sindicalización, la negociación y las huelgas, los mecanismos de solución de controversias, y la carencia de soluciones ejecutorias bajo el ACL. Al mismo tiempo, se han dado cuenta de que resulta un foro muy útil para exponer casos de violaciones de los derechos de los trabajadores por parte de corporaciones multinacionales que operan en el marco del TLC. Con ello intentan promover una presión popular dirigida a detener la ampliación del TLC a Chile y el resto de América …

Globalizíación, Class Actions Y Derecho De Trabajo, Antonio Ojeda Avilés, Lance A. Compa

Lance A Compa

[Excerpt] El objeto principal de este artículo consiste en analizar la larga experiencia acumulada al otro lado del Atlántico, en Estados Unidos, en material de demandas extraterritoriales contra empresas norteamericanas ya desde los años setenta. Realizaremos una síntesis de los rasgos característicos de las class actions en ese país, en primer lugar, seguida por una breve Mirada al context internacional del Derecho del trabajo y la jurisprudencia en EE.UU., de los efectos extraterritoriales del Derecho del trabajo estadounidense, en segundo término, y un análisis pormenorizado de tales litigious en Europa.

Another Look At Nafta, Lance A. Compa

Lance A Compa

"Weak," "toothless," "worthless" and "a farce"—these were some of the epithets applied to the North American Free Trade Agreement (NAFTA) labor side accord negotiated by the United States, Mexico, and Canada in 1993. Trade unionists and labor rights supporters were upset, first by the text of the North American Agreement on Labor Cooperation (NAALC) when it appeared, then by early experiences after it went into effect on January 1, 1994. But those wanting progress on labor rights and standards in international trade should be careful of making some idealized “best” the enemy of the good.

The Art Of Ignoring Impatient Elephants, Lance A. Compa

Lance A Compa

[Excerpt] Migrant labour was the elephant in the room when American, Mexican and Canadian negotiators hammered out the North American Free Trade Agreement last year. The elephant is still in the room, as negotiators now try to work out a "side agreement" on labour rights and labour standards to fulfill a campaign promise by President Bill Clinton. They never mention migrant worker rights, the single biggest issue affecting labour standards and labour conditions on the North American continent.

Reemployment Under Userra Sections 4312 & 4313: At Will Employment Vs. Temporary Employment, Richard L. Pate

WCBT Faculty Publications

As thousands of service members return to the U.S., severe economic conditions render acclimation to civilian life especially difficult. In 2010, as the combat mission in Iraq approached an end, the unemployment rate of Iraq and Afghanistan era veterans had reached 13.1 percent. The Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 (1994) ("USERRA"), was enacted, in great part, to mitigate harms such as those caused by the aforementioned perfect storm. Among other things, USERRA protects service members by entitling them to reemployment after military service. More specifically, USERRA Sections 4312 & 4313 entitle returning service members …

A Strange Case, Lance A. Compa

Lance A Compa

[Excerpt] The disconnect reflected in Bosch's action at the Wisconsin plant between promise and performance is the theme of a new Human Rights Watch report titled A Strange Case: Violations of Workers' Freedom of Association in the United States by European Multinational Corporations. The report details ways in which European firms have exploited weak US labour laws to carry out aggressive campaigns against workers' organising and bargaining in the United States. "A Strange Case" comes from Robert Louis Stevenson's famous The Strange Case of Dr. Jekyll and Mr. Hyde.

