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Full-Text Articles in Labor Relations

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 a …


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 …


[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 on …


Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin May 2012

Organizational Primacy After The Demise Of The Organizational Career: Employment Conflict In A Post-Standard Contract World, Alexander Colvin

Alexander Colvin

[Excerpt] There is a contradiction at the heart of dispute resolution in the contemporary workplace. The locus of determination of the terms and conditions of employment, including processes for the resolution of disputes concerning these terms and conditions, has become increasingly decentralized to the organizational level, at the same time that long term attachment of employee careers to these same organizations has been diminishing. The result is a disconnect between the nature of current employment disputes, which increasingly involve issues relating to entry to and exit from relationships with organizations, including questions of the formation and content of employment contracts, …