Labor Relations Commons^™

An Empirical Study Of Fast-Food Franchising Contracts: Towards A New "Intermediary" Theory Of Joint Employment, Kati L. Griffith

Kati Griffith

The “Fight for Fifteen and a Union” movement among fast-food workers and their allies has raised awareness about wage inequality in the United States. Rather than negotiating for better wages and working conditions with economically weak restaurant-level franchisees, the movement aims to affect the practices of what they view as the all-powerful brands—the franchisors. Few would dispute the notion that the franchisor brands, not their franchisees, set industry-wide standards and, thus, have the ability to offset rising wage inequality and improve working conditions. And yet, the movement has raised controversial law and policy questions about the legal responsibilities of these …

Context, Coalitions, And Organizing: Immigrant Labor Rights Advocacy In San Francisco And Houston, Shannon Gleeson, Els De Graauw

Shannon Gleeson

[Excerpt] In the pages that follow, we first situate immigrant labor rights struggles in scholarship on the “right to the city.” We then present San Francisco and Houston, focusing on their immigration histories, current demographic profiles, and contexts for advancing immigrant labor rights. We next describe the parallel types of organizations that have advocated for stronger wage and labor rights in San Francisco and Houston and the similar principles that have motivated them to advocate with local government. In discussing the wage and labor rights campaigns in each city, we draw out key differences in the policy changes that advocates …

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 …

Academic Librarians And Labor Unions: Attitudes And Experiences, Ian Mccullough

Ian McCullough

Complementary Or Conflictual? Formal Participation, Informal Participation, And Organizational Performance, Adam Seth Litwin, Adrienne Eaton

Adam Seth Litwin

Most studies of worker participation examine either formal participatory structures or informal participation. Yet, increasingly, works councils and other formal participatory bodies are operating in parallel with collective bargaining or are filling the void left by its decline. Moreover, these bodies are sprouting in workplaces in which workers have long held a modicum of influence, authority, and production- or service-related information. This study leverages a case from the healthcare sector to examine the interaction between formal and informal worker participation. Seeking to determine whether or not these two forces—each independently shown to benefit production or service delivery—complement or undermine one …

Still A Coordinated Model? Market Liberalization And The Transformation Of Employment Relations In The German Telecommunications Industry, Virginia Doellgast

Virginia Doellgast

This paper examines recent changes in collective bargaining and employer strategies in the German telecommunications industry following market liberalization in the late 1990s. Germany’s distinctive co-determination and vocational training institutions encouraged large firms to adopt employment systems in technician and call center workplaces that relied on high levels of worker skill and discretion. However, organizational restructuring is undermining these gains, as firms use outsourcing and the creation of subsidiaries to escape or weaken company-level collective agreements. These trends have substantially weakened unions and contributed to the further disorganization of coordinated bargaining structures. Findings are based on interviews with union and …

Introduction: Institutional Change And Labor Market Segmentation In European Call Centers, Virginia Doellgast, Rosemary Batt, Ole H. Sorensen

Virginia Doellgast

This article examines the dynamics of workplace change in European call centers. Survey data and case studies from Austria, Denmark, France, Germany, the Netherlands and Spain show large national and sectoral differences in institutional inclusiveness and labor market segmentation. These reflect variation in the institutional constraints and resources available to employers and unions as they adjust to market changes. However, union strategies to organize new groups and close gaps in existing regulations are becoming increasingly important as restructuring undermines traditional forms of bargaining power.

Vertical Disintegration And The Disorganisation Of German Industrial Relations, Virginia Doellgast, Ian Greer

Virginia Doellgast

Drawing on case studies from the telecommunications and auto industries, we argue that the vertical disintegration of major German employers is contributing to the disorganisation of Germany’s dual system of in-plant and sectoral negotiations. Subcontractors, subsidiaries, and temporary agencies often have no collective bargaining institutions, weaker firm-level agreements, or are covered by different sectoral agreements. As core employers move jobs to these firms, they introduce new organisational boundaries across the production chain and disrupt traditional bargaining structures. Worker representatives are developing new campaign approaches and using residual power at large firms to establish representation in new firms and sectors, but …

