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Full-Text Articles in Labor Relations

George Brooks: A Personal Reminiscence, David B. Lipsky Jun 2013

George Brooks: A Personal Reminiscence, David B. Lipsky

David B Lipsky

[Excerpt] In 1961, George joined the faculty of the School of Industrial and Labor Relations (ILR) at Cornell and Sara was appointed to a position in the School's extension division. George hadn't done much college-level teaching when he joined the ILR School faculty. He quickly established himself as one of the School's most popular and influential instructors. George was certainly an engaging and entertaining lecturer, but it was not only his platform skills that made him so popular with students. Cornell students — especially those who were part of the 1960s generation — were drawn to George's unorthodox ...


The Influence Of Collective Bargaining On Teachers’ Salaries In New York State, David B. Lipsky, John E. Drotning Mar 2013

The Influence Of Collective Bargaining On Teachers’ Salaries In New York State, David B. Lipsky, John E. Drotning

David B Lipsky

This study tests a model of teacher salary determination with data describing several aspects of all school districts in New York state, outside of New York City. The authors find that collective bargaining is not significant in explaining variations in 1968 teacher salaries among all school districts, but bargaining did have a significant effect among small districts and on the rate of salary change from 1967 to 1968. On the whole, however, the authors conclude that the results of this and other studies show that bargaining has had a surprisingly minor effect on teacher salaries.


The Effectiveness Of Reinstatement As A Public Policy Remedy: The Kohler Case, John Drotning, David Lipsky Mar 2013

The Effectiveness Of Reinstatement As A Public Policy Remedy: The Kohler Case, John Drotning, David Lipsky

David B Lipsky

This article is concerned with two aspects of the NLRB reinstatement remedy as applied in the famous Kohler case: (1) how effective the remedy was, particularly in terms of the number of employees who returned to Kohler under its protection, and (2) what factors, in order of significance, affected a worker's decision to return. The authors find the remedy was effective, since about 40 percent of those workers who received reinstatement offers accepted them. Regression and discriminant analyses of the variables affecting the decision to return confirm the thinking of labor market economists that the most disadvantaged worker (lower ...


Organizational Strategies For The Adoption Of Electronic Medical Records: Toward An Understanding Of Outcome Variation In Nursing Homes, David B. Lipsky, Ariel C. Avgar, James Ryan Lamare Mar 2013

Organizational Strategies For The Adoption Of Electronic Medical Records: Toward An Understanding Of Outcome Variation In Nursing Homes, David B. Lipsky, Ariel C. Avgar, James Ryan Lamare

David B Lipsky

[Excerpt] An important element in president-elect Obama's economic stimulus proposal is his plan to invest a significant proportion of federal dollars in installing electronic medical records (EMR) in U.S. healthcare institutions. In emphasizing the need for EMR, Obama is following the advice of numerous healthcare experts who have pointed out that the healthcare sector lags behind other industries in the use of computer technology. They believe the widespread use of EMR would help reduce medical errors, control the costs of healthcare, and lead to significant improvements in the quality of care Americans receive. In this paper we present ...


Interplant Transfer And Terminated Workers: A Case Study (Reply), David B. Lipsky Mar 2013

Interplant Transfer And Terminated Workers: A Case Study (Reply), David B. Lipsky

David B Lipsky

[Excerpt] The design of policies intended to aid workers who are threatened with displacement involves issues of a complex and difficult nature. The need for careful analysis of the issues is emphasized by Thomas Kochan's comment on my recent article. In that article I tried to point out the limitations of my analysis, the difficulties of generalizing on the basis of a case study, and the tentative nature of my conclusions. Space did not allow a full elaboration of these problems; now Kochan has performed a useful service by heightening our awareness of them. However, I cannot believe he ...


Collective Bargaining In American Industry: A Synthesis, Clifford B. Donn, David B. Lipsky Mar 2013

Collective Bargaining In American Industry: A Synthesis, Clifford B. Donn, David B. Lipsky

David B Lipsky

The preceding eight chapters deal with the current status of collective bargaining in eight U.S. industries. The differences between collective bargaining for police officers and auto workers or between professional athletes and college professors are obvious and illustrate the richness and variety of contemporary collective bargaining. Despite that diversity, however, the eight industries exhibit important similarities in collective bargaining. The common themes that link most, if not all, of the industries examined in this volume are perhaps less obvious, but a careful reading of the preceding chapters reveals that there have been a number of common factors affecting collective ...


