Labor Relations Commons^™

Disparate Impact Is Not Unconstitutional, Michael Evan Gold

Michael Evan Gold

[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …

Estimating The Effects Of Changing Social Security Benefit Formulas, Gary S. Fields, Olivia S. Mitchell

Gary S Fields

[Excerpt] The U.S. Social Security system faces serious financial difficulties in both the short and the long run. The short-run problem is that the system has very meager financial reserves. In the long run—after the year 2010, when the post-World-War-II baby-boom generation reaches retirement age—the financial problems of Social Security will intensify because of population aging and the consequent decline in the ratio of workers to retirees.

These problems have led to proposed reforms aimed at assuring the financial stability of the system. The question addressed here is: what effects would these reforms have on three variables—retirement ages, retirement incomes, …

Introduction To The Demography Volume, Samuel B. Bacharach, Pamela S. Tolbert

Pamela S Tolbert

[Excerpt] This volume represents another effort by Research in the Sociology of Organizations to focus on a crucial issue in organizational sociology. In some of the previous volumes, we concentrated on organizations and professions (Volume 8, 1991), the structuring of participation in organizations (Volume 7, 1989), and the social psychological processes in organizations (Volume 3, 1984). This volume concentrates on one of the most important emerging issues in organizational sociology—the issue of organizational demography.

Organizations Of Professionals: Governance Structures In Large Law Firms, Pamela S. Tolbert

Pamela S Tolbert

Despite the growing number of studies of professionals in organizations, surprisingly little attention has been given to the way in which professions shape organizations. This research addresses this issue by examining the determinants of formal structures in large law firms for decision making in two areas: compensation and promotion. We argue that the structures for compensation decisions are strongly influenced by contemporary business strategies adopted by law firms, as indicated by a number of organizational characteristics. Because promotion decisions are closely tied to the institution of professional authority, however, structures for these decisions are largely unaffected by such strategies. The …

Institutional Sources Of Organizational Culture In Major Law Firms, Pamela S. Tolbert

Pamela S Tolbert

[Excerpt] A large body of research has been generated within the last few years on the forms and functions of organizational culture and on the consequences of culture for organizational control and effectiveness. Surprisingly little attention has been given, however, to the sources of organizational culture and, in particular, to the features of organizations that affect its maintenance and transmission. This chapter uses an institutionalization perspective to explore these issues.

...And The Twain Shall Meet?, Lance A. Compa

Lance A Compa

[Excerpt] No country or company should gain a commercial edge in international trade by jailing or killing union organizers, crushing independent union movements, or banning strikes. Gaining an advantage in labor costs should not depend on exploiting child labor or forced labor, or discriminating against women or oppressed ethnic groups. Deliberately exposing workers to life-threatening safety and health hazards, or holding wages and benefits below livable levels should not be permissible corporate strategies. But these are exactly the abuses that happen all too often in a rapidly globalized world trading system based on "free trade."

Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa

Lance A Compa

[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization. Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really is …

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

Lance A Compa

[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law system …

[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa

Lance A Compa

[Excerpt] The ideas and insights in Advancing Theory are an important contribution to the on-the-ground social justice movement challenging corporate rule in the global economy. It can even help rescue labor law and industrial relations as intellectual disciplines and career trajectories for a new generation of students and practitioners excited about thinking globally and acting locally.

Breaking Ranks: On Military Spending, Unions Hear A Different Drummer, Lance A. Compa

Lance A Compa

[Excerpt] What remains to be seen is whether the labor movement's study of military spending will uncover the unions' material self-interest in reducing it, and in conveying that interest to the membership. For besides its general damage to the economy, which is now recognized even by many conservatives, the big, endless military buildup also threatens to inflict fatal damage on the trade union movement and its individual unions—not just indirectly but directly and concretely, in the form of fewer members, fewer contracts, fewer organizing victories, and less political power for working people. In effect, the Reagan Administration's plan to boost …

Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert

William A. Herbert

The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …