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Full-Text Articles in Labor Relations

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society Apr 2018

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page Jan 2018

Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page

Journal of Collective Bargaining in the Academy

ABSTRACT

As state funding to community colleges has fluctuated, many community colleges have hired more adjunct faculty (Desrochers & Hurlburt, 2014).

This qualitative research explored supplemental benefits, which could be included in adjunct faculty contracts with community colleges in order to promote workplace satisfaction, without causing stress on budgets. Adjunct faculty who realize greater job satisfaction are more beneficial to their institutions because they promote student learning and retention (CCCSE, 2014b; Hollenshead, 2010; Jacoby, 2006).

The descriptive study included three phases: record reviews, interviews with key informants and elite informants, and a reflective questionnaire. New England was selected as the research site because all six states have or are developing statewide contracts for adjunct faculty. For the record reviews, existing contracts were examined (N = 5); for the key informant interviews, community college presidents and a vice president (N = 4) and adjunct faculty representatives (N = 4) were consulted; and for the elite interviews and ...


The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert Jan 2018

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty ...


Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson Jan 2018

Narratives Of Deservingness And The Institutional Youth Of Immigrant Workers, Shannon Gleeson

Shannon Gleeson

This article speaks to the special issue’s goal of disrupting the deserving/undeserving immigrant narrative by critically examining eligibility criteria available under two arenas of relief for undocumented immigrants: 1) the 2012 Deferred Action for Childhood Arrivals (DACA) program, which provides temporary deportation relief and work authorization for young adults who meet an educational requirement and other criteria, and 2) current and proposed pathways to legal status for those unauthorized immigrants who come forward to denounce workplace injustice, among other crimes. For each of these categories of “deserving migrants,” I illuminate the exclusionary nature each of these requirements, which ...


From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson Jan 2018

From Rights To Claims: The Role Of Civil Society In Making Rights Real For Vulnerable Workers, Shannon Gleeson

Shannon Gleeson

This article examines the contextual factors driving legal mobilization of workers in the United States through an analysis of national origin discrimination charges under Title VII of the 1964 Civil Rights Act (2000-2005). Consistent with previous studies, this analysis confirms that high unemployment levels and weak labor protections promote legal mobilization. The findings also highlight the positive role that civil society may play in promoting claims-making. I argue that nongovernmental organizations fill the gap in places where organized labor is weak, and may help support claims-making particularly in places with a larger vulnerable workforce. The article concludes by offering suggestions ...


Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim Jan 2018

Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim

Prize Winning Papers

No abstract provided.


Levels Of Abstraction In Legal Thinking, Michael Evan Gold Jan 2018

Levels Of Abstraction In Legal Thinking, Michael Evan Gold

Articles and Chapters

[Excerpt] This article applies the concept of levels of abstraction to legal thinking. Perhaps the most important use of the concept is to constrain judicial lawmaking in a principled way.

Level of abstraction refers to:

  • the numbers of persons and transactions that generate an issue,

  • the numbers of persons and transactions of which a piece of evidence is true,

  • the numbers of persons and transactions to which an argument applies, and

  • the numbers of persons and transactions that are affected by the resolution of an issue.

In general, the more persons and transactions to which an issue and its resolution ...


The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare Nov 2017

The Devil Is In The Details: Attorney Heterogeneity And Employment Arbitration Outcomes, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Conventional wisdom holds that hiring a lawyer will improve outcomes for non-union employees who take individual rights complaints to arbitration. However, the limited amount of empirical scholarship into this topic has rarely accounted for the concurrent influence of employer representatives, or for the presence and effects of employee and employer attorney heterogeneity. I analyze all arbitration awards rendered within the securities industry from the implementation of its ADR program through the late-2000s, and first find that hiring an attorney benefits employees only in the rare cases that employers do not also include an agent. I then account for attorney selection ...


Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang Nov 2017

Why Don’T They Complain? The Social Determinants Of Chinese Migrant Workers’ Grievance Behaviors, Duanyi Yang

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using survey data from China, I examine how migrant workers respond to violations of labor law in their workplaces. The central puzzle explored is why, given apparent widespread violations, some workers choose not to pursue remedies. I find that although workers with shared local identities with their employers are more likely to work without employment contracts, they are less likely to be exposed to safety and health hazards at work and less likely to interpret problems experienced as a violation of their legal rights. This paper extends the research on grievance behavior by drawing on research from Law and Society ...


Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler Oct 2017

Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler

Academic Labor: Research and Artistry

No abstract provided.


The Precarity Of Temporality: How Law Inhibits Immigrant Worker Claims, Kati L. Griffith, Shannon Gleeson Oct 2017

The Precarity Of Temporality: How Law Inhibits Immigrant Worker Claims, Kati L. Griffith, Shannon Gleeson

Articles and Chapters

In this article, we propose that temporary immigrant workers in the United States face unique law-induced challenges to claimsmaking when compared to other categories of workers with precarious immigration statuses, such as unauthorized workers and H-2 guest workers. We present a systematic comparison of each group, drawing on a review of the existing literature and a new pilot study, to examine how the challenges facing each set of immigrants overlap in some ways, but are unique in others. We conclude that particular differences in U.S. immigration law categories (unauthorized, H-2 guest workers, and temporary immigrant workers) may shape how ...


Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society Oct 2017

Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa Sep 2017

Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa

Lance A Compa

No abstract provided.


Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa Sep 2017

Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Lance A Compa

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.


The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno Sep 2017

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

All Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many ...


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton Jun 2017

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper May 2017

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

Catherine Fisk

No abstract provided.


The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, Rwanda Smith, Sunmi Hirata, Monica Shen Apr 2017

The Role Of Strategic Attorney Behavior In The Increase In Federal Wage And Hour Litigation, Rwanda Smith, Sunmi Hirata, Monica Shen

Georgia State Undergraduate Research Conference

No abstract provided.


Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society Apr 2017

Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith Feb 2017

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Kati Griffith

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith Feb 2017

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Articles and Chapters

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants ...


The Matriculation Of The Micro-Unit On The College Campus, Barnett L. Horowitz Jan 2017

The Matriculation Of The Micro-Unit On The College Campus, Barnett L. Horowitz

Journal of Collective Bargaining in the Academy

To the extent the world of higher education was following the National Labor Relations Board there was probably limited focus on the Board’s Specialty Healthcare case allowing for the so-called “micro-unit”. Board decisions as to the employee status of tenure track faculty or football players or graduate teaching or research assistants were likely to be of greater interest. Yet the recent holding in Columbia University that students providing instructional services were also employees subject to the Act’s coverage put the micro-unit in play on the college campus. Almost immediately after this decision petitions were filed at Yale seeking ...


Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society Oct 2016

Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack Jul 2016

Where There’S Smoke: Employer Policies On Smoking, Sandra M. Tomkowicz, Susan K. Lessack

Sandra Tomkowicz

No abstract provided.


Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz Jul 2016

Beyond A Reasonable Accommodation: Hostile Work Environment Claims Under The Ada, Sandra M. Tomkowicz

Sandra Tomkowicz

No abstract provided.


It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David S. Sherwyn Jul 2016

It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David S. Sherwyn

Steven Carvell

[Excerpt] The joint-employer doctrine is perhaps the hottest issue in labor and employment law for 2015 and the foreseeable future. In the September 2015 Browning-Ferris ("BFI”) decision, the National Labor Relations Board (the "NLRB" or the "Board"), the administrative agency that enforces the National Labor Relations Act (the "NLRA" or the "Act"), issued what is expected to be the first of two decisions, expanding the joint-employer doctrine. In the BFI decision, the so-called putative employer (e.g., the lessor of employees or a franchisor) is now considered the employer of individuals who had in the past been considered employees of ...


Better Work And Global Governance, Paul Alois Jun 2016

Better Work And Global Governance, Paul Alois

All Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


Sports, Inc. Volume 8, Issue 2, Ilr Cornell Sports Business Society Apr 2016

Sports, Inc. Volume 8, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell Mar 2016

Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.


When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith Feb 2016

When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith

Kati Griffith

What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized ...