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Articles 1 - 29 of 29
Full-Text Articles in Labor Relations
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald
A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald
Journal of Collective Bargaining in the Academy
This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
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 …
Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler
Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler
Academic Labor: Research and Artistry
No abstract provided.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Catherine Fisk
No abstract provided.
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Disability Rights And Labor: Is This Conflict Really Necessary?, Samuel R. Bagenstos
Indiana Law Journal
In this Essay, I hope to do two things: First, I try to put the current labor-disability controversy into that broader context. Second, and perhaps more important, I take a position on how disability rights advocates should approach both the current contro-versy and labor-disability tensions more broadly. As to the narrow dispute over wage-and-hour protections for personal-assistance workers, I argue both that those workers have a compelling normative claim to full FLSA protection—a claim that disability rights advocates should recognize—and that supporting the claim of those workers is pragmatically in the best interests of the disability rights movement. As to …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Matthew Parlow
Bringing Unions Back In: Labour And Left Governments In Latin America, Maria Lorena Cook, Joseph C. Bazler
Bringing Unions Back In: Labour And Left Governments In Latin America, Maria Lorena Cook, Joseph C. Bazler
Maria Lorena Cook
In the 2000s an unprecedented wave of left-party victories in presidential elections swept across Latin America. Although scholars have studied variation among left regimes and how these regimes differ from neoliberal-era predecessors, few have addressed the role of labour unions and labour policy under the Left. We argue that ‘bringing unions back in’ to the analysis of left governments’ performance sharpens distinctions with neoliberal governments and unsettles existing typologies. We review the labour policies of left governments in four countries—Chile, Brazil, Uruguay, and Argentina—to show how a labour lens enriches our understanding of left governments in the region.
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
David B Lipsky
The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore
Nick Salvatore
[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …
Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe
Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe
Alexander Colvin
The authors draw on strategic human resource and industrial relations theories to identify the sets of employee voice mechanisms and human resource practices that are likely to predict firm-level quit rates, then empirically evaluate the predictive power of these variables using data from a 1998 establishment level survey in the telecommunications industry. With respect to alternative voice mechanisms, they find that union representation predicts lower quit rates, even after they control for compensation and a wide range of other human resource practices that may be affected by collective bargaining. Also predicting lower quit rates is employee participation in offline problem-solving …
Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd
Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd
Richard W Hurd
[Excerpt] As UFCW international and local leaders know from first hand experience, there have been dramatic changes in the retail grocery industry over the past 15 years. Of most direct relevance to the collective bargaining environment, the absolute size of key corporations has increased and economic power in the industry has become more concentrated. Influenced by the spread of Wal-Mart's grocery operations, established companies like Kroger, Safeway, Supervalu, and Loblaw have pursued aggressive merger and market expansion strategies. Further complicating the situation has been the success of other alternative format grocers (such as Costco, Trader Joe's, Whole Foods, and BJ's), …
International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma
International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma
Sarosh Kuruvilla
[Excerpt] In this article, we briefly describe the different approaches to the regulation of international labor standards, and then argue for a new role for national governments based on soft rather than hard regulation approaches. We argue that this new role shows potential for significantly enhancing progress in international labor standards, since it enables governments to articulate a position without having to deal with the enforcement issues that hard regulation mandates. We justify this new role for governments based on the increasing use of soft regulation in the international arena. Of course, this approach is not without its own problems, …
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Faculty Scholarship
No abstract provided.
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …
Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony
Workplace Justice Without Unions, Hoyt N. Wheeler, Brian S. Klaas, Douglas M. Mahony
Upjohn Press
Wheeler, Klaas, and Mahony provide a thorough analysis of organizational justice systems by exploring nonunion systems of workplace justice and comparing them with the union system, American courts, and systems in 11 other countries.
Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor
Bargaining For Competitiveness: Law, Research, And Case Studies, Richard N. Block Editor
Upjohn Press
This book offers an analysis of the relationship among collective bargaining, firm competitiveness, and employment protections and creation in the United States. The contributors provide an overview of the legal framework and the economic and industrial relations research on collective bargaining, competitiveness, and employment, then follow with four case studies that provide insights into the process of collective bargaining and its current status in the evolving U.S. labor-management system.