Final-Offer Arbitration And Public-Safety Employees: The Massachusetts Experience, David B. Lipsky, Thomas A. Barocci Mar 2013

Final-Offer Arbitration And Public-Safety Employees: The Massachusetts Experience, David B. Lipsky, Thomas A. Barocci

David B Lipsky

[Excerpt] We conclude that, in terms of its impact on the bargaining process, final-offer arbitration has had a mixed record in Massachusetts. On the one hand, the law must probably be given some credit for preventing police and firefighter strikes; in addition, the rate of arbitration usage was remarkably low compared to experience in other states. On the other hand, the law probably led to more impasses in police and fire bargaining (although the experience in the commonwealth was still favorable compared to other states) and reduced the effectiveness of the mediation stage of the impasse procedures. Perhaps most important ...


Final-Offer Arbitration And Salaries Of Police And Firefighters, David B. Lipsky, Thomas A. Barocci Mar 2013

Final-Offer Arbitration And Salaries Of Police And Firefighters, David B. Lipsky, Thomas A. Barocci

David B Lipsky

[Excerpt] Did final-offer arbitration have a discernible impact on the salaries of police and firefighters in Massachusetts during the 3-year trial period which ended June 30, 1977? To analyze this question, we collected information on the maximum salary paid to police patrolmen, police sergeants, firefighters, and fire lieutenants for a large sample of Massachusetts municipalities. We integrated these data with police and fire impasse experiences and added several economic and environmental characteristics for each Massachusetts municipality. Then we performed several tests of the economic impact of final-offer arbitration.


Collective Bargaining As An Institution - A Long View: Discussion, David B. Lipsky Mar 2013

Collective Bargaining As An Institution - A Long View: Discussion, David B. Lipsky

David B Lipsky

[Excerpt] Professor Barbash states that "pluralistic capitalism of the North American and Western European variety provides the most favorable environment for power-based collective bargaining." I would only point out that the economic systems that go under the label "capitalism" differ widely in their characteristics, including the proportion of enterprise that is state-owned. Collective bargaining, after all, had its roots in 19th century capitalism but continues to thrive in the vastly different environment of the modern welfare state. It seems to me that there is nothing necessarily incompatible between collective bargaining and democratic socialism, but that collective bargaining cannot survive under ...


The Outcome Of Impasse Procedures In New York Schools Under The Taylor Law, John E. Drotning, David B. Lipsky Mar 2013

The Outcome Of Impasse Procedures In New York Schools Under The Taylor Law, John E. Drotning, David B. Lipsky

David B Lipsky

The effectiveness of New York’s Taylor Law, and of the Public Employment Relations Board established under it, may be measured in a number of ways. One is to see whether it does, in fact, eliminate strikes of public employees. Another is to compare the results of mediation and fact-finding under the Board’s auspices with settlements arrived at without intervention of PERB. The authors, who are engaged in a broad study of the latter kind, present some of their findings as they relate to the public school system during 1969 and 1970.


The Composition Of Strike Activity In The Construction Industry, David B. Lipsky, Henry S. Farber Mar 2013

The Composition Of Strike Activity In The Construction Industry, David B. Lipsky, Henry S. Farber

David B Lipsky

This study shows that strikes in construction have, by most measures, increased during the years since 1949, a period during which strike activity tended to decline in American industry as a whole. The authors demonstrate that this increase has resulted not from an increase in the number of wage disputes but from a growing number of jurisdictional strikes and the increasing severity of economic and union-organizing strikes. They also show that the number of strikes in construction does not vary significantly with the unemployment rate in that industry nor with the presence of wage controls, but both of those factors ...


The Politics Of The Education Reform Movement: Some Implications For The Future Of Teacher Bargaining, David B. Lipsky Mar 2013

The Politics Of The Education Reform Movement: Some Implications For The Future Of Teacher Bargaining, David B. Lipsky

David B Lipsky

[Excerpt] In summary, the ongoing battle over education reform and emerging demographic trends do not bode well for the success of reform efforts in this country and probably mean tougher, if nonetheless more interesting, days at the bargaining table. In recent years taxpayers have been willing to support increased expenditures for public education. But sooner or later taxpayers will want to see results. Both liberal and conservative politicians have been staunch supporters of the school reform movement, but politicians are a notoriously fickle group. To improve the quality of education, we need a sustained effort over an indefinite period of ...


The Education Reform Movement And The Realities Of Collective Bargaining, Robert E. Doherty, David B. Lipsky Mar 2013

The Education Reform Movement And The Realities Of Collective Bargaining, Robert E. Doherty, David B. Lipsky

David B Lipsky

[Excerpt] The response to what many believe to be a serious decline in educational achievement and standards has been, so far, a spate of studies, commissions, and reports, all aiming toward reform of the education system. Most of the recommendations that have been implemented to date have come about through state-level legislation and mandates (Darling-Hammond and Berry, 1988). Education reformers disagree on the role of teacher bargaining in achieving their objectives. One wing of the reform movement believes collective bargaining is an obstacle to change and maintains collective bargaining is one reason the schools are in bad shape. But another ...