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …

A Strange Case: Violations Of Workers’ Freedom Of Association In The United States By European Multinational Corporations, Lance A. Compa

Lance A Compa

[Excerpt] A central conclusion of this report is that firms’ voluntary principles and policies are not enough to safeguard workers’ freedom of association. They can be important initiatives, but only when they contain effective due diligence, oversight, and control mechanisms. Otherwise, as shown here, shortcomings in US labor law create enormous temptation - especially among US managers not sufficiently overseen by European parent company officials - to take advantage of them by acts inconsistent with international norms. The pattern that emerges in the examples presented here suggests inadequate due diligence and internal performance controls to prevent and correct US management …

Unfair Advantage: Workers’ Freedom Of Association In The United States Under International Human Rights Standards, Lance A. Compa

Lance A Compa

[Excerpt] Human Rights Watch selected case studies for this report on workers’ freedom of association in the United States with several objectives in mind. One was to include a range of sectors - services, industry, transport, agriculture, high tech – to assess the scope of the problem across the economy, rather than to focus on a single sector. Another objective was geographic diversity, to analyze the issues in different parts of the country. The cases studied here arose in cities, suburbs and rural areas around the United States. Another important goal was to look at the range of workers seeking …

Beyond The Organizing Model: The Transformation Process In Local Unions, Bill Fletcher, Richard W. Hurd

Richard W Hurd

[Excerpt] The ideological foundations of traditional U.S. trade unionism have been called into question by world and domestic events. The post-World War II labor movement, founded on a social truce with capital and the apparent inevitability of a rising living standard, has hit a bulkhead-piercing iceberg of dramatic proportions. The global economy, economic restructuring, deregulation, and privatization have wrought destruction on U.S. unions. In the wake of this devastation, it has become common, even for union leaders, to define unionism in objectively negative terms (e.g., without a union, you have no protection from arbitrary management). As a movement, we have …

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Richard W Hurd

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …

Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion American …

Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] The American labor movement is at a watershed. For the first time since the early years of industrial unionism sixty years ago, there is near-universal agreement among union leaders that the future of the movement depends on massive new organizing. In October 1995, John Sweeney, Richard Trumka, and Linda Chavez-Thompson were swept into the top offices of the AFL-CIO, following a campaign that promised organizing "at an unprecedented pace and scale." Since taking office, the new AFL-CIO leadership team has created a separate organizing department and has committed $20 million to support coordinated large-scale industry-based organizing drives. In addition, …

How Demanding Should Equality Of Opportunity Be, And How Much Have We Achieved?, Valentino Dardanoni, Gary S. Fields, John E. Roemer, Maria Laura Sánchez Puerta

Gary S Fields

[Excerpt] This chapter proposes tests of various notions of equality of opportunity and applies them to intergenerational income data for the United States and Britain. Agreement is widespread that equality of opportunity holds in a society if the chances that individuals have to succeed depend only on their own efforts and not on extraneous circumstances that may inhibit or expand those chances. What is contentious, however, is what constitutes "effort" and "circumstances." Most people, we think, would say that the social connections of an individual's parents would be included among circumstances: equality of opportunity is incomplete if some individuals get …

Student, Staff, And Employer Incentives For Improved Student Achievement And Work Readiness, John H. Bishop

John H Bishop

“This article proposes a strategy for banishing mediocrity and building in its place an excellent American system of secondary education. Before a cure can be prescribed, however, a diagnosis must be made.”

La Educación Secundaria En Los Estados Unidos. ¿Qué Pueden Aprender Otros De Nuestros Errores?, John H. Bishop, Ferran Mane, Michael Bishop

John H Bishop

[Excerpt] El ritmo de los estudiantes estadounidenses para adquirir nuevas habilidades se desacelera durante la educación secundaria.

It Takes More Than House Calls: Organizing To Win With A Comprehensive Union-Building Strategy, Kate Bronfenbrenner, Tom Juravich

Kate Bronfenbrenner

[Excerpt] Until recently, some national and local union leaders still argued that labor should circle the wagons and take care of existing members rather than spend scarce resources on organizing nonunion workers. Today those voices have largely been silenced by the hard numbers of labor's dramatic decline. As expressed in the platform of the new AFL-CIO leadership slate, the American labor movement must "organize at an unprecedented pace and scale." The question unions face today is no longer whether to make organizing a priority but how that can best be achieved.