Labor Relations Commons^™

The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo

DEREK CARRILLO

No abstract provided.

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Wage Regulation In The Private Sector In Europe, Maarten Keune, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Annexe: Les Jours De Grèves En 2010 Et 2011, Kurt Vandaele

Kurt Vandaele

Le Groupe d’analyse des conflits sociaux (GRACOS) est un collectif interdisciplinaire ayant pour objectif l’étude des principaux mouvements de grève et autres éléments de la conflictualité sociale qui jalonnent l’actualité de chaque année civile. Il se compose actuellement de dix chercheurs : A. Bingen, M. Capron, V. Demertzis, F. Dorssemont, A. Dufresne, J. Faniel, C. Gobin, E. Martinez, K. Vandaele et J. Vandewattyne. Dans le second de ses deux volumes sur l’année 2012, le GRACOS se penche tout d’abord sur divers événements représentatifs de l’évolution de la conflictualité sociale dans le secteur public. Trois domaines sont abordés : les transports …

Union Responses To Young Workers Since The Great Recession In Ireland, The Netherlands And Sweden: Are Youth Structures Re-Orienting The Union Agenda?, Kurt Vandaele

Kurt Vandaele

This article analyses how youth structures at the confederal level of trade unions are influencing the union agenda in the face of the growing problem of youth unemployment in Europe. Five youth structures from union confederations in Ireland, the Netherlands and Sweden have been studied. Although youth structures were already able to influence the union agenda in certain confederations before the crisis, the evidence demonstrates that youth issues have gained prominence today. A particular pattern discernible across countries is coalition-building between youth structures and student organizations for guiding the transition of the next generation of young workers from school to …

Workers’ Rights, Worker Mobilisation And Workers’ Voice, Stefan Clauwaert, Aline Hoffmann, Romuald Jagodzinski, Isabelle Schömann, Michael Stollt, Kurt Vandaele

Kurt Vandaele

In his address to the European Parliament on 14 September 2011, ILO Director-General Juan Somovia declared that ‘respect for fundamental principles and rights at work is non-negotiable: not even in times of crisis when questions of fairness abound. This is particularly important in countries having to adopt austerity measures. We cannot use the crisis as an excuse to disregard internationally agreed labour standards.’ This warning is cleary not being heeded. As will be elaborated in the first section of this chapter, the labour reforms proposed or initiated by the EU and the Troika have indeed had detrimental effects on workers’ …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Youth Representatives’ Opinions On Recruiting And Representing Young Workers: A Twofold Unsatisfied Demand?, Kurt Vandaele

Kurt Vandaele

Unionization levels are far lower among young workers than for the workforce in general. How can trade unions become more responsive to their particular interests and needs? Union confederations, even in countries with decentralized union structures, have the potential to take effective initiatives to facilitate and support new organizing strategies targeted at young workers, for example by spreading knowledge, practical skills and vision of relevance for improving the representation and recruitment of young workers. Yet the survey findings reported here show that youth representatives across Europe find their confederations’ responsiveness and commitment to organizing to be inadequate. Their dissatisfaction confirms …

Do Unions And Worker Representation Bodies Make For More Or Less Inequality?, Aline Conchon, Stefan Clauwaert, Romek Jagodzinski, Isabelle Schömann, Michael Stoltt, Kurt Vandaele, Sigurt Vitols

Kurt Vandaele

No abstract provided.

Mapping Unions In The ‘New Member States’ In Gardawski, J., Mrozowicki, A., Czarzasty, J., Country Report: Trade Unions In Poland. Report 123. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Business And Non-Profit Organizations Facing Increased Competition And Growing Customers' Demands (Vol. 10), Anna Ujwary-Gil

Anna Ujwary-Gil

The major issues analyzed in the papers referred to: • business and non-profit organizations as an object of scientific research, • business and non-profit organizations in market economy, • modern tools for business and non-profit organizations management • business and non-profit organizations – global and regional aspects, • financial aspects of managing business and non-profit organizations.

Employment Relations In Belgium And The Netherlands, Hester Houwing, Maarten Keune, Philippe Pochet, Kurt Vandaele

Kurt Vandaele

No abstract provided.