How Union Leaders View Job Training Programs, John E. Drotning, David B. Lipsky Mar 2013

How Union Leaders View Job Training Programs, John E. Drotning, David B. Lipsky

David B Lipsky

How do local union leaders view manpower training programs for hard-core-disadvantaged blacks? How do they perceive their members' attitudes towards these training programs? Do unions block the implementation of job training, or do they support it? What are the union leaders' views on special treatment and double work standards for the hard-core-disadvantaged black trainees? How difficult do union leaders think it will be for these trainees to achieve the educational standards set by the firms? We, along with Myron D. Fottler, explored some aspects of these questions in fairly intensive interviews with 51 local and regional union leaders in western ...


Collective Bargaining And The Quality Of Work: The Views Of Local Union Activists, Thomas A. Kochan, David B. Lipsky, Lee Dyer Mar 2013

Collective Bargaining And The Quality Of Work: The Views Of Local Union Activists, Thomas A. Kochan, David B. Lipsky, Lee Dyer

David B Lipsky

[Excerpt] The purpose of the present study was to assess the views of local union officers and activists on these matters. Specifically, the study was designed to answer the following questions: Do local union leaders and members see so-called quality of work issues as equal in importance to the more traditional issues of collective bargaining? Do they tend to agree or disagree on these ratings of importance? Do they see quality of work issues as more integrative; that is, as those on which the goals of management and the union are pretty much the same? Is the collective bargaining process ...


Employment And Unemployment Statistics In Collective Bargaining: Discussion, David B. Lipsky Mar 2013

Employment And Unemployment Statistics In Collective Bargaining: Discussion, David B. Lipsky

David B Lipsky

[Excerpt] This writer can't see the potential in the establishment survey data that Mills sees —at least, not for collective bargaining purposes. First, the sample can never be made large enough, except at prohibitive cost, to include a sufficient cross-section of unionized firms. Granted, union and management representatives have some interest in what is happening in nonunion firms; but this writer would guess their principal interest is in what is happening in comparable unionized relationships. Second, the establishment survey is a good source of information on average hourly earnings and the like, but it is hard to believe it ...


Interplant Transfer And Terminated Workers: A Case Study, David Lipsky Mar 2013

Interplant Transfer And Terminated Workers: A Case Study, David Lipsky

David B Lipsky

Following its decision to close four plants and transfer their operations to a new location, the General Foods Corporation offered jobs in the new plant to all 1,800 affected employees and payment of their transfer expenses. To those electing not to transfer, the Corporation offered severance pay. Less than a fourth of employees transferred to the new location. This study analyzes in detail the characteristics of the movers and nonmovers and the subsequent employment experience of the latter. It concludes that those workers who most needed the job and income protection offered by the transfer plan were least likely ...


Introduction To [Collective Bargaining In American Industry: Contemporary Perspectives And Future Directions], David B. Lipsky, Clifford B. Donn Mar 2013

Introduction To [Collective Bargaining In American Industry: Contemporary Perspectives And Future Directions], David B. Lipsky, Clifford B. Donn

David B Lipsky

[Excerpt] Of course, collective bargaining in this country has always been an institution rich in diversity. The nature of each collective bargaining relationship came about through a variety of influences both internal and external to the bargaining process. The internal factors include such things as the ideology of labor and management, the way the unions and employers were organized, and the history of the relationship between the parties. The external factors include the state of the economy and the nature of the laws and court decisions that regulate bargaining practices. Nonetheless, this diversity has never been more in evidence than ...


What Do Unions Do? Comment, David B. Lipsky Mar 2013

What Do Unions Do? Comment, David B. Lipsky

David B Lipsky

[Excerpt] In What Do Unions Do?, F & M gather together an impressive amount of evidence showing that unions are on net beneficial for society. This book will not end the debate over whether unions are good or bad for society, but it represents a milestone that will surely influence the course of the debate in the future.


Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky Feb 2013

Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky

David B Lipsky

[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and ...


Resolving Workplace Disputes In The United States: The Growth Of Alternative Dispute Resolution In Employment Relations, David B. Lipsky, Ronald L. Seeber Feb 2013

Resolving Workplace Disputes In The United States: The Growth Of Alternative Dispute Resolution In Employment Relations, David B. Lipsky, Ronald L. Seeber

David B Lipsky

[Excerpt] For more than a decade a "quiet revolution" has been occurring m the American system of justice. There has been a dramatic growth in the use of alternative dispute resolution (ADR) to resolve disputes that might otherwise be handled through litigation. We define ADR as the use of any form of mediation or arbitration as a substitute for the public judicial or administrative process available to resolve a dispute (Lipsky and Seeber, 1998A}. In the United States mediation, arbitration, and their variants ordinarily are private processes in which the disputants themselves select, hire, and pay the third-party neutral who ...


