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Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike Jan 2016

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin ...


Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough Nov 2015

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 ...


Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough Nov 2015

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough

Alexander Colvin

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of ...


Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire Jul 2015

Convergence In Industrial Relations Institutions: The Emerging Anglo-American Model?, Alexander Colvin, Owen Darbishire

Alexander Colvin

At the outset of the Thatcher/Reagan era, the employment and labor law systems across six Anglo- American countries could be divided into three pairings: the Wagner Act model of the United States and Canada; the Voluntarist system of collective bargaining and strong unions in the United Kingdom and Ireland; and the highly centralized, legalistic Award systems of Australia and New Zealand. The authors argue that there has been growing convergence in two major areas: First, of labor law toward a private ordering of employment relations in which terms and conditions of work and employment are primarily determined at the ...


Labor Relations In A Globalizing World, Harry C. Katz, Thomas A. Kochan, Alexander Colvin Apr 2015

Labor Relations In A Globalizing World, Harry C. Katz, Thomas A. Kochan, Alexander Colvin

Alexander Colvin

[Excerpt] This book traces how labor, management, and governments acting as individuals or as groups have shaped and continue to shape the employment relationship. Employment is analyzed through the perspective of industrial relations, the interdisciplinary field of study that concentrates on individual workers and groups of workers, unions and other forms of collective representation, employers and their organizations, and the environment in which these parties interact.


Appr Appeals Process Report: Panels, Alexander Colvin, Sally Klingel, Honore Johnson Apr 2015

Appr Appeals Process Report: Panels, Alexander Colvin, Sally Klingel, Honore Johnson

Alexander Colvin

[Excerpt] This report describes the characteristics of joint panels and examines where they are being used in New York State to resolve APPR teacher evaluation disputes. The information presented here was gathered by analyzing the provisions of the APPR appeal procedures, which are publicly available on the New York State Department of Education website.


New York State Teacher Salary Report, Alexander Colvin, Sally Klingel, Simon Boehme, Susanne Donovan Apr 2015

New York State Teacher Salary Report, Alexander Colvin, Sally Klingel, Simon Boehme, Susanne Donovan

Alexander Colvin

Teachers are central to the success of any education system and the salaries paid to teachers are among the most important issues for both school districts and the unions that represent teachers. For school districts, teacher salaries are a major com- ponent of district budgets. Teacher salary levels are also a crucial factor in attracting and retaining quality educators. This report presents data on teacher salary levels based on teacher contracts throughout New York State. In addition to reporting overall statewide salary levels, it also documents the wide variation in teacher salary levels across New York State. This New York ...


Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin May 2013

Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin

Alexander Colvin

[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration agreements on employees. Critics argue that employees are not voluntary participants in the process, which they say unfairly favors employers. Advocates of mandatory arbitration dispute these charges and argue that arbitration offers employees and employers significant advantages over litigation. For example, they argue, among other things, that that litigation is not as accessible as arbitration because lawyers will not take low value employment cases on a contingency basis.

Critics of mandatory employment arbitration have moved the debate into the legislative arena. Bills have been introduced in state legislatures and in ...


Participation Versus Procedures In Non-Union Dispute Resolution, Alexander Colvin May 2013

Participation Versus Procedures In Non-Union Dispute Resolution, Alexander Colvin

Alexander Colvin

This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and ...


The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire May 2013

The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire

Alexander Colvin

The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and ...


American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin May 2013

American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin

Alexander Colvin

This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened ...


The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike Jun 2012

The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike

Alexander Colvin

[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new ...


Gerechtigkeit Ohne Gewerkschaft Und Betriebsrat? Konfliktschlichtung In Gewerkschaftsfreien Betrieben In Den Usa, Alexander Colvin Jun 2012

Gerechtigkeit Ohne Gewerkschaft Und Betriebsrat? Konfliktschlichtung In Gewerkschaftsfreien Betrieben In Den Usa, Alexander Colvin

Alexander Colvin

Zu den Faktoren, die in jüngster Zeit in mehreren Ländern – insbesondere in den USA – zu einem Rückgang der Mitgliederzahlen der Gewerkschaften geführt haben, zählen Strategien des Human Resource Managements wie „nonunion arbitration“ (gewerkschaftsfreies Schiedsverfahren“. Arbeitgeber in nicht tarif- und gewerkschaftsgebundenen Betrieben führen solche „neuen Verfahren der Konfliktschlichtung“ (NVK) mit dem Ziel ein, einen Teilersatz für die gewerkschaftliche Interessenvertretung zu gewähren. Sie stellen eine besondere Herausforderung für die Gewerkschaften dar und machen die Anpassung ihrer Interessenvertretungsstrategien erforderlich. Zwei alternative Handlungsmöglichkeiten bieten sich an. Eine Möglichkeit besteht darin , solche NVK einfach mit dem Argument abzulehnen, dass es sich um Einrichtungen handelt, die ...


Aligning Employees Through Line Of Sight, Wendy R. Boswell, John B. Bingham, Alexander Colvin Jun 2012

Aligning Employees Through Line Of Sight, Wendy R. Boswell, John B. Bingham, Alexander Colvin

Alexander Colvin

Aligning employees with the firm’s larger strategic goals is critical if organizations hope to manage their human capital effectively and ultimately attain strategic success. An important component of attaining and sustaining this alignment is whether employees have “line of sight” to the organization’s strategic objectives. We illustrate how the translation of strategic goals into tangible results requires that employees not only understand the organization’s strategy, they must accurately understand what actions are aligned with realizing that strategy. Using recent empirical evidence, theoretical insights, and tangible examples of exemplary firm practices, we provide thought-leaders with a comprehensive view ...


An Employment Systems Approach To Turnover: Hr Practices, Quits, Dismissals, And Performance, Rosemary Batt, Alexander Colvin Jun 2012

An Employment Systems Approach To Turnover: Hr Practices, Quits, Dismissals, And Performance, Rosemary Batt, Alexander Colvin

Alexander Colvin

This study examines the relationship between alternative approaches to employment systems and quits, dismissals and customer service, based on cross-sectional and longitudinal data from nationally representative surveys of call center establishments. Contrary to prior literature, the antecedents and consequences of quits and dismissals are quite similar. Comparing three dimensions of employment systems, we find that high involvement work organization and long-term investments and inducements are associated with significantly lower quit and dismissal rates, while short term performance-enhancing expectations are related to significantly higher quit and dismissal rates. Establishments with higher quit and dismissal rates have significantly lower customer service, as ...


Adoption And Use Of Dispute Resolution Procedures In The Nonunion Workplace, Alexander Colvin Jun 2012

Adoption And Use Of Dispute Resolution Procedures In The Nonunion Workplace, Alexander Colvin

Alexander Colvin

[Excerpt] This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have been an important area of study in the field of industrial relations, research on dispute resolution procedures in nonunion workplaces has lagged behind. As a result, our knowledge of the development of nonunion procedures remains relatively limited. Similarly, with a few noteworthy exceptions (e.g. Lewin, 1987, 1990), our knowledge of workplace grievance activity is almost entirely based on research conducted in unionized settings. Given the major differences in the institutional contexts of union and nonunion ...


[Review Of The Book The Evolution Of The Modern Workplace], Alexander Colvin Jun 2012

[Review Of The Book The Evolution Of The Modern Workplace], Alexander Colvin

Alexander Colvin

[Excerpt] Taken as a whole, The Evolution of the Modern Workplace can be seen as fulfilling two different, but equally important roles. The first is as a compendium of information and data on key aspects of workplace employment relations. One could imagine it serving as an excellent assigned reading for a graduate seminar on British employment relations as well as a useful reference guide and handbook for researchers in this area. At the same time, the contributions to the volume also combine to provide a picture of employment relations system change that should shape thinking in this field and inspire ...


Das Amerikanische Arbeitsrecht Aus Der Perspektive Historischer Und Zukünftiger Entwicklungen, Alexander Colvin, Katherine V. W. Stone Jun 2012

Das Amerikanische Arbeitsrecht Aus Der Perspektive Historischer Und Zukünftiger Entwicklungen, Alexander Colvin, Katherine V. W. Stone

Alexander Colvin

In den vergangenen 15 Jahren ließen sich im amerikanischen Kollektiv- und Individualarbeitsrecht sowohl eine Fortsetzung der früheren Trends als auch die Entstehung neuer Themenfelder beobachten.Das System des kollektiven Arbeitsrechts, das die gewerkschaftliche Interessenvertretung und die Beziehungen zwischen den Beschäftigten und dem Management regelt, hat sich in seiner grundlegenden, auf die Zeit der Great Depression und die Jahre unmittelbar nach dem Zweiten Weltkrieg zurückgehenden Rechtsstruktur kaum verändert. Das amerikanische Individualarbeitsrecht hat dagegen mit der Einführung zusätzlicher individueller Arbeitnehmerrechte eine beträchtliche Dynamik entwickelt. Die Veränderungen in der Arbeitsorganisation und die Entwicklung neuer Formen von Arbeitsverträgen bedeuten eine zusätzliche Herausforderung für die ...


The Problem Of Action And Interest Alignment: Beyond Job Requirements And Incentive Compensation, Alexander Colvin, Wendy R. Boswell Jun 2012

The Problem Of Action And Interest Alignment: Beyond Job Requirements And Incentive Compensation, Alexander Colvin, Wendy R. Boswell

Alexander Colvin

We introduce two concepts, action alignment and interest alignment, that we propose to help explain the linkages between employee behaviors and organizational strategy. We first examine the problem of action alignment, developing employee ability to identify and engage in behaviors that most effectively lead to the realization of the goals of organizational strategy. In particular, our discussion of action alignment focuses on the issues of employee line of sight to organizational strategy and the development of shared mindsets within the organization. We argue that aligned actions involving employee behaviors that are discretionary and difficult to specify in advance are especially ...


An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin Jun 2012

An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin

Alexander Colvin

Using data from reports filed by the American Arbitration Association (AAA) pursuant to California Code requirements, this article examines outcomes of employment arbitration. The study analyzes 3,945 arbitration cases, of which 1,213 were decided by an award after a hearing, filed and reaching disposition between January 1, 2003 and December 31, 2007. This includes all the employment arbitration cases administered nationally by the AAA during this time period that derived from employer-promulgated arbitration procedures. Key findings include: (1) the employee win rate amongst the cases was 21.4%, which is lower than employee win rates reported in employment ...


Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin Jun 2012

Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin

Alexander Colvin

This paper compares management flexibility in employment decision-making in the United States and Canada through a cross-national survey of organizations in representative jurisdictions in each country, Pennsylvania and Ontario respectively, that investigates the impact of differences in their legal environments. The results indicate that, compared to their Ontario counterparts, organizations in Pennsylvania have a higher degree of flexibility in employment outcomes, such as higher dismissal and discipline rates, yet do not experience any greater flexibility or simplicity in management hiring and firing decisions. One explanation for this result may lie in the finding that organizations in Pennsylvania experience greater legal ...


The Dual Transformation Of Workplace Dispute Resolution, Alexander Colvin Jun 2012

The Dual Transformation Of Workplace Dispute Resolution, Alexander Colvin

Alexander Colvin

This study examines the impact on grievance rates of variation in the structure of nonunion dispute resolution procedures and in systems of work organization. Nonunion dispute resolution procedures that feature non-managerial decision-makers had higher grievance rates than nonunion procedures with managerial decision-makers. Grievance rates were also lower in workplaces that had adopted self-managed teams.