Labor Law, Industrial Relations And Employee Choice: The State Of The Workplace In The 1990s: Hearings Of The Commission On The Future Of Worker-Management Relations, 1993-94, Richard N. Block, John Beck, Daniel H. Kruger
Labor Law, Industrial Relations And Employee Choice: The State Of The Workplace In The 1990s: Hearings Of The Commission On The Future Of Worker-Management Relations, 1993-94, Richard N. Block, John Beck, Daniel H. Kruger
Upjohn Press
Block, Beck and Kruger present detailed examples from the testimony given during the Commission on the Future of Worker-Management Relations (commonly called the Dunlop Commission) national and regional hearings. The Commission, by hearing from a wide range of stakeholders, sought to define the state of industrial relations and labor law in the U.S. during the 1990s. Because the Commission's final reports were concerned with policy matters, they only briefly summarized the testimony. This volume draws deeply from the testimony, citing many examples that clearly illustrate the wide variety of relationships between workers and management today. In addition, it shows how …
Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton
Pathways To Change: Case Studies Of Strategic Negotiations, Joel Cutcher-Gershenfeld, Robert B. Mckersie, Richard E. Walton
Upjohn Press
The authors identify and analyze the strategies for change and techniques most often used in today's labor negotiations. Nearly gone, they say, is the traditional "arms length" approach used by negotiators in the past. Instead, modern collective bargaining is characterized mainly by divergent strategies the authors characterize as either "forcing" (highly contentious) or "fostering" (highly cooperative). A dozen detailed case studies from a variety of industries are presented that show when, why and how these strategies are used, by whom, and to what result. These cases clearly demonstrate the use of both forcing and fostering strategies, as well as their …
Economic Restructuring And Emerging Patterns Of Industrial Relations, Stephen R. Sleigh Editor
Economic Restructuring And Emerging Patterns Of Industrial Relations, Stephen R. Sleigh Editor
Upjohn Press
This book's essays analyze innovative responses by unions, corporations and governments to job loss caused by economic restructuring, drawing on examples from Western Europe and the U.S.
Labor Unions And The Economic Performance Of Firms, Barry T. Hirsch
Labor Unions And The Economic Performance Of Firms, Barry T. Hirsch
Upjohn Press
Hirsch develops a model of union rent-seeking in which the unions capture a share of quasi-rents that make up the normal ROI in long-lived capital and R&D. He finds that in response, firms adjust their investments in vulnerable tangible and intangible capital. Hirsch also attempts to explain the connection between the contraction of the size of unions which occurred in the 1970s and firms' lower profitability, diminished market value, and lower investment levels.
Toward The Feminization Of Collective Bargaining Law, Gillian L. Lester
Toward The Feminization Of Collective Bargaining Law, Gillian L. Lester
Faculty Scholarship
Canadian collective bargaining law is flawed because it fails to address the concerns of a substantial segment of the work force and overlooks women as a rich source of insight into the dynamics of the bargaining environment. The author begins by exploring the problems inherent in the classical contractualist model, arguing that current collective bargaining law reflects these weaknesses and echoes a morality and ideology which are stereotypically masculine. By analyzing the legal and practical structures of collective bargaining, the author illustrates the ways in which the "morality of the workplace" is manifested differently between men and women. The author …
Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke
Labor-Management Cooperation: New Partnerships Or Going In Circles?, William N. Cooke
Upjohn Press
Cooke answers important questions about labor-management cooperative efforts and addresses the problems undermining these efforts. His analyses are based on a variety of secondary data sources plus primary data from three nationwide surveys of plant managers, union leaders, and industry executives. Also included are several prescriptions for the success of labor-management cooperative efforts.
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
Strikers And Subsidies: The Influence Of Government Transfer Programs On Strike Activity, Robert M. Hutchens, David B. Lipsky, Robert N. Stern
Upjohn Press
The authors assess laws governing striker eligibility for government transfers, finding evidence linking UI payments to strike activity.
Organized Labor At The Crossroads, Wei-Chiao Huang Editor
Organized Labor At The Crossroads, Wei-Chiao Huang Editor
Upjohn Press
This group of essays offers a detailed look at the problems, choices and future of industrial relations.
Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke
Union Organizing And Public Policy: Failure To Secure First Contracts, William N. Cooke
Upjohn Press
Investigates factors that explain why 25-30 percent of the time unions fail to obtain collective bargaining agreements after winning the right to negotiate.
Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower
Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower
Upjohn Press
A comprehensive analysis of the effects of QWL and other forms of worker participation on the collective bargaining process.
Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster
Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster
Upjohn Press
Presents the findings of a five-year study of the structure, process and impact of six forms of union-management programs aimed at improving productivity.
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Labor-Management Cooperation: The American Experience, Irving Herbert Siegel, Edgar Weinberg
Upjohn Press
Examines a variety of cooperative arrangements and the resulting problems and successes.