Introduction To The Ilr School At Fifty: Voices Of The Faculty, Alumni, And Friends, David B. Lipsky Feb 2013

Introduction To The Ilr School At Fifty: Voices Of The Faculty, Alumni, And Friends, David B. Lipsky

David B Lipsky

[Excerpt] Today the school's faculty is as strong as it has ever been. It consists of renowned researchers and accomplished practitioners who are, at the same time, dedicated to their students and to classroom teaching. Our students are outstanding—so outstanding that I wonder if I could be admitted if I were applying today! Our extension and outreach programs serve 30,000 adults every year and are the envy of all our academic competitors. As we look to the future we know we have a solid foundation on which to build. In dreams begin responsibilities. The dream that Irving ...


Patterns Of Adr Use In Corporate Disputes, David B. Lipsky, Ronald L. Seeber Feb 2013

Patterns Of Adr Use In Corporate Disputes, David B. Lipsky, Ronald L. Seeber

David B Lipsky

[Excerpt] Is it reasonable to expect that the use of ADR by U.S. corporations will continue to grow in the future? We asked the respondents in our survey a series of questions designed to determine their view on this issue....In general, a large majority of the respondents in our survey believe that they are "likely" or "very likely" to use mediation in the future—38% and 46%, respectively. They were more cautious about the use of arbitration. Only 24% said they were very likely to use it in the future, while 47% said they were likely to do ...


The Future Lies Ahead (With Apology To Mort Sahl), David B. Lipsky Feb 2013

The Future Lies Ahead (With Apology To Mort Sahl), David B. Lipsky

David B Lipsky

[Excerpt] The progress and development of the ILR School during the past 50 years, though sometimes uneven in both pace and direction, has largely met the promise and expectations embodied in the founding legislation. The fulfillment of the legislative purpose testifies to the contributions of those many individuals and institutions with whom we have interacted over this period of astonishing growth in size, complexity of structure and programs, and recognized stature at home and abroad in both the academic and practitioner worlds. Because the largest part of my professional life h a s been spent as a member of the ...


The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber Feb 2013

The Social Contract And Dispute Resolution: The Transformation Of The Social Contract In The United States Workplace And The Emergence Of New Strategies Of Dispute Resolution, David B. Lipsky, Ronald L. Seeber

David B Lipsky

In recent years, a significant amount of public and academic attention has been devoted to the unravelling of the so-called 'New Deal' social contract and the emergence of a new social contract between workers and employers in the United States of America (US). In our paper, we will identify the forces of change that undermined the New Deal social contract during the post-World War II era and led to the reformulation of the workplace social contract in the US. It is our thesis that the transformation of the workplace social contract in the US significantly affected the resolution of employment ...


Public Sector Collective Bargaining And The Imperative For Service Delivery: An Overview, Jonathan Brock, David B. Lipsky Jan 2013

Public Sector Collective Bargaining And The Imperative For Service Delivery: An Overview, Jonathan Brock, David B. Lipsky

David B Lipsky

[Excerpt] When public sector officials and union leaders are willing to enter into cooperative arrangements, the evidence in this volume and elsewhere suggests they usually find that cooperation results in improvements in both the delivery of public services and the quality of work life. Certainly there have been instances when cooperation has failed to produce desirable results, but this volume includes ample testimony to its potential beneficial effects and depicts successful experiences with cooperation at the federal government level, in a number of state governments, in Indianapolis, and elsewhere. Also, we know that in places such as Los Angeles; Phoenix ...


Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar Jan 2013

Online Dispute Resolution Through The Lens Of Bargaining And Negotiation Theory: Toward An Integrated Model, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we apply negotiation and bargaining theory to the analysis of online dispute resolution. Our principal objective is to develop testable hypotheses based on negotiation theory that can be used in ODR research. We have not conducted the research necessary to test the hypotheses we develop; however, in a later section of the article we suggest a possible methodology for doing so. There is a vast literature on negotiation and bargaining theory. For the purposes of this article, we realized at the outset that we could only use a small part of that literature in developing a ...


The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare Jan 2013

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

David B Lipsky

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry. After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration ...


The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar Jan 2013

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of ...


Workplace Arbitration In The Current Economic Crisis, David B. Lipsky Jan 2013

Workplace Arbitration In The Current Economic Crisis, David B. Lipsky

David B Lipsky

[Excerpt] In the midst of our economic crisis, arbitrators are facing unprecedented challenges. As the financial implosion has spread from Wall Street to Main Street, we are hearing cases that require us to decide issues the parties never anticipated when their arbitration programs were established. Take labor-management arbitration as an example. Unlike in the past, when labor arbitrators sometimes had to decide whether a layoff complied with the collective bargaining agreement, today they are addressing the repercussions of mass layoffs resulting from plant shutdowns. Similarly, in previous years, labor arbitrators frequently decided cases dealing with alleged infractions of Title VII ...