Improved Metrics For Workplace Dispute Resolution Procedures: Efficiency, Equity, And Voice, John W. Budd, Alexander Colvin Jun 2012

Improved Metrics For Workplace Dispute Resolution Procedures: Efficiency, Equity, And Voice, John W. Budd, Alexander Colvin

Alexander Colvin

Many debates surround systems for resolving workplace disputes. In the United States, traditional unionized grievance procedures, emerging nonunion dispute resolution systems, and the court-based system for resolving employment law disputes have all been criticized. What is missing from these debates are rich metrics beyond speed and satisfaction for comparing and evaluating dispute resolutions systems. In this paper, we develop efficiency, equity, and voice as these standards. Unionized, nonunion, and employment law procedures are then qualitatively evaluated against these three metrics.


[Review Of The Book Workplace Justice Without Unions], Alexander Colvin Jun 2012

[Review Of The Book Workplace Justice Without Unions], Alexander Colvin

Alexander Colvin

[Excerpt] This book examines one of the most important issues in contemporary industrial relations in the United States, the provision of workplace justice to the vast majority of American workers who lack union representation. In contrast to nearly all other countries, employment in the United States is governed by the default rule of employment-at-will under which workers can be fired without notice for any reason, good or bad. Exceptions to this rule are limited to specific contractual or statutory protections in areas such as discrimination and the shrinking segment of the American workforce represented by unions. The situation for the ...


[Review Of The Book Success While Others Fail: Social Movement Unionism And The Public Workplace], Alexander Colvin May 2012

[Review Of The Book Success While Others Fail: Social Movement Unionism And The Public Workplace], Alexander Colvin

Alexander Colvin

[Excerpt] In this splendid book, Paul Johnston applies his broad understanding of contemporary social theory to an analysis of a series of carefully matched field research cases to achieve genuine theoretical insights. His analysis addresses such fundamental issues as the nature of public sector unionism—its goals and the weapons it uses to achieve them, the ways it differs from private sector unionism—and the dynamics of social movement unionism. This work is an important contribution to the resurgent body of inductive theory development in industrial relations research that has emerged in recent years.


[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin May 2012

[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin

Alexander Colvin

[Excerpt] Some leading unions in Canada are notable for the diversity of their responses to workplace change. These unions' policies and strategies, which range from the Steelworkers' (USWA) bold experiment in employee ownership and co-determination at Algoma Steel to the Autoworkers' (CAW) activist response to the pressures of the Japanese production and management systems at the CAMI auto plant, have produced significant variation in change processes and outcomes. This range of activity by Canadian unions in response to workplace change provides a fertile area for study by industrial relations researchers, as well as important challenges for policy makers and practitioners ...


[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin May 2012

[Review Of The Book What Do Unions Do? A Twenty-Year Perspective], Alexander Colvin

Alexander Colvin

[Excerpt] The 1984 publication of Richard Freeman and James Medoff’s What Do Unions Do? was a landmark event in research on labor unions. It challenged existing negative economic conceptions of the role of unions by presenting a two-faced model of unionism in which the negative monopoly face of unions was counter-balanced by a positive collective voice face. For those in the labor movement, this book became a powerful source of academic support for their value to society and the economy. Among academics, WDUD was equally influential, as it encouraged a renewed, more data-intensive and methodologically sophisticated approach to research ...


Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin May 2012

Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin

Alexander Colvin

The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to ...


Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe May 2012

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 ...


Telecommunications 2000 Strategy, Hr Practices & Performance, Rosemary Batt, Alexander Colvin, Harry C. Katz, Jeffrey Keefe May 2012

Telecommunications 2000 Strategy, Hr Practices & Performance, Rosemary Batt, Alexander Colvin, Harry C. Katz, Jeffrey Keefe

Alexander Colvin

This report constitutes the first benchmarking survey of business and human resource practices among a nationally representative sample of workplaces in the broadly defined telecommunications industry that includes wireline, wireless, cable, and internet providers. It grows out of a multi-year study of organizational change in the industry, and is based on extensive field study, site visits, interviews, and surveys conducted by research teams at Cornell and Rutgers Universities. Managers at 577 establishments across the country gave generously of their time during a lengthy telephone survey. The study was made possible through a generous grant by the Alfred P. Sloan Foundation ...