Contesting Firm Boundaries: Institutions, Cost Structures, And The Politics Of Externalization, Virginia Doellgast, Katja Sarmiento-Mirwaldt, Chiara Benassi

Virginia Doellgast

This article develops and applies a framework for analyzing the relationship among institutions, cost structures, and patterns of labor–management contestation over organizational boundaries. Collective negotiations related to the externalization of call center jobs are compared across 10 incumbent telecommunications firms located in Europe and the United States. All 10 firms moved call center work to dedicated subsidiaries, temporary agencies, and domestic and offshore subcontractors. A subset of the firms, however, later re-internalized call center jobs, in some cases following negotiated concessions on pay and working conditions for internal workers. Findings are based on 147 interviews with management and union representatives, …

Management Whipsawing: The Staging Of Labor Competition Under Globalization, Ian Greer, Marco Hauptmeier

Ian Greer

The authors examine management whipsawing practices in the European auto industry based on more than 200 interviews and a comparison of three automakers. They identify four distinct ways in which managers stage competition between plants to extract labor concessions: informal, hegemonic, coercive, and rule-based whipsawing. Practices at the three auto firms differed from one another and changed over time because of two factors: structural whipsawing capacity and management labor relations strategy. In the context of economic globalization, whipsawing is an effective means for managers to extract concessions, to loosen national institutional constraints, and to diffuse employment practices internationally.

Is U.S. Public Sector Labor Relations In The Midst Of A Transformation?, Harry C. Katz

Harry C Katz

In this article the author assesses whether a fundamental transformation is underway in public sector (state and local government) labor relations in the United States by revisiting the arguments made by the author and Kochan and McKersie (1986) regarding the transformation of labor relations in the private sector. The author argues that the economic pressures that led to a transformation of private sector labor relations starting in the 1980s have not played a comparable role in recent developments in the public sector because of the political nature of labor relations in that sector. Other insights are drawn from a comparison …

Unions And The Labor Market For Managers, John Dinardo, Kevin F. Hallock, Jörn-Steffen Pischke

Kevin F Hallock

We examine the relationship between the employment and compensation of managers and CEOs and the presence of a unionized workforce. We develop a simple efficiency wage model, with a tradeoff between higher wages for workers and more monitoring, which requires more managers. The model also assumes rent sharing between workers, managers and the owners of the firm. Unions, by redistributing rents towards the workers, lead to lower employment and lower pay for managers. Using a variety of data sets, we examine the implications of the model for the relationship between the employment and wages of managers and unionization. We find …

Coming Together For Human Rights, Lance A. Compa

Lance A Compa

Trade unionists and human rights advocates started analysing antiunion tactics as violations of international human rights standards. They decided to reargue American labour law on a human rights foundation

Corporate Hypocrisy: Violations Of Trade Union Rights By European Multinational Companies In The United States, Lance A. Compa

Lance A Compa

Many European corporations adopt American management-style attitudes toward trade unions, notwithstanding their publicly-declared support for global norms on workers’ freedom of association. They exploit US labor laws that violate international standards and interfere with trade union formation. Case studies examine several examples of this anti-union hypocrisy on the part of European firms. At the same time, some European companies have chosen to respect workers’ organizing rights in the United States. The conclusion contains recommendations for securing multinational companies’ respect for workers’ freedom of association in the United States, including application of ILO core standards, UN Guiding Principles, OECD Guidelines, and …

Domesticating The Diaspora: Memory And The Life Of Sister Katie, Caroline Waldron Merithew

Caroline Merithew

Three shrines in Illinois honor heroes of the working class: one for the legendary Mother Jones; one for the Virden martyrs, who died for coal mining unionism, and whose memory is kept alive by labor organizers around the world; and one for Catherine (Katie) Bianco DeRorre. Katie's monument, unlike the others, draws few visitors today. But when it was dedicated in 1961, men and women — on the floor of the U.S. Congress, in the neighborhood where Katie grew up, at American universities, in union halls, on the streets of New York City, and in Milan — took notice and …

Member-Union Relations And Union Satisfaction, Paul Jarley, Sarosh Kuruvilla, Douglas Casteel

Sarosh Kuruvilla

This paper examines the importance of various facets of satisfaction with union representation in determining overall satisfaction with the union. Samples of union members from Iowa and Sweden are used in the analysis. The results clearly support the view that member-union relations is a major determinant of overall satisfaction with union representation.