De Belgische Stakingsdata: Beperkingen En Mogelijkheden Voor De Studie Naar Het Stakingsverschijnsel, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Sustaining Or Abandoning ‘Social Peace’? Strike Development And Trends In Europe Since The 1990s, Kurt Vandaele

Kurt Vandaele

No abstract provided.

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

Media Attention & Executive Pay In The Netherlands, Jordan Otten

Jordan Otten

This report is centered around three research questions on newspaper coverage and executive compensation in The Netherlands. 1) How has the coverage developed over the years? 2) How selective are newspapers in their coverage? And 3) What are the influences of newspaper coverage on executive compensation?

Based on the articles that have appeared in the period 1998- mid 2009, it can be concluded that the attention by newspapers is not only of the most recent years. Newspapers do not systematically focus on the better or worse performing companies and do also not focus on the higher or highest paid executives. …

Flat Whites: Work In Cafes, Janet G. Sayers

Janet G Sayers

Examines the phenomenon of people working in cafes in Auckland, New Zealand and argues that there are several characteristics of this type of work using the acronym FLAT WHITES. 1. Formality/informality (power, hierarchy, control) 2. Leisure (treat, reward, pleasure, non-work time, respite) 3. Aesthetic (marketing, branding, self-identity, status) 4. Transactions (relationship, networking, affiliation, horizontal communication) 5. Work stations (place of work, convenience, temporary work place, technology, table size, table distance, chair comfort 6. Hospitality (food and drink, inside/outside boundaries, welcome, belonging, rituals around food) 7. Innovate (creativity, idea work, entrepreneurialism, inspiration, synthesis) 8. Time (flexibility, time compression, work intensification, personal …

'Mapping Unions In The 'New Member States'' In Myant, M., Trade Unions In The Czech Republic. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

Following The ‘Organising Model’ Of British Unions? Organising Non-Standard Workers In Germany And The Netherlands, Kurt Vandaele, Janine Leschke

Kurt Vandaele

Over the last three decades trade unions in almost all European countries have been losing members. In particular non-standard workers (part-time employed, temporary employed and own-account self-employed) are currently less likely than those on standard contracts to be organised in unions. The paper, which is based on a literature review, has a twofold purpose. A first objective is to provide a survey of the initiatives developed by trade unions in Germany, the Netherlands and the UK for organising non-standard workers. A second objective is to assess whether, and to what extent, the Dutch and German unions are influenced by British …

'Mapping Unions In The 'New Member States'' In Baldachinno, G., Trade Unions In Malta. Brussels, Etui, Pp.5-10., Kurt Vandaele

Kurt Vandaele

No abstract provided.

The Ghent-System, Temporary Unemployment And The Belgian Trade Unions Since The Economic Downturn, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Book Reviews. Economic Adjustment And Political Transformation In Small States By Erik Jones, Kurt Vandaele

Kurt Vandaele

No abstract provided.

Beyond The Dichotomous Worlds Hypothesis: Towards A Plurality Of Corporate Governance Logics, Jordan Otten

Jordan Otten

The dichotomous worlds hypothesis holds that corporate governance systems worldwide are either based on the Anglo-American shareholder model or the Eurasian stakeholder model. We suggest a more fine-grained classification, based on five corporate governance logics –socially constructed, historical patterns of material practices, assumptions, values, beliefs, and rules by which all parties involved in economic productive activities structure their material interdependencies and provide meaning to the social reality of corporate life. These logics are discovered through a content analysis of the corporate governance reform codes of 38 countries.

Theories On Executive Pay: A Literature Overview And Critical Assessment, Jordan Otten

Jordan Otten

Executive pay is a major issue in the corporate governance debate. As well in practice as in theory debate still exists how executive pay levels and structures can be explained. This paper provides an overview of 16 theories that have been used in the literature to explain the phenomenon. The theories can be classified into three types of approaches; 1) the value approach; 2) the agency approach; and 3) the symbolic approach. A critical assessment of the theories shows that the dominant use in the literature of the perfect contracting approach of agency theory neglects: 1) the socially determined symbolic …

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …