Labor Relations Commons^™

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …

Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough

Alexander Colvin

[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee …

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough

Alexander Colvin

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a …

Labor Relations In A Globalizing World, Harry C. Katz, Thomas A. Kochan, Alexander Colvin

Alexander Colvin

[Excerpt] This book traces how labor, management, and governments acting as individuals or as groups have shaped and continue to shape the employment relationship. Employment is analyzed through the perspective of industrial relations, the interdisciplinary field of study that concentrates on individual workers and groups of workers, unions and other forms of collective representation, employers and their organizations, and the environment in which these parties interact.

New York State Teacher Salary Report, Alexander Colvin, Sally Klingel, Simon Boehme, Susanne Donovan

Alexander Colvin

Teachers are central to the success of any education system and the salaries paid to teachers are among the most important issues for both school districts and the unions that represent teachers. For school districts, teacher salaries are a major com- ponent of district budgets. Teacher salary levels are also a crucial factor in attracting and retaining quality educators. This report presents data on teacher salary levels based on teacher contracts throughout New York State. In addition to reporting overall statewide salary levels, it also documents the wide variation in teacher salary levels across New York State. This New York …

Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin

Alexander Colvin

[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration agreements on employees. Critics argue that employees are not voluntary participants in the process, which they say unfairly favors employers. Advocates of mandatory arbitration dispute these charges and argue that arbitration offers employees and employers significant advantages over litigation. For example, they argue, among other things, that that litigation is not as accessible as arbitration because lawyers will not take low value employment cases on a contingency basis.

Critics of mandatory employment arbitration have moved the debate into the legislative arena. Bills have been introduced in state legislatures and in …

Participation Versus Procedures In Non-Union Dispute Resolution, Alexander Colvin

Alexander Colvin

This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and …

American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin

Alexander Colvin

This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened, …

[Review Of The Book Workplace Justice Without Unions], Alexander Colvin

Alexander Colvin

[Excerpt] This book examines one of the most important issues in contemporary industrial relations in the United States, the provision of workplace justice to the vast majority of American workers who lack union representation. In contrast to nearly all other countries, employment in the United States is governed by the default rule of employment-at-will under which workers can be fired without notice for any reason, good or bad. Exceptions to this rule are limited to specific contractual or statutory protections in areas such as discrimination and the shrinking segment of the American workforce represented by unions. The situation for the …