The Changing Nature Of Labor Unrest In China, Manfred Elfstrom, Sarosh Kuruvilla

Sarosh Kuruvilla

A qualitative shift is underway in the nature of labor protest in China. Contrary to prior literature that characterized strikes as being largely defensive in nature, the authors suggest that since 2008, Chinese workers have been striking offensively for more money, better working conditions, and more respect from employers. They explain these developments using a “political process” model that suggests economic and political opportunities are sending “cognitive cues” to workers that they have increased leverage, leading them to be more assertive in their demands. Such cues include a growing labor shortage, new labor laws, and new media openness. Their argument …

Sources Of The Persistent Gender Wage Gap Along The Unconditional Earnings Distribution: Findings From Kenya, Richard U. Agesa, Jacqueline Agesa, Andrew Dabalen

Richard U. Agesa

Past studies on gender wage inequality in Africa typically attribute the gender pay gap either to gender differences in characteristics or in the return to characteristics. The authors suggest, however, that this understanding of the two sources may be far too general and possibly overlook the underlying covariates that drive the gender wage gap. Moreover, past studies focus on the gender wage gap exclusively at the conditional mean. The authors go further to evaluate the partial contribution of each wage-determining covariate to the magnitude of the gender pay gap along the unconditional earnings distribution. The authors' data are from Kenya, …

Imports, Unionizationandracial Age Discrimination In The Us, Jacqueline Agesa, Richard U. Agesa

Jacqueline Agesa

Past studies of the relationship between competition and racial wages find that domestic competition reduces racial wage discrimination of nonunion workers. This article examines the effects of foreign competition on racial wages of union and nonunion workers utilizing an empirical model which allows for cluster-adjusted SEs by industry. Such a procedure allows independence of observations across industries but not within industries, thereby not overstating the significance of industry invariant controls. In this analysis, clustered SEs prevent the overstatement of the significance of imports as a means to reduce earnings discrimination. We find evidence of a wage premium for nonunion white …

Imports, Unionizationandracial Age Discrimination In The Us, Jacqueline Agesa, Richard U. Agesa

Richard Agesa

Past studies of the relationship between competition and racial wages find that domestic competition reduces racial wage discrimination of nonunion workers. This article examines the effects of foreign competition on racial wages of union and nonunion workers utilizing an empirical model which allows for cluster-adjusted SEs by industry. Such a procedure allows independence of observations across industries but not within industries, thereby not overstating the significance of industry invariant controls. In this analysis, clustered SEs prevent the overstatement of the significance of imports as a means to reduce earnings discrimination. We find evidence of a wage premium for nonunion white …

Choosing Union Representation: The Role Of Attitudes And Emotions, Adrienne E. Eaton, Sean Rogers Ph.D., Tracy F. H. Chang, Paula B. Voos

Sean Edmund Rogers

In the United States, most unions are recognized by a majority vote of employees through union representation elections administered by the government. Most empirical studies of individual voting behavior during union representation elections use a rational choice model. Recently, however, some have posited that voting is often influenced by emotions. We evaluate competing hypotheses about the determinants of union voting behavior by using data collected from a 2010 representation election at Delta Air Lines, a US-based company. In addition to the older rational choice framework, multiple regression results provide support for an emotional choice model. Positive feelings toward the employer …

Worker Centers And Labor Law Protections: Why Aren't They Having Their Cake?, Kati Griffith

Kati Griffith

[Excerpt] As private sector labor union membership in the United States dwindles, the number of worker centers continues to grow. In 1985, there were just five worker centers in the United States.' Today there are more than 200 such centers. Worker centers are often broadly defined as "community-based mediating institutions that organize, advocate, and provide direct support to low-wage workers." Given worker centers' focus on low-wage workers largely engaged in service sectors of our postindustrial economy and their relatively recent entrance into the field of United States labor relations, scholars and commentators are increasingly debating the applicability of the eighty-year-old …

Identity Work: Sustaining Transnational Collective Action At General Motors Europe, Ian Greer

Ian Greer

What are the conditions under which transnational collective action is initiated and sustained? This paper presents a case study of General Motors Europe, where labor leaders have mobilized the workforce and bargained with management at the transnational level repeatedly over more than a decade as a response to management whipsawing and threats of plant closures. In contrast to structuralist interest-based theories of union behavior, we identify a process of “identity work‟ that was necessary to sustain transnational worker cooperation.

World Champions In Hospital Privatisation: The Effects Of Neoliberal Reform On German Employees And Patients, Nils Böhlke, Ian Greer, Thorsten Schulten

Ian Greer

[Excerpt] Over the past decade, German hospitals have been privatised at a rate not seen in any other country. In response to massive public-sector debt and the resulting investment backlog, many state and local governments have been privatising hospitals. The most common arguments for privatisation are repeated in a recent study commissioned by the association of private hospital owners (Bundesverband Deutscher Privatkliniken - BDPK) namely that private hospitals manage in a more efficient manner and are economically more successful (Augurzky, Beivers et al., 2009). Indeed, in some cases, private for-profit hospital companies have invested generously and turned inefficient public hospitals …

Conceptualizing Labour Union Revitalization, Martin Behrens, Kerstin Hamann, Richard W. Hurd

Richard W Hurd

[Excerpt] Unions have engaged in revitalization efforts in all five country cases that form the basis of comparison of this book, though they differ in the strategies they have pursued and the level of success they have had. Some of the strategies have been promising or even successful in terms of their immediate outcomes; others are still waiting to be fully implemented; and still others have failed to live up to the original expectations. While in many countries union activists are eagerly developing strategies to turn their fate, they are also facing some doubt or even resistance by politicians and …

How Does Restructuring Contribute To Union Revitalization?, Martin Behrens, Richard W. Hurd, Kerstin Hamann

Richard W Hurd

[Excerpt] As we look cross-nationally at labour movement revitalization, we see a complex process of change that varies depending on the socio-political/economic context. Although we observe a diverse set of union strategies and outcomes, we find that structural adjustment is a common element of revitalization efforts. The mere presence of restructuring does not, of course, assure positive results. In this chapter we define various forms of restructuring, outline factors that shape and promote restructuring, and discuss the likelihood that restructuring leads to union revitalization by using examples from our cross-country comparison.

Contesting The Dinosaur Image: The Labor Movement's Search For A Future, Richard W. Hurd

Richard W Hurd

[Excerpt] As labor contests the dinosaur image it will find no easy answers. Hard work, careful assessment of options, and a willingness to take risks are all required. Without widespread experimentation and a significant reallocation of resources to organizing, extinction awaits.

The New Solidarity? Trade Union Coalition-Building In Five Countries, Carola Frege, Edmund Heery, Lowell Turner

Lowell Turner

[Excerpt] The purpose of this chapter is to present a framework for the analysis of union coalition-building and demonstrate its utility using comparative empirical material mainly from the United States, Germany, and the United Kingdom though we also comment on union action in Italy and Spain. In what follows, we seek to define union-coalitions and specify their functions, identify a variety of types of coalition and the variety of factors that encourage unions to forge coalitions. We then set out and seek to explain the variable patterns of coalition use across our five countries. The chapter concludes in speculative vein, …

Why Revitalize? Labour’S Urgent Mission In A Contested Global Economy, Lowell Turner

Lowell Turner

What looked like carte blanche for corporate-led globalization just a few years ago is now increasingly contested. The brave new vision of market fundamentalism has been challenged on several fronts, from massive demonstrations in Seattle and Genoa to contested trade and environmental summits at Johannesburg and Cancun. The critical insights of highly placed insiders have undermined the dominant neo-liberal ideology and given credence to mounting protests and opposition viewpoints (e.g. Soros 2002; Stiglitz 2002). Economic stagnation, inequality, desperate poverty and violence— whether in Japan, East Asia, Russia, Germany, or the United States and Latin America—have belied optimistic predictions of the …